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Dapple LLC
Terms of Service

Terms of Service

 

Welcome to Dapple, a technology service for individuals in the equestrian industry to manage horse care, invoice and collect fees, and participate in other services or products we may offer from time to time (collectively, our “Service”). These Terms of Service (“Terms of Service” or “Agreement”) are a binding legal agreement between you and Dapple LLC, a California limited liability company with a registered office at 4653 Carmel Mountain Rd #308, PMB 1127, San Diego, CA 92130 (“Dapple,” “we,” “us,” and “our”), and govern your use of our software applications and resources. This Agreement applies to all use of the Service, whether you access it from our website at www.letsdapple.com (including any subdomain or localized version) (“Our Website”), our mobile applications and mobile websites, or any other access point we make available to you.

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING DAPPLE’S SERVICES, WEBSITE, OR APPLICATIONS. THESE TERMS OF SERVICE INCLUDE A LIMITATION OF LIABILITY, A BINDING ARBITRATION CLAUSE, AND A CLASS ACTION WAIVER. IN ORDER FOR YOU TO BE GRANTED USE OF AND ACCESS TO DAPPLE’S SERVICES, WEBSITE, AND APPLICATIONS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS.

 

ACKNOWLEDGEMENT & ACCEPTANCE

 

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms of Service. This Agreement, together with the Privacy Policy, applies to Farriers who access, enroll in, or use the Service (“Users,” used interchangeably with “you” and “Farrier” throughout this Agreement). “User” means you as an individual, as well as the employer or entity on whose behalf you are using the Service, and you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and such employer or entity. “User” also includes customers that use any of our services, as applicable.

 

You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on Our Website, any application, or otherwise notifying you in our sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to be bound by the modified terms of this Agreement. We do not and will not assume any obligation to notify Users of any changes to this Agreement. You are responsible for remaining knowledgeable about these Terms of Service.

 

DAPPLE SERVICES

 

Nature of Dapple’s Service. Dapple offers you the use of our desktop web application, mobile application, and other related tools, support, and services that Farriers can use to schedule services and process payments for horse owners, trainers, and any other person who has a legal right to care or make decisions for a horse (“Clients”). Your use of our Service is solely authorized for supporting your business, and for Clients, solely for your personal use.  

 

Dapple does not Provide Horse Care Services. Dapple is a neutral venue for Farriers. Dapple is not a Farrier and, except for resources and support specifically described in the Service, does not provide any horse care services. We make no representations or warranties about the quality of horse shoeing, horse handling, horse training, horse schooling, horse boarding, horse therapy, or any other services provided by Farriers (“Horse Care Services”), or about your interactions and dealings with other Users through the Service. Farriers available through Dapple are not under the direction or control of Dapple, and Farriers determine, in their own discretion, how to provide Horse Care Services. Dapple does not employ, recommend, or endorse Farriers or Clients, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Farriers or Clients, whether online or offline. Farriers should exercise caution and use independent judgment before providing Horse Care Services or otherwise interacting with users via the Service. Clients and Farriers are solely responsible for making decisions that are in the best interests of themselves and the horses.

 

Transactions are Between Clients and Service Providers. Dapple may be used to facilitate scheduling and payment for Horse Care Services, but all services provided and transactions conducted via the Service are between Clients and Farriers. You agree that Dapple has no liability for damages associated with Horse Care Services (which may include bodily injury to, or death of, a horse or those providing Horse Care Services) or resulting from any other transactions between Users of the Service.

 

USE OF THE SERVICE

 

Dapple is offered to Users who are eighteen (18) years of age or older and reside in the United States. Use of the Service is permitted only by individuals who can form legally binding contracts under applicable law. If you do not qualify, you may not use the Service. By using the Service, you represent and warrant that you are eighteen (18) years of age or older and otherwise meet all eligibility requirements herein. You further represent that all information you provide to us shall be accurate and that you have all necessary rights to provide and use such information as contemplated herein. In addition, you represent and warrant that you will comply with all applicable federal, state, and local laws, rules, and regulations with respect to your use of the Service.

