Terms of Service
Effective: January 1, 2024
1. Acceptance of Terms; Modifications.
These Terms of Service (the “Terms”) are a binding legal agreement between you (‘you,” “your” and “user”) and Stableworx, LLC, a limited liability company formed under the laws of New Jersey (“Stableworx,” “we,” “us” and “our”). These Terms govern your use of our proprietary software applications, and related tools, support and services for owners, equestrians and service providers to find each other, communicate with each other, and arrange for the provision of care services for horses and other common farm animals, riding lessons, horse training, barn repair or maintenance and similar services (collectively, the “Stableworx Service”). These Terms govern all use of the Stableworx Service, whether you access it from our website at https://www.stableworx.com (or any localized version) (the “Site”), our desktop Web application and mobile applications, our social media pages, our online or phone support offerings, or any other access point we make available to you. Our Stableworx
Reservation Protection Policy and other policies applicable to your use of the Stableworx Service are incorporated by reference into these Terms. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR ACCESSING OR USING THE STABLEWORX SERVICE WITHOUT AN ACCOUNT, YOU ACCEPT THESE TERMS WHICH IS AN ELECTRONIC CONTRACT THAT SETS OUT THE LEGALLY BINDING TERMS RELATING TO YOUR USE OF THE STABLEWORX SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE STABLEWORX SERVICE.
You understand and agree that we may change the Terms from time to time, and that any such changes will be effective (except as otherwise described in Section 17.10 below) when we post the modified Terms on the Stableworx Service and/or the Site, unless otherwise required by applicable law. Your continued access to and use of the Stableworx Service after we post the modified Terms will constitute your consent to be bound by the modified Terms.
You represent and warrant to us that you have the legal capacity and full authority to accept and perform the Terms personally or as an authorized representative of your business if applicable.
2. Stableworx Service.
2.1 Nature of the Stableworx Service.
The Stableworx Service consists of a desktop Web application, mobile applications, and other related tools, support and services that people who have their own barn with horses, cattle, goats and other farm animals (collectively, “Animals”) or equestrians who lease a horse or are looking for riding lessons or some other service (collectively, “Clients”) and barn helpers, instructors, trainers and similar service providers (“Service Providers”) can use to find, communicate with and interact with each other. The Stableworx Service includes our support services, educational materials for Service Providers, and other services. We charge fees for some aspects of the Stableworx Service, as described below in Section 9.
2.2 Stableworx does not provide Animal-Related Services.
YOU ACKNOWLEDGE THAT STABLEWORX PROVIDES A TECHNOLOGY PLATFORM FOR SERVICE PROVIDERS AND CLIENTS. Stableworx is not a Service Provider and, except for support and other resources specifically described in the Stableworx Service, does not provide any services related to Animals or otherwise. We make no representations or warranties about the quality of daily drop-in care, overnight farm sitting, riding lessons, equine training, barn repair or maintenance, or any add-on services provided by Service Providers (“Services”), or about your interactions and dealings with other users. Service Providers listed on Stableworx are not under the direction or control of Stableworx, are not employees or contractors of Stableworx and determine at their own discretion how to provide Services. Services are performed by Service Providers as independent contractors to Clients. Though we provide general guidance on our Site or on the Stableworx Service to Service Providers about safety and horse and farm care and to Clients about selecting and engaging Service Providers, Stableworx does not employ, recommend or endorse Service Providers or Clients and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Clients, whether online or offline. We conduct an initial review of Service Provider profiles and we may facilitate Background Checks or Identification Verifications (each as described in Section 10, below) on Service Providers conducted by a third party, but, except where explicitly specified in the Stableworx Service (and then only to the extent specified), do not otherwise screen Service Providers or Clients. You should exercise caution and use your independent judgment before engaging a Service Provider, providing Services, or otherwise interacting with users via the Stableworx Service. Clients and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their Animals, as applicable. For example, each user of the Stableworx Service is responsible for keeping vaccinations current for his or her Animals, and we will have no liability for anyone’s failure to vaccinate his or her Animal.
