Last Updated: June 26th, 2018
TERMS AND CONDITIONS
- CONTRACTUAL RELATIONSHIP
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and EQUO. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior written or verbal agreements or arrangements with you. EQUO may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any part thereof, at any time for any reason and without notice.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on www._______________.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). In the event of a conflict with respect to the applicable Services, supplemental terms shall prevail over and supersede these Terms.
EQUO may amend the Terms related to the Services from time to time. Amendments will be effective upon EQUO's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
- THE SERVICES
The Services constitute a technology platform that enables you to use EQUO's mobile applications (each, an "Application") to arrange and schedule transportation of equines and/or logistic services with third party providers of such services, including independent third party transportation providers and third party logistic providers under agreement with EQUO or certain of EQUO's affiliates ("Third Party Providers"). Unless otherwise agreed by EQUO in a separate written agreement with you, the Services are made available for your personal and commercial use. YOU ACKNOWLEDGE THAT EQUO DOES NOT PROVIDE TRANSPORTATION OR LOGISTIC SERVICES OR FUNCTIONS AS A TRANSPORTATION CARRIER. THE CARRIER IS THE SOLE RESPONSIBLE PARTY FOR THE TRANSPORTATION OF THE EQUINES AND SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGES.
Subject to your compliance with these Terms, EQUO grants you a limited, non-exclusive, non- sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and commercial use. Any rights not expressly granted herein are reserved by EQUO and EQUO's licensors.
You may not: (i) remove or use any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by EQUO; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under EQUO's various types or request options associated with transportation or logistics, including the transportation request types currently referred to as "EQUO RUSH," "EQUO PLANNED," and "EQUO POOL." You also acknowledge that the Services may be made available under such types or request options by or in connection with certain of EQUO's subsidiaries and affiliates.
Third Party Services and Content.
The Services and all rights therein are and shall remain EQUO's property or the property of EQUO's licensors. Neither these Terms nor your use of the Services convey or grant to you any
rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner EQUO's company names, logos, product and service names, trademarks or services marks or those of EQUO's licensors.
- YOUR USE OF THE SERVICES
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to EQUO certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information for your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or EQUO's termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by EQUO in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to use transportation services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. You will be asked to provide the following documentation to the Driver: (i) proof of identification documentation; (ii) Official report of a negative Equine Infections Anemia Test (EIA or Coggins Test) dated within Six (6) months of the date of the ride; and (iii) Health Certificate issued by a licensed veterinarian within Thirty (30) days of the ride. You agree that you may be denied access to or use of the Services if you refuse to provide such documents.
The Company does not provide insurance for the equine that is being transported. It is up to the owner to insure the equine.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. EQUO does not guarantee that the Services, or any portion thereof, will function on any
particular hardware or device. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, EQUO will facilitate your payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by EQUO. YOU RETAIN THE RIGHT TO REQUEST LOWER CHARGES FROM A THIRD PARTY PROVIDER FOR SERVICES RECEIVED BY YOU FROM SUCH THIRD PARTY PROVIDER AT THE TIME YOU RECEIVE SUCH SERVICES. EQUO WILL RESPOND ACCORDINGLY TO ANY REQUEST FROM A THIRD PARTY PROVIDER TO MODIFY THE CHARGES FOR A PARTICULAR SERVICE.
Once you have requested the Service(s), there will be a hold of the on your credit card or accepted payment partner for the estimated value of the trip, in order to proceed with the request.
All Charges are due immediately upon delivery and payment will be facilitated by EQUO using the preferred payment method designated in your Account, after which EQUO will send you a receipt by email, including the explanation of the charges (click here for a sample of the calculation chart). If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that EQUO may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and EQUO, EQUO reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in EQUO's sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. EQUO will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. You may elect to cancel your request for services or goods from a Third Party Provider following the conditions below. When a Rush shipment is accepted by a carrier you have until 45 minutes before the trip start time to cancel, in that case the cancellation fee would be twenty (20%) percent of the estimated ride. If you cancel the trip within 45 minutes of the trip start time then the cancellation fee would be hundred (100%) percent of the estimated ride. When a Planned/Pool shipment is accepted by a carrier you have until 48 hours before the trip start time to cancel, in that case the cancellation fee would be twenty (20%) percent of the estimated ride. If you cancel the trip within 48 hours of the trip start time then the cancellation fee would be hundred (100%) percent of the estimated ride. In the event you cause a delay of 30 minutes or more to the pick-up time, Driver has the option to cancel the Services or, at Driver’s discretion, continue to wait until you are ready for the pick-up. If the Driver opts to cancel the Service, there shall be no refunds and you may then re-schedule a pick-up at any time..
This payment structure is intended to fully compensate the Third Party Provider for the services provided. EQUO does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by EQUO (on EQUO's website, in the Application, or in EQUO's marketing materials) to the effect that tipping is "voluntary," "not required," and/or
"included" in the payments you make for services or goods provided is not intended to suggest that EQUO provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
You shall be responsible for the cost of repair for damage to of, Third Party Provider trailer resulting from use of the Services under your Account in excess of normal "wear and tear" damages ("Repair"). In the event that a Third Party Provider reports the need for Repair, and such Repair request is verified by EQUO in EQUO's reasonable discretion, EQUO reserves the right to facilitate payment for the reasonable cost of such Repair on behalf of the Third Party Provider using your payment method designated in your Account. Such amounts will be transferred by EQUO to the applicable Third Party Provider and are non-refundable.
- DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." EQUO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, EQUO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. EQUO DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
EQUO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF EQUO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EQUO SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF EQUO HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. EQUO SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND EQUO'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY TRANSPORTATION PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME REQUEST TYPE MAY OFFER EQUO POOL TRANSPORTATION SERVICES. IN NO EVENT SHALL EQUO'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
EQUO'S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, OR LOGISTICS SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT EQUO HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold EQUO and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) EQUO's use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
- DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and EQUO, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and EQUO are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and EQUO otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available atwww.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
- OTHER PROVISIONS
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Florida, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
EQUO may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to EQUO, with such notice deemed given when received by EQUO, at any time by first class mail or pre-paid post to EQUO, LLC, Attn: email@example.com
You may not assign these Terms without EQUO's prior written approval. EQUO may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of EQUO's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, EQUO or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. EQUO's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EQUO in writing. Section 5 of the Terms shall survive any termination of these Terms.