 

LICENSE

 

Subject to User’s compliance with this Agreement, Dapple hereby grants User a  revocable, non-exclusive, non-transferable right to access and use the Service, solely in the conduct of User’s normal course of business and in accordance with this Agreement. User understands and agrees that the Service is provided under license to User, not being sold to User, and User shall not gain any ownership interest of any kind in the Service under this Agreement.

 

Dapple will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, Dapple may restrict access to some parts of the Service, or the entire Service, to Users. Dapple does not make any representations or guarantees regarding uptime or availability of the Service.

 

SERVICE DATA YOU PROVIDE AS A FARRIER

 

In using the Service, you may provide us, directly or indirectly, with information about you or your business, including, but not limited to, the below types of information (which shall be referred to collectively as “Service Data”). We do not review or verify the Service Data. Users represent and warrant that all information they provide or submit, including, but not limited to, Service Data, is complete, accurate, and current.

 

Client Data. Individual Client data entered or imported by Farriers shall remain the property of the Farrier. User grants Dapple, its affiliates, and service providers the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such Client data as may be necessary to provide the Service to you and other customers, as well as for Dapple’s internal business uses and any other uses permitted by law, subject to our Privacy Policy.

 

Service Pricing Data. Service pricing data entered or imported by Farriers shall remain the property of the Farrier. We will not share the individual price data with a third party, except as part of a billing transaction with your clients, without the consent of the Farrier, however, we reserve the right to anonymize and aggregate pricing data as well as use such data for our business purposes.

 

Feedback. In the event that you provide us with any feedback regarding the Service, including, without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the Service (“Feedback”), you hereby assign to us all rights, including intellectual property rights, in the Feedback, including, but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

 

Login Information. You are responsible for maintaining the confidentiality of your account information and password. You are also responsible for all activities that occur in connection with your account, including, but not limited to, any unauthorized transactions involving any hacking or unauthorized access to or use of your account or account information. Dapple has no liability for any funds paid that were charged from your account or using your credit or debit card information, or paid or transferred to the account or card on file in your Dapple account. You agree to notify us immediately of any unauthorized use of your account. User is responsible and liable for: (i) User’s conduct; and (ii) any use of the Service through User’s information technology systems or environment, whether authorized or not. We have the right to disable any user name, password, or other identifier, whether chosen by User or provided by Dapple, at any time if, in our opinion, User has violated any provision of this Agreement.

 

Payment Processing Information. You may provide certain payment processing information including, but not limited to, dates, amounts, and forms of payments you receive. Users warrant that all information they provide or submit, including, but not limited to, Service Data, is complete, accurate, and current.

 

LICENSE TO SERVICE DATA; HOW WE USE SERVICE DATA

 

By submitting Service Data or any other content on or through our Service, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, transmit, modify, display, and distribute such content (i) to the extent necessary to provide the Service; (ii) for internal business purposes; (iii) to evaluate your eligibility to use our Service in our sole discretion; (iv) to create and present to you relevant new offerings from Dapple and our partners; (v) to improve, modify, and adapt our Service; and (vi) for any other lawful purpose. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights herein to the Service Data and any content or materials that you submit to your Dapple account or the Service.

 

Such use is subject to our rights and obligations set forth in our Privacy Policy. Examples of use may include, without limitation, the following:

 

  1. Send communications on your behalf to effect the intended purposes of the applicable Service;

  2. Generate invoices to you and collect payment thereon;

  3. Verify your identity and prevent fraud or other unauthorized or illegal activity;

  4. Analyze and create anonymized aggregate industry trends and analytics to improve the Service and create new features and offerings;

  5. Provide customer support to you;

  6. Use the names, trademarks, service marks, and logos associated with your company to promote the Service;

  7. Send you offers and marketing materials from Dapple that we believe may be of interest to you; and

  8. Any other use that we describe at the point where we collect data or information with your consent. 

 

Aggregated and Statistical Service Data Rights. Notwithstanding any other provision of this Agreement, Dapple shall own all right, title, and interest to any anonymized, aggregated, and statistical data created, generated, and/or derived from the Service Data and use of the Service. If Dapple does not automatically own any anonymized aggregated and statistical data upon its creation, you hereby assign all right, title, and interest, including intellectual property rights, in and to such aggregated and statistical data to Dapple.