2.3 Release.
Subject to Section 16 below, you hereby release Stableworx from any and all liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Service Providers and Clients, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
2.4 Transactions are between Clients and Service Providers.
The Stableworx Service may be used to find and offer Services and to facilitate payment, but all transactions conducted via the Stableworx Service are between Clients and Service Providers. Except for the limited refunds and “Reservation Protection'' specified in Section 9.6, you agree that Stableworx has no liability for damages associated with Services (which may include bodily injury to, or death of, Animals or the Service Provider or any damage or destruction of real or personal property) or resulting from any other transactions between users of the Stableworx Service.
2.5 Bookings.
Clients and Service Providers transact with each other on the Stableworx Service when they both agree to a “booking” that specifies the fees, time period or time of service, cancellation policy, and other terms relating to the Services to be performed via the booking mechanism or messaging feature provided on the Stableworx Service (a “Booking”). A Booking may be initiated by either a Service Provider or a Client by selecting the type(s) of Services to be provided and then following the prompts that appear on-screen or through the messaging feature in certain circumstances. If you are a Client and you initiate a Booking, you agree to pay for the Services described in the Booking when you click “Request & Pay” or “Book & Pay.” If you are a Client and a Service Provider initiates a Booking, you agree to pay for the Services described in the Booking when you click “Confirm Payment.” All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as set forth in the Booking confirmation.
2.6 Clients are Solely Responsible for Evaluating Service Providers.
Clients are solely responsible for evaluating the suitability of Service Providers for the services they offer to provide. Please visit the Help Center for guidance about making informed decisions when engaging Service Providers. Though Stableworx performs a limited review of Service Provider profiles and facilitates Service Provider Background Checks or Identity Verifications conducted by a third party or requires Service Providers that are businesses to perform Background Checks or Identity Verifications on its employees or contractors, any such screening is limited, and Stableworx does not guarantee or warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Stableworx does not verify or otherwise endorse reviews of Service Providers by other Clients that may be available via the Stableworx Service, and Stableworx makes no commitments that such reviews are accurate or legitimate.
2.7 Abandoned Animals.
Clients who arrange for Services and fail to return to or retrieve their Animals after the service period identified in a Booking agree that the Service Provider may, in his or her sole discretion,call and transfer care to animal control or other law enforcement authorities. If you are a Client, you authorize your Animal’s veterinarian(s) to release your Animals veterinary records to animal control in connection with any such relocation of your Animal. In addition, you are responsible for and agree to pay all costs and expenses incurred by the Service Provider and/or Stableworx in connection with any actions taken pursuant to this Section 2.7.
2.8 Emergencies.
We recommend that Clients give their Service Providers contact information where they can be reached in the event medical care for the Animal(s) is necessary. Service Providers agree to immediately contact Clients in the event such care becomes necessary or, if the Client is not available, to contact Stableworx at the applicable telephone number or email address listed in the table at the end of these Terms. If you are a Client you hereby authorize your Service Provider and Stableworx to obtain and authorize the provision of veterinary care for your Animal if you cannot be reached to authorize care yourself in an emergency situation. In such a case, you also authorize your Animal’s veterinarian(s) to release your Animal’s veterinary records to Stableworx. If your Service Provider reaches you with a request to authorize medical care for your Animal and you refuse, you release the Service Provider and Stableworx from any injury, damage or liability arising from failure to seek such care. Clients are solely responsible for the costs of any and all such medical treatment for Animals and, if you are a Client, you agree to promptly reimburse Service Provider or Stableworx for such costs. Stableworx recommends that all users have adequate insurance to cover the costs of veterinary care.
2.9 Third Party Consultation Services.
The Stableworx Service may include links to or contact information for third parties who offer veterinary consultation services to Clients and Service Providers via phone, chat, or email as an educational resource for decisions you make about your own Animals or Animals in your care. These consultation services are solely provided by the third party and will be subject to the fees and other terms and conditions of such third parties. These third party services are not a part of the Stableworx Service. If you use these third party consultation services, you should use them only in conjunction with, and not as a substitute for, professional veterinary care. Stableworx does not endorse and is not liable or responsible for any advice you receive during any consultation with the third party consultation service. You agree to resort solely to the applicable third party consultation service in the event of any claims arising from their services.
