The following terms and conditions govern all use of the StableSecretary.com website (the “Site”), the Stable Secretary web and mobile applications (the “Applications”), and all content, products and other services available at or through the Site and the Applications, (all of which are referred to collectively as the “Services”). The Website is owned and operated by Ragged Mountain Equine Ventures, LLC. (“RMEV”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, RMEV’s Privacy Policy) and procedures that may be published from time to time on the Site by RMEV (all of which collectively constitute one agreement and are referred to herein as the “Agreement”). The Agreement is a binding agreement between you and RMEV. You are referred to herein as “You.” Please read this Agreement carefully before accessing or using the Applications or the Services. By accessing or using any part of the Applications or the Services, You agree to be bound by the terms and conditions of this Agreement. If You do not agree to all the terms and conditions of this agreement, then You are not entitled by RMEV to access the Applications or the Services or to use any Services. If these terms and conditions are considered an offer by RMEV, acceptance is expressly limited to these terms. Description of Service. RMEV provides users who enter into this Agreement with access to a barn management software application at StableSecretary.com, to a mobile version of that application, and other related services. The applications and any data or other material that users provide are hosted by third parties using “cloud” technology and systems. RMEV assumes no responsibility for any actions or failures by such third parties. You are STRONGLY ADVISED to retain separate files of all data and other material that may be provided. You are responsible for gaining access to the Site, the Applications and the Services and that access may involve third party fees (such as Internet service provider fees). You are responsible for all such fees. In addition, You must provide and are responsible for all equipment necessary for You to access the Site, the Applications and the Services.
Your Registration Obligations. Prior to accessing or using the Site, the Applications, or the Services, You must subscribe for and establish an account (“Your Account”) with RMEV, which includes providing all registration data requested by RMEV. You agree to maintain and promptly update Your Account registration data for any changes. Accounts registered by automated methods are not permitted. You must provide your full name, a valid email address, a valid billing address, and credit card number, and any other information requested in order to complete the signup process.
Fees and Payment.
FEE LIST. RMEV has established a list on the Site of the fees for access to and usage of the Applications and for other common Services (the “Fee List”). For any Services desired by You that are not listed on the Fee List, the fees for such Services (“Special Services”) are subject to agreement between you and RMEV. RMEV reserves the right to decline to provide Special Services. RMEV reserves the right to modify the Fee List and the Services listed thereon from time to time in its sole discretion. Any such changed fees for access to and usage of the Applications or for Services shall be effective as of the beginning of the next monthly billing cycle for Your Account.
COMMITMENT TO PAY. You agree to pay to RMEV the relevant fees for use of the Applications and Services You choose for Your Account. Unless otherwise stated, all charges are not refundable. You affirm that You will be responsible for all such charges, even if Your Account is canceled or terminated. In case of non-payment or insufficient payment, RMEV reserves the right to immediately interrupt any use of the Applications and Services to Your Account until the payment issue has been formally settled between RMEV and You. If You are disputing a billing error, RMEV encourages You to first contact RMEV Support to resolve any disagreement to avoid having your Account interrupted. In the event of nonpayment or insufficient payment, RMEV reserves the right to terminate access to the Applications and all Services to Your Account.
We accept credit cards issued by U.S. banks. If a credit card account is being used for a transaction, RMEV may obtain preapproval for an amount up to the amount of the payment. If you enroll to make recurring payments automatically, all charges and fees will be billed to the credit card you designate during the setup process. If you want to designate a different credit card or if there is a change in your credit card, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.
You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit/debit card company or bank, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Responsibility of Contributors.
CONTENT. You are entirely responsible for all data or other material (collectively referred to as “Content”) that is posted via a portal to the Applications by You or any third party that You allow to post Content to the Site or the Applications. For these purposes, Content includes, but is not limited to text, graphics audio or video files, computer software or code, and any other media in any form. You cannot post data or use the software for illegal purposes.