 

You hereby grant to Dapple a non-exclusive, irrevocable, perpetual, unlimited, worldwide license to use and permit others to use, at no cost, your name, photograph, video, voice (from any recordings you provide or upload, or recordings made by us that include you), statements, likeness, and personal characteristics (“Materials”) in connection with our business purposes, including, but not limited to, advertising and commercial exploitation, in any format now known or hereafter developed at the our sole discretion.  Such uses of the Materials may include, but are not limited to: use on Our Website, use on social media, use of Materials within advertising, promotional and educational communications, use for training, and any other public use in furtherance of our business purposes. 

 

INTELLECTUAL PROPERTY

 

We or our licensors or partners own the intellectual property rights in the content and materials displayed on Our Website or through the Service, including, but not limited to, any materials to which you have access via your use of the Service (“Site Content”). You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Site Content unless explicitly authorized in these Terms of Service or by the owner of the materials.

 

Dapple owns all rights in and to its trademarks, service marks, brand names, and logos (the “Dapple Marks”). Subject to this Agreement, Dapple grants you, for so long as you are in good standing with respect to the Service, a limited, revocable, non-exclusive, non-transferable license to use the Dapple Marks solely: (a) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), if any, made available for purchase via our website and/or (b) in other manners, solely to the extent specifically authorized in writing via the Service. As a condition of your use of the Service and the foregoing license, you agree that (1) you have no ownership rights in the Dapple Marks and all goodwill associated with your use of the Dapple Marks inures solely to the benefit of Dapple, (2) such license immediately terminates upon your ceasing to be a User in good standing, whether at your own option or because Dapple suspends or terminates your rights to use the Service, (3) Dapple may terminate your right to use any and all Dapple Marks at any time and for any or no reason in Dapple’s sole discretion, and (4) you will not adopt or use any Dapple Marks other than as explicitly authorized by Dapple, and you will not use, register, or apply to register the Dapple Marks, the term DAPPLE, or any other term that includes the term DAPPLE, or any other similar term, as a business name, trade name, trademark, domain name, social media profile name, or any other indicator of source.

 

Your Dapple account is not intended to be used for storing sensitive data, and you acknowledge and agree that Dapple is not responsible for any storage of such information in your Dapple account. 

 

COPYRIGHT INFRINGEMENT

 

Dapple follows the procedures of the Digital Millennium Copyright Act. It is our policy, in appropriate circumstances, to deactivate or terminate the access of Users who repeatedly infringe or are repeatedly charged with infringing others’ copyrights or other intellectual property rights.

 

If you believe in good faith that your copyrighted work has been infringed by content posted on the Service, please email info@letsdapple.com with a written notice that includes all of the following information:

 

  • A description of the copyrighted work you believe to have been infringed;

  • A description of the URL or other location on Our Website of the material you believe to be infringing;

  • Your name, mailing address, telephone number, and email address;

  • A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

  • An electronic or physical signature of the person authorized to act on behalf of the copyright owner.

 

COMMUNICATING WITH YOU; TCPA CONSENT; WITHDRAWING CONSENT; HELP

 

You authorize Dapple, inclusive of its agents, affiliates, and independent contractors, to contact you at the email address(es) and telephone number(s) that you have provided to Dapple for advertisement, telemarketing, solicitation, or other purposes, using an automated telephone dialing system, a pre-recorded voice to deliver a message, or texting you, even if you have previously requested to be placed on our Do-Not-Call list, or your phone number appears on a state or federal Do-Not-Call list, or you have previously opted-out from receiving marketing emails from us. You can withdraw your consent to receive text messages at any time by replying with a text saying “STOP”. After you send the message “STOP” to us, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us, unless you thereafter provide consent. If you are experiencing issues with the text messaging program, you can get help directly at info@letsdapple.com. Neither the carriers nor Dapple shall be liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us, and to us from you.  Message frequency may vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy at https://www.letsdapple.com/privacy-policy. You can unsubscribe from receiving marketing messages from us in the settings of your account. If you do not consent to receive these messages or if you later unsubscribe from receiving marketing solicitations, you may miss out and not receive certain messages from Dapple. Consent to receive such communications is not a condition to using the Service, and if you choose not to consent, you may opt out by calling [858-208-0582].