2.10 Google Maps.
Use of the Stableworx Service requires use of Google Maps features and content, which are subject to the current (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html (including the Acceptable Use Policy at https://cloud.google.com/maps-platform/terms/aup/); and (2) Google Privacy Policy at https://www.google.com/policies/privacy/ (collectively, the "Google Terms"). By using the Stableworx Service, you acknowledge and agree to the Google Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Google Maps features and content may result in your suspension or termination from the Stableworx Service.
3. Certification of Compliance with Applicable Law.
By accessing and using the Stableworx Service, you certify that you (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws, rules and regulations applicable to your activities conducted through, or related to, the Stableworx Service and you are be solely responsible for any violations of such laws, rules or regulations.
For Clients, this means, among other things, that you will ensure that your Animals are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the Animals whose care you entrust to Service Providers (and that such policies will benefit third parties, including Service Providers, to the same extent they benefit you); if applicable, your barn or facility and equipment are in good working order and in compliance with safety standards recognized by the industry; and that, you have posted any signage required by applicable law.
For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Services in the jurisdiction where you provide Services; you possess the knowledge, skill and expertise needed to provide the Services in any Booking you accept; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to legally provide Services; and that, when providing Services, you will comply with applicable laws.
You acknowledge that Stableworx is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations or that a Client’s facilities or equipment is safe and in good working order, and Stableworx will not be liable for a user’s failure to do so.
4. License and Use of the Stableworx Service; Suspension.
4.1 License Grant.
The Stableworx Service is licensed, not sold, to you for use only under these Terms. Subject to your compliance with these Terms, Stableworx and its licensors (if applicable) hereby grant you during the Term a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable, non-assignable license to access and use the Stableworx Service and to install (where applicable) and use the application on a computer or mobile device solely for the purpose of sending service requests, receiving proposals for Services, making payments and using the other features, resources and/or services contained in the Stableworx Service. Any future release, update or other addition to the Stableworx Service shall be governed by these Terms. With respect to any open source or third-party code that may be incorporated in the Stableworx Service, such code is governed by the applicable open source or third-party license, if any, authorizing use of such code. All rights not expressly granted to you are reserved by Stableworx, and its licensors. The foregoing license grant shall immediately terminate and you will delete and fully remove the application from all devices and cease all use of the Stableworx Service in the event that you violate these Terms or your account is otherwise terminated or deactivated.
4.2 Restrictions.
By using the Stableworx Service or the Site, you agree that you will not, and will not permit or authorize third parties, directly or indirectly, to: (i) download, copy, alter, modify, translate, or create derivative works based on the Stableworx Service, the Site or any portion thereof for any purpose whatsoever (except to the extent expressly permitted by Stableworx); (ii) attempt, by de-compilation, reverse-engineering, disassembly, or any other method, to create or derive all or any portion of the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Stableworx Service, the Site or any software, documentation or data related to the Stableworx Service or the Site; (iii) alter or remove any copyright or proprietary rights notice on or within the Stableworx Service or the Site; and (iv) license, sublicense, publish, distribute, disclose, manufacture, sell, market, rent, lease, transfer or otherwise commercially exploit or provide access to the Stableworx Service to any third parties other than users registered to access or use the Stableworx Service. If you make use of the Stableworx Service or the Site, other than as provided herein, in doing so you will be in breach of these Terms and may be in violation of copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
4.3 Your Conduct on the Stableworx Service.
The Site and the Stableworx Service may be used only for lawful purposes. You are responsible for your own communications, including the upload, transmission and posting of information, and the consequences of such postings on or through the Stableworx Service. We may, in our sole discretion and with or without notice, terminate your account if you misuse the Stableworx Service or the Site, or if you violate these Terms including, without limitation, the rules of conduct contained in this section. Stableworx may delete any information provided by you that it deems, in its sole discretion, in violation of these rules of conduct.
When you use the Stableworx Service or the Site, you agree:
- To use the Stableworx Service only in a lawful manner and only for its intended purposes.
- Not to use the Stableworx Service to arrange for the care of: (a) exotic or inherently dangerous animals such as venomous snakes or constrictors, primates, wolves or wolf hybrids, non-domesticated cats, alligators; (b) any animal whose ownership or third-party care is prohibited under applicable law; or (c) any animal that has a history of, or which has been trained for, attacks on animals or people.
- Not to submit viruses or other malicious code to or through the Stableworx Service.