RESTRICTION OF ACCESS. You are responsible for maintaining the secrecy of Your Account password, and for all activities that occur under Your Account and any other actions taken in connection with the content You create. You must immediately notify RMEV of any unauthorized uses of Your Account or any other breaches of security. RMEV will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You agree to defend, indemnify and hold RMEV harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by RMEV arising out of your breach of these Terms of Service or violation of applicable law, your use or access of the Site, or access by anyone accessing the Site using your user ID and password.
Accounts and Renewal. General Terms. Stable Secretary accounts are established on an annual basis. When you establish Your Account you can elect to pay to RMEV the fees for access to and use of the Applications on a monthly or an annual basis. You may cancel Your Account on 30 days prior written notice to RMEV. If You have elected to pay Your fees for access to and usage of the Applications on an annual basis, the balance of your fees for access to and usage of the Applications which is allocable to the remainder of the annual period will be refunded. Optional paid Services, such as extra training, on-site support, or data entry, are available as set forth on the Site. By selecting a Service, You agree to pay RMEV the fees indicated for that Service. Any Service not listed on the Site may be requested from RMEV and the fees for such Services must be agreed to in advance by both parties in writing (email messages or signed and dated letters are acceptable). RMEV may decline to provide any Service not listed on the Site, in its absolute discretion. All fees for Services are due in advance and are not refundable. Automatic Renewal. Unless You notify RMEV in writing before the end of the applicable annual account period that You want to cancel Your Account, Your Account will automatically renew, and You authorize RMEV to collect the then-applicable fees for Your Account (as well as any taxes) using any credit card or other payment mechanism we have on record for You.
Use of the Services. RMEV Responsibilities. RMEV shall: (i) provide basic customer support per our customer support terms then in effect for the Purchased Services to You at no additional charge, (ii) use commercially reasonable efforts to make access to and use of the Applications to the extent customary in the industry, except for: (a) planned downtime, or (b) any unavailability caused by circumstances beyond RMEV’s reasonable control or that of agents acting on RMEV’s behalf, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, denial of service attacks, or failure of hosting services, and (iii) provide access to and usage of the Applications and the Services only in accordance with applicable laws and government regulations. Our Protection of Your Data. RMEV shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your data to the extent customary in the industry and as required by law. RMEV shall not (a) modify your data, (b) disclose your data except as set forth in our Privacy Policy [ insert link ], compelled by law or as expressly permitted in writing by You, or (c) access your data except to provide the Services and prevent or address service or technical problems, or at Your request in connection with customer support matters. Your Responsibilities. You shall (i) be responsible for the compliance by You and any of your employees, agents, and any other person or entity affiliated with You, with this Agreement, (ii) be responsible for the accuracy, quality and legality of your data and of the means by which You acquired your data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Applications, and notify RMEV promptly of any such unauthorized access or use, and (iv) use the Applications only in accordance with the RMEV User Guide provided on the Site and applicable laws and government regulations. You shall not (a) make the Applications available to anyone (b) sell, resell, rent or lease the Applications, (c) use the Applications to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (d) use the Applications to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Site or the Applications or any third-party data contained therein, or (f) attempt to gain unauthorized access to the Site, the Applications or any of RMEV’s related systems or networks. At times, RMEV may publish updates, bug fixes, upgrades, and other modifications to the Stable Secretary application to improve or enhance the quality of the software. You shall be responsible for accepting all of these updates, bug fixes, upgrades, and other modifications.
Responsibility of Site Visitors. RMEV has not reviewed, and cannot review, all of the material posted to the Site or to Applications of other account holders, and cannot therefore be responsible for that material’s content, use or effects. By operating the Site, RMEV does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Site may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing inaccuracies, typographical mistakes, and other errors. The Site may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. RMEV disclaims any responsibility for any harm resulting from the use by visitors of the Site, or from any downloading by those visitors of content there posted.