 

You also agree that all personal information you provide to register with the Service is governed by our Privacy Policy, and you consent to all actions Dapple takes with respect to your personal information consistent with our Privacy Policy. Where it is permitted by law, Dapple may rely on implied consent. You also represent and warrant that you have obtained all necessary consents for any communications to your employees and Clients that are facilitated by or delivered via our Service. 

 

COMMUNICATIONS ON YOUR BEHALF

 

In the event you instruct or authorize Dapple to communicate with third parties on your behalf (including your Clients), whether via telephone calls, SMS messaging, emails, or otherwise, you hereby represent and warrant that you and Dapple are authorized to engage in such communications, that you shall be deemed to be the sender or originator of such communications, and that such communications shall comply with all applicable laws, rules, and regulations, including, but not limited to, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, CAN-SPAM, and Federal, State and internal Do-Not-Call lists, as well as any applicable privacy laws and regulations. 

 

FEES AND PAYMENT

 

Currency. All fees, deductible amounts, and other payments referenced on, or charged through, the Service are listed and payable in local currency. Any and all dollar amounts in this Agreement refer to U.S. dollars. 

 

Service Fees. We charge a service fee equal to 1.5% of the amount that you invoice Clients for your services. In addition, payment processing services are provided by Stripe, as described below, and they have certain transaction and payout fees. The Stripe fees and our Service fees will be deducted from the initial invoice price, and Farriers will receive payment after all related fees have been subtracted. Farriers must invoice a minimum of four hundred dollars ($400) to Clients per month (the “Invoice Minimum”) in order to use the Service. If the Farrier does not meet the Invoice Minimum in any month, Dapple will suspend the Farrier’s account. The Farrier may request that Dapple reactivate the account and if Dapple agrees in its sole discretion to reactivate the account, then Dapple reserves the right to charge the Farrier a reactivation fee no greater than one hundred dollars ($100). The initial payout by Stripe is delayed and will take 7-14 days to receive, but after the first delayed payout period, you will receive money paid within 24 business hours of the customer paying the invoice.   

Payment Disputes; Payment Outside of the Service. Dapple initiates payments to Farriers twenty four (24) hours after receiving invoiced amounts from a Client. Once these amounts have been disbursed, any further payment disputes are between the Clients and Farriers, and Dapple has no obligation to mediate or facilitate any resolution. Further, Dapple has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Service.

 

Payment Holds. If you are a Farrier, Dapple reserves the right to issue a hold on amounts otherwise payable to you if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reasons involving protection of Dapple, the Dapple community, or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the foregoing circumstances.

 

Authorization to Charge. When you are paid for Horse Care Services or for other services on Dapple, you will be required to provide us with valid, up-to-date payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you have any outstanding or unpaid bookings. Dapple’s role is to facilitate payments from Clients to Farriers as a limited payment agent for the Farrier.

 

Taxes. Except for taxes on Dapple’s income and gross receipts or where Dapple is otherwise required to collect taxes, you acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your provision or use of Horse Care Services via the Service. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Service.

 

Payment Processing. Payment processing services are provided by Stripe and are subject to the Stripe Services Agreement (available at https://stripe.com/legal), and, if you are receiving payments via the Service, the Stripe Connected Account Agreement (available at https://stripe.com/connect-account/legal) (collectively, the “Stripe Terms”). In order to use the Service to receive payment, you will be required to set up a Stripe account and accept the Stripe Terms. The first payout is delayed and will take 7 days to receive, but after that first 7-day payout period, you will receive money paid within 24 hours of the customer paying the invoice. You authorize Dapple to obtain all necessary access to, and perform all necessary activity on (including requesting refunds where appropriate), your Stripe Connected Account to facilitate payment related to Horse Care Services. You further agree to provide accurate and complete information about you and your business, and authorize Dapple to share it and transaction information with Stripe for the purposes of facilitating the payment processing services. Dapple reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion. 

Adding Different Payment Method. Unpaid invoices with a horse invoiced more than once will result in app suspension. Users must process invoices as paid by cash, check, or other payment method if you are accepting payments that way and using the app for scheduling.   

 

BETA SERVICES

 

Dapple offers all of its products, services, and content on an “as-is” basis.  This includes, but is not limited to, any products, services, or content relating to booking, scheduling, and invoicing. We may change terms, including pricing, for any products or services, and discontinue any products or services, upon prior notice to you. 