- Not to, intentionally or unintentionally, use the Stableworx Service, or engage with other users of the Stableworx Service, for purposes that violate any applicable local, state, national or international law or any regulations having the force of law.
- Not to use the Stableworx Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Stableworx Service.
- Not to use the Stableworx Service or the Site for purposes of competing with Stableworx, to promote other products or services or to design or build a competitive product or service or a product using similar ideas, features, functions or graphics of the Stableworx Service or the Site.
- Not to post reviews about Service Providers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these Terms.
- Not to post, transmit or upload content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
- Not to post “spam” or other unauthorized commercial communications.
- To use the Stableworx Service only for your own purposes, and not to impersonate any other person.
- Not to transfer or authorize the use of your account for the Stableworx Service by any other person, or to engage in fraudulent transactions.
- Not to provide false information in your profile on, or registration for, the Stableworx Service, or to create multiple or duplicate accounts.
- Not to interfere with our provision of, or any other user’s use of, the Stableworx Service.
- Not to solicit, collect or post another user’s username and password for the Stableworx Service or any other sensitive personal information, including bank details.
- Not to stalk or otherwise harass another user or any of our employees.
- Not to attempt to interfere in any way with the Stableworx Service’s, the Site’s or Stableworx’s networks or network security, or attempting to use the Stableworx Service or the Site to gain unauthorized access to any other computer system.
- Not to create, scrape or display our content for any purpose.
4.4 Term; Suspension and Termination.
(a) Term. These Terms shall commence on the date accepted by you and shall continue until terminated as set forth herein (the “Term”).
(b) Termination and Suspension. You understand and agree that we have no obligation to provide the Stableworx Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Stableworx Service: (1) if in our discretion your conduct on the Site or Stableworx Service is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) if necessary in our discretion to protect Stableworx, its users, Animals, or the public. You may suspend or terminate your use of the Stableworx Service at any time and for any reason. If you wish to deactivate your account, please contact Stableworx. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
(c) Effect of Termination. Upon termination of these Terms, the license granted hereunder shall automatically terminate and you shall immediately cease using the Stableworx Service and delete and, if applicable, fully remove the application from all of your devices. Outstanding payment obligations and other Sections that by their nature should survive termination such as, without limitation, indemnity, intellectual property, releases, limitation of liability and payment of fees, will survive the termination of these Terms.
4.5 Connectivity; Equipment.
You shall be solely and exclusively responsible, at your sole expense, for the acquisition, installation, operation, security and maintenance of the minimum system components and communications services required to access and use the Stableworx Service. Any inability to access or interruption of access to the Stableworx Service due to your failure to procure and maintain the necessary hardware and communications services shall be at your sole and exclusive liability and responsibility and Stableworx shall have no responsibility or liability for the same.
5. Registration; Account Security.
In order to use some aspects of the Stableworx Service, you will be required to create a username, password, and user profile. If you elect to use the Stableworx Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Stableworx suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Stableworx Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account. If you are registering an account on behalf of a business, you represent that you are authorized to open the account and the business will be responsible for ensuring that its employees and/or contractors comply with these Terms.
6. Privacy.
Our collection and use of your personal information with respect to the Site and the Stableworx Service is described in our Privacy Statement. By accessing or using the Site and/or Stableworx Service, you acknowledge that you have read and understand the Privacy Statement and consent to the collection, use and disclosure of your personal information as outlined in the Privacy Statement. Our Privacy Statement is expressly incorporated into and made a part of these Terms by reference.
7. Your Content.
7.1 Your Content.
We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Stableworx Service or otherwise in connection with using the Stableworx Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Content”). For example, Service Providers are invited to create a profile page with a photograph and other information and to transmit photos of the Animals under their care to Clients, while Clients may submit reviews of Service Providers.
7.2 License.
Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant Stableworx an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Stableworx Service, and to sublicense these rights to third parties.
7.3 Release.
If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Stableworx and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about Your Content.
You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose Animals appear in Your Content, and (3) Your Content does not violate any applicable law or these Terms.