Intellectual Property. This Agreement does not transfer from RMEV to You any RMEV or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RMEV and its third party licensors. RMEV, the Stable Secretary web and mobile applications, the StableSecretary.com web site, the StableSecretary.com logo, and all other trademarks, service marks, graphics and logos used in connection with StableSecretary.com, or the Site, are trademarks or registered trademarks of RMEV or RMEV’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Site may be the trademarks of other third parties. Your use of the Site grants You no right or license to reproduce or otherwise use any RMEV or third-party trademarks.
Advertisements. RMEV reserves the right to display advertisements on the Site and in the Applications. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. You agree that RMEV shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
Changes. RMEV reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site and the Applications following the posting of any changes to this Agreement constitutes acceptance of those changes. RMEV may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Notices. Notices to You may be made via email. RMEV may also provide notices of changes to the Terms of Service or the Privacy Policy or other matters by displaying notices or links to notices to You on the Service. You are solely responsible for notifying RMEV of any change to your email address and other registration data.
Termination. RMEV may terminate your access to and usage of the Applications and its provision of Services if You materially breach this Agreement (other than a failure to pay and fail to cure such breach within fifteen (15) days from RMEV’s notice to You thereof; provided that, RMEV can terminate the Website immediately as part of a general shut down of our service. If you fail to pay for the fees to RMEV, RMEV may terminate Your access to and usage of the Applications and its provision of Services without the obligation to provide notice or an opportunity to cure. If You wish to terminate this Agreement or Your Account, You must follow the procedure described on your Account page on the Website. If you terminate this Agreement or your Account, RMEV will keep your data for a period of at least 6 months, after which it may be deleted. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Links to Other Sites. RMEV makes no representations whatsoever about any other website that you may access through this Site. When you access a non-RMEV site, please understand that it is independent from RMEV, and that RMEV has no control over the Content on that website. In addition, a link to a non-RMEV website does not mean that RMEV endorses or accepts any responsibility for the Content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Claims of Copyright Infringement. We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. RMEV respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to RMEV’s Designated Copyright Agent, identified below.
Notices of Alleged Infringement for Content Made Available Through the RMEV Site If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements. 1. Identify the copyrighted works that you claim have been infringed. 2. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found. 3. Provide your mailing address, telephone number, and, if available, email address. 4. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." 5. Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to our Copyright Agent:
Kate Rice
Ragged Mountain Equine Ventures, LLC
54 Lower Ridge Road East, Andover NH 03216
Disclaimer of Warranties. YOU UNDERSTAND THAT THE SITE AND ACCESS TO AND USAGE OF THE APPLICATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE”. RMEV AGREES TO MAINTAIN THE INDUSTRY STANDARD AND EXERCISE COMMERCIALLY REASONABLE EFFORTS TO MAINTAIN A STABLE PLATFORM FOR THE SITE AND THE APPLICATIONS. THE SITE AND THE APPLICATIONS ARE OFFERED WITHOUT ANY REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY UNLESS STATED OTHERWISE. YOU AGREE THAT THE RMEV IS NOT LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, TRANSACTION LOSSES, OPPORTUNITY COSTS, OR INTERRUPTION OF BUSINESS RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATING TO THE SITE, THE APPLICATIONS OR THE SERVICES.
Limitation of Liability. IN NO EVENT WILL RMEV, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) ANY INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) IN ANY CASE OR CIRCUMSTANCE, FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO RMEV UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. RMEV SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
General Representation and Warranty. You represent and warrant that (i) Your use of the Site and the Applications will be in strict accordance with the RMEV Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside) and (ii) Your use of the Site and the Applications will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless RMEV, its owners, managers, employees, and agents, and its contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site, the Applications and the Services, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between RMEV and You concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of RMEV, or by the posting by RMEV of a revised version of this Agreement. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Site or the Applications and the provision of any Services will be governed by the laws of the State of New Hampshire, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Concord, New Hampshire. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New Hampshire, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RMEV may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.