 

Beta Testing. You may from time to time be invited to participate in the alpha or beta testing of a new proposed product or service (“Beta Product”), which may be free, or for which there may be fees.  Unless you enter into a separate beta agreement with regard to any such Beta Product, you acknowledge and agree that: (a) the Beta Product is not an official product and has not been commercially released for sale by Dapple; (b) the Beta Product is provided “as is”, and may not operate properly or be fully functional; (c) the Beta Product may contain errors, design flaws, or other problems; (d) use of the Beta Product may result in unexpected results, loss of data or communications, or other unpredictable damage or loss; and (e) Dapple has the right to abandon development of the Beta Product at any time and without any obligation or liability to you. You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored, or otherwise processed by the Beta Product. 

 

PROHIBITED USE OF OUR SERVICE

 

Certain uses of our Service are inconsistent with our mission to improve the experience of our Users. The following activities are prohibited:

 

  1. Child exploitation: You may not post or upload Materials that exploit or abuse children, including, but not limited to, images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.

  2. Harassment, bullying, defamation, and threats: You may not post or upload Materials that harass, bully, defame, or threaten any person.

  3. Hateful content: You may not use the Service to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status, or other forms of discrimination. You may not use the Service to promote or support organizations, platforms, or people that promote or condone such hate, or that threaten or condone violence to further a cause.

  4. Illegal activities: You may not post or upload Materials that violate any applicable laws.

  5. Privacy or Intellectual property: You may not post or upload Materials that infringe on the privacy or intellectual property rights of others.

  6. Obscene or offensive content: You may not post or upload any Materials that we find, in our sole discretion, to be obscene, indecent, or offensive in any way.

  7. Malicious and deceptive practices: You may not use the Service to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Service or other infrastructure of Dapple or others, including any of our third party providers. You may not use the Service for deceptive practices or activities.

  8. Personally identifiable or confidential information: You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.

  9. Self-harm: You may not offer goods or services, or post or upload Materials that promote self-harm.

  10. Spam: You may not use the Service to transmit unsolicited, commercial electronic messages.

  11. Terrorist organizations: You may not offer goods or services, or post or upload Materials that imply or promote support or funding of, or membership in, a terrorist organization.

 

We may, at any time and without notice, remove any Materials and suspend or terminate your account or your access to the Service if you engage in activities that violate this Agreement.

 

INTERACTIONS AND DISPUTES WITH CLIENTS

 

No Warranty or Endorsement of Farriers

 

WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR FARRIER. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CLIENT. WE DO NOT WARRANT FARRIERS’ PERFORMANCE OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT, OR SERVICES FURNISHED BY FARRIER. WE DO NOT CONTRACT FOR OR PERFORM, AND ARE NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CLIENT IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY FARRIER OR THE FARRIERS’ ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CLIENT’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY FARRIER.

 

Relationship Between Farriers and Clients

 

FARRIERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH CLIENTS. CLIENTS’ RIGHTS UNDER THE CONTRACTS A CLIENT ENTERS INTO WITH FARRIERS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL, AND LOCAL LAWS. SHOULD A CLIENT HAVE A DISPUTE WITH ANY FARRIER, THE CLIENT MUST ADDRESS SUCH DISPUTE WITH THE FARRIER DIRECTLY. WE ARE NOT A PARTY OR THIRD-PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CLIENTS AND FARRIERS. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND A CLIENT OF YOURS DOES NOT INVOLVE DAPPLE. YOU EXPRESSLY AGREE THAT DAPPLE IS ENTITLED TO BE REIMBURSED FROM ANY MONEY OWED TO YOU, OR IN YOUR ACCOUNT, IN THE EVENT THAT DAPPLE IS REQUIRED TO ADVANCE FUNDS ON YOUR BEHALF DUE TO A CLIENT CHARGING BACK A CREDIT CARD PAYMENT PROCESSED BY DAPPLE AND PAID TO YOU. YOU AGREE TO FULLY COOPERATE IN THE EVENT WE RECEIVE A COMPLAINT FROM A CLIENT ABOUT YOU OR YOUR SERVICES.

 

RELEASE

 

IN EXCHANGE FOR THE SERVICE PROVIDED BY US AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, USER EXPRESSLY AGREES TO RELEASE DAPPLE, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE, EXCEPT THAT THIS RELEASE DOES NOT APPLY TO CLAIMS BY YOU DIRECTLY ARISING OUT OF DAPPLE’S MATERIAL BREACH OF THIS AGREEMENT, OR TO THE EXTENT THE FOREGOING RELEASE IS PROHIBITED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

 

NO REPRESENTATIONS OR WARRANTIES

 

WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF DAPPLE FOR ANY PURPOSE. WE DO NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH, OR LINK ON IT. DAPPLE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, DOWNTIME OF THE SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE, OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.

 

WE MAY FROM TIME TO TIME RECOMMEND, PROVIDE YOU WITH ACCESS TO, OR ENABLE THIRD PARTY SOFTWARE APPLICATIONS, PRODUCTS, SERVICES, CONTENT, OR WEBSITE LINKS INCLUDING THIRD PARTY SERVICES FOR YOUR CONSIDERATION OR USE. SUCH ADDITIONAL SERVICES ARE FOR YOUR CONVENIENCE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING SUCH ADDITIONAL SERVICES.

 

NO ADVICE

 

WE MAY PROVIDE YOU WITH ACCESS TO CERTAIN CONTENT, MATERIALS, INFORMATION, COACHING, AND PARTNER AND THIRD-PARTY SERVICES, REGARDING OR RELATING TO YOUR BUSINESS, TAXES, ACCOUNTING, OR LEGAL INFORMATION, BUT YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY OF OUR PARTNERS OR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDING ANY TAX, LEGAL, ACCOUNTING, BUSINESS, OR OTHER ADVICE TO YOU, AND YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO RELY UPON ANY SUCH INFORMATION YOU RECEIVE FROM US OR OUR PARTNERS OR THIRD-PARTY SERVICE PROVIDERS, WHETHER VIA OUR WEBSITE, THE SERVICE, OR ANY COMMUNICATIONS WITH US OR ANY SOCIAL MEDIA OR OTHER INTERNET POSTS. YOU AGREE THAT YOU WILL CONSULT APPLICABLE OUTSIDE PROFESSIONALS WITH REGARD TO ANY TAX, ACCOUNTING, LEGAL, OR BUSINESS ADVICE. 

 

LIMITATIONS OF LIABILITY

 

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES, AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, OR THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, FARRIER, OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, EMOTIONAL DISTRESS, BODILY INJURY, DEATH, AND/OR ANY OTHER INJURY OR DAMAGES TO A HORSE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THIS AGREEMENT. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTY USERS, CLIENTS, ADVERTISERS, AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. IN NO EVENT WILL DAPPLE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF FORESEEABLE, EXCEED THE LESSER OF (A) ALL FEES PAID BY YOU TO DAPPLE DURING THE SIX (6) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100). TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

SECURITY

 

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk, and that we have no liability to you or any third parties due to any unauthorized access to your Dapple account.

 

TERMINATION OF ACCOUNT

 

This Agreement will remain in full force and effect while you use the Service. Unless otherwise explicitly agreed to, you may terminate your account at any time, and for any reason. To cancel your account, please send an email to info@letsdapple.com. If you terminate your account, your account will be disabled within fourteen (14) days, however, you shall not receive any refund of any fees unless explicitly stated otherwise herein. We may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to us. All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your account. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. The provisions of these Terms of Service shall survive and continue to apply after our relationship expires or has been terminated for any reason, except where otherwise required by the context. If you are due a refund for canceling your paid account, a refund will generally be issued to you within fourteen (14) days of your request to cancel. Upon termination of your account, we may retain your information, including Service Data, but we have no obligation to do so.  

 

JURISDICTION AND CHOICE OF LAW

 

This Agreement is governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. If there is any legal suit, action, proceeding, or other dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions. You further agree that any dispute that is not required or eligible to be submitted to arbitration, as described below, shall be resolved in the state and federal courts located in San Diego, California, and you agree to the sole and exclusive jurisdiction in California.

 

The Service is controlled and operated by Dapple from its offices within the United States and is intended only for use by Users in the United States. The Service is not intended to subject Dapple to any non-U.S. jurisdiction or law. Dapple makes no representation that the information or materials on or linked through the Service is appropriate or available for use in other locations. If a User chooses to access the Service from other locations, it does so on its own initiative and at its own risk and is responsible for compliance with all applicable laws, rules, and regulations in its respective location in doing so.

 

DISPUTE RESOLUTION

 

Class Action Waiver.

 

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,  EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.  UNLESS BOTH YOU AND DAPPLE AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER DAPPLE SERVICE USERS.

 

Arbitration Agreement.

 

You agree that, unless prohibited by any applicable laws, any legal disputes or claims that cannot be resolved informally will be submitted to binding arbitration in California (the “Arbitration Agreement”). The arbitration shall be conducted by the American Arbitration Association, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. You agree that in no event shall any claim, action, or proceeding by you related in any way to the Service be instituted more than one (1) year after the cause of action arose. 

 

Notwithstanding the above, nothing in this Agreement will be deemed to waive, preclude, or otherwise: (a) limit the right to bring an individual (non-class, non-representative) action in small claims court so long as such action remains in small claims court; (b) limit the right to pursue a private attorney general action where arbitration cannot be required under applicable law; (c) limit the right to seek injunctive relief in a court of law; (d) limit the right to file suit in a court of law to address an intellectual property infringement claim; or (e) limit Dapple’s right to file suit to collect unpaid amounts from you.

 

You can choose to reject your agreement to arbitration and your waiver of the right to bring or participate in class or representative actions by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this paragraph. The Opt-Out Notice must be postmarked no later than thirty (30) days after the date you accept these Terms of Service for the first time. You must mail the Opt-Out Notice to Dapple LLC, 4653 Carmel Mountain Rd #308, PMB 1127, San Diego, CA 92130. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and class action waiver and must include your name, address, phone number, and the email address(es) used to register for the Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement and class action waiver. If you opt out of the agreement to arbitrate and the waiver of the right to participate in class and representative actions, none of the arbitration provisions will apply to you and you will not waive your right to engage in class or representative actions, but the remainder of these Terms of Service will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.  Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Arbitration Agreement and did not validly opt out of it.

 

INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Dapple, its parents, subsidiaries, affiliates, officers, agents, partners, and employees from and against any loss, liability, claim, demand, or suit, including reasonable attorney’s fees, resulting from or arising out of (a) any of your acts or omissions, (b) any violation or breach by you of this Agreement,  (c) claims from your employees or Clients, or (d) any claim that any of the Materials, or your use of the Service, violates any law or regulation or any right of any third party, including any right of privacy, or infringes upon any intellectual property rights of any third party.

 

NO THIRD PARTY BENEFICIARIES

 

Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than Dapple and the Farriers, any benefit, right, or remedy.

 

RELATIONSHIP OF THE PARTIES

 

Dapple and Farriers are separate and independent entities, and the employee of one of those entities is not an employee of the other entity. We are not an agent of the Farriers and vice versa. Nothing in these Terms of Service shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, nor hold itself out to any third party as having, any authority to make any statements, representations, or commitments of any kind, or to take any action that will be binding on the other, except as provided herein or authorized in writing by the party to be bound.

 

ENTIRE AGREEMENT

 

These Terms of Service constitute the entire agreement between you and Dapple and supersede all oral and written negotiations, communications, or representations of the parties, whether verbal or in writing, with respect to the subject matter hereof, except as may be provided in a written agreement signed by you and an authorized officer of Dapple. These Terms of Service may not be modified or amended other than by an agreement signed by both parties. No employee, agent, or other representative of Dapple has any authority to bind Dapple with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in these Terms of Service.

 

MISCELLANEOUS

 

If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions. The failure by Dapple to enforce any right or provision of this Agreement will not prevent Dapple from enforcing such right or provision in the future.

 

Dapple shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar disasters.  Dapple may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, any other business combination or restructuring, or by operation of law. Users may not assign their rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without Dapple’s prior written consent. Dapple may send notices pursuant to this Agreement to User’s email and phone number provided by User, and such notices will be deemed received at the time they are sent. It is the User’s obligation to keep User’s contact information up to date. Users may send notice pursuant to this Agreement to the email address below.

 

 

Contact Information

If you have questions or comments about the Service or this Agreement, please contact us at info@letsdapple.com.

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