7.5 Right to Remove or Screen Your Content.
Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Stableworx Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
7.6 Reviews.
The Stableworx Service may provide the ability to leave public and/or private reviews of users or their Animals. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Statement and that Stableworx has no obligation to preserve or indefinitely store any reviews. If you are a Service Provider, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Stableworx Service, whether before or after termination of your account for the Stableworx Service. We will have no liability to you for any deletion, disclosure, loss or modification of these reviews. We reserve the right to screen, edit or remove these reviews from the Stableworx Service at any time.
8. Phone, Text and Mobile Communications.
8.1 Consent to Autodialed Text Messages
This Section 8.1 applies only to users in the United States. You consent to Stableworx communicating with you about the Stableworx Service by SMS, text message, email and other electronic means, including autodialed text messages containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the Stableworx Service, and you may opt-out of receiving these messages at any time as described in our Privacy Statement (though you may continue to receive messages while Stableworx processes your request).
8.2 Phone Number Changes.
In the event you deactivate a mobile phone number provided to us, you agree to update your Stableworx account information promptly to ensure that messages are not sent to the person who acquires your old number.
9. Fees & Payment.
9.1 Currency.
All fees, deductible amounts and other payments referenced on, or charged through, the Stableworx Service are listed and payable in US Dollars.
9.2 Fees for Clients.
Clients may purchase Services from a Service Provider by completing a Booking as described in Section 2.5. If you are a Client, you enter into a transaction with the Service Provider when you accept a Booking, and you agree to pay the total fees indicated in the Booking. As described in Sections 9.3 and 9.4, the total amount Clients are charged for a Booking may also include a service fee payable to Stableworx for use of the Stableworx Service. Where required by law, the amount charged will also be inclusive of applicable taxes. The Service Provider, not Stableworx, is responsible for performing the Services.
9.3 Fees for Service Providers.
Service Providers may agree to provide Services to a Client by accepting a Booking as described in Section 2.5. If you are a Service Provider, you must confirm the Booking before it expires or the Client will have no obligation to complete the transaction. Once the Booking is completed by both parties, you agree to provide the Services at the time agreed upon and honor the price and other terms set forth in your Booking. The purchase of Services is a transaction between the Client and the Service Provider. Stableworx’s only role is to provide the technology platform in order to facilitate the transaction. We will (either directly or indirectly through an authorized third party) collect payment from the Client at the time of Booking and (except to the extent of any payment hold pursuant to Section 9.6) initiate payment to the Service Provider’s account approximately 48 hours after completion of the service period indicated in the Booking. Service Providers are charged a service fee as described in Section 9.4. Where required by law, the amount charged will also be inclusive of applicable taxes.
9.4 Service Fees.
We charge service fees for some aspects of the Stableworx Service. If you are a Service Provider, except where otherwise specified via the Stableworx Service, our service fee is calculated as a variable percentage of the fees a Client agrees to pay to you in a Booking and is collected from each Booking. If you are a Client, except where otherwise specified via the Stableworx Service, a service fee may be calculated as a variable percentage-based fee in addition to the total fees you agree to pay a Service Provider and is collected from each Booking. Our service fees are described here. Stableworx reserves the right to change the service fees at any time in its sole discretion, and Stableworx will provide you with notice of such change.
9.5 Cancellations & Refunds.
Reservation Protection. As more fully described on Stableworx’s
Reservation Protection Policy, Stableworx can help you find a replacement Service Provider when Service Provider cancels a Booking near the start date of the service period identified in the Booking. The availability of the Reservation Protection depends on the timing of the cancellation, the type of Services provided and the Service Providers available in your area; consult the
Reservation Protection Policy for details.
Cancellations by Service Provider. If a Service Provider cancels a Booking prior to or during the service period identified in the Booking, we will refund the fees paid by the Client for Services not provided, as well as any service charge paid to Stableworx. If you are a Service Provider, you can recommend alternate Service Providers who have active accounts on the Stableworx Service to the Client, but the Booking would need to be canceled and the Client would need to enter into a new Booking with the new Service Provider. If you do not find an alternate Service Provider for cancellations and repeatedly cancel accepted Bookings without justification, Stableworx may terminate your account.
Cancellations by Client. If a Client cancels a Booking prior to or during the service period specified in a Booking, we will refund fees in accordance with the cancellation policy selected by the Service Provider on the Stableworx Service. All Service Providers are required to select a cancellation policy prior to completing a Booking so that Clients are aware of the cancellation policy prior to Booking. For more information about cancellation policies, please visit the Help Center.
Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or Clients that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases Stableworx may, in its reasonable discretion, issue refunds under terms that vary from a Service Provider’s selected cancellation policy.
Refunds for Failure to Perform. If we determine, in our reasonable discretion, that a Service Provider has failed to provide Services as agreed with the Client or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Client.
General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Stableworx Service to do so. For purposes of the policies and terms in this Section 9.5, the date of cancellation is the date that a user cancels through the Stableworx Service, regardless of any separate communications between users outside of the Stableworx Service.
Payment Disputes; Payment Outside of the Stableworx Service. Stableworx initiates payments to Service Providers 48 hours after completion of the service period indicated in a Booking or earlier if the Client marks the Booking as complete in the Stableworx Service. Once these amounts have been disbursed, any further payment disputes are between the Client and Service Provider, and Stableworx has no obligation to mediate or facilitate any resolution. Further, Stableworx has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Stableworx Service.
9.6 Payment Holds.
If you are a Service Provider, Stableworx reserves the right to issue a hold on amounts otherwise payable to you pursuant to Section 9.3 if there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of Stableworx, the Stableworx 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 same circumstances.
9.7 Authorization to Charge.
When booking Services through the Stableworx platform, you will need to furnish us or our chosen third party payment service with accurate and current credit card or payment details. It is important to maintain this payment information (or a suitable alternative payment method) on your account for the duration of any confirmed, outstanding Bookings. Stableworx acts as a facilitator for payments from Clients to Service Providers, operating within the capacity of a limited payment agent for the Service Provider. By agreeing to these terms, you grant us permission to charge your credit card or designated payment method for the fees incurred on the Stableworx platform as they come due. Additionally, we are authorized to charge any alternate payment method stored in your account if your primary payment method is no longer valid, expired, or unable to be charged. Ensuring the accuracy and currency of your payment information is your responsibility. Should we be unable to process fees on time due to outdated or invalid payment information, or if payments are not received by the due date, it is important to recognize that neither Stableworx nor the Service Provider can be held accountable for any resulting inability to render services linked to those fees. Please be aware that, apart from the specific circumstances outlined in these Terms, all fees paid via the Stableworx platform are non-refundable once they have been processed.
9.8 Payment Processing.
For the processing of payments on our online marketplace, we have partnered with Stripe, a third-party payment processing service. By utilizing the Stableworx Service to receive payment, you will be required to create a Stripe account and agree to the Stripe Services Agreement (accessible at https://stripe.com/us/legal) and, if applicable, the Stripe Connected Account Agreement (accessible at https://stripe.com/us/connect-account/legal) (collectively, the "Stripe Terms").
Consequently, you grant Stableworx the necessary authorization to access and perform all essential actions on your Stripe Connected Account, including but not limited to requesting refunds where appropriate. This facilitates the payment-related transactions for the Stableworx Services you purchase or provide.
You acknowledge that the processing of payments in connection with your account will be subject to the Stripe Terms or the terms, conditions and policies of any other third-party payment vendor engaged by Stableworx, and these Terms. We are not responsible for any errors or delays by Stripe, any other third-party payment processing vendor engaged by Stableworx, or your financial institution.
You agree to furnish accurate and complete information about yourself and your business. You are responsible for keeping such information up-to-date at all times. If Stripe cannot process a payment when due because your information is no longer valid, then you understand that neither Stableworx nor the Client will be responsible for any delay or nonpayment associated with those fees. Additionally, you authorize Stableworx to share this information, along with transaction details, with Stripe to facilitate the payment processing services provided by Stripe.
Please note that Stableworx reserves the right to switch payment processing vendors or utilize alternate or backup vendors at its discretion.
9.9 Taxes.
Except for taxes on Stableworx’s income and gross receipts or where Stableworx 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 purchase, provision, or use of Services via the Stableworx Service. This includes, without limitation, any form of sales tax, VAT, or state and federal income tax, unemployment or social security on fees paid or received by you through the Stableworx Service.
9.9 Late Fee; Collection Costs.
In the event that there are unpaid or past due service fees associated with your account, you agree to pay a finance charge of the lesser of 1.5% per month or the maximum amount permitted by law on such outstanding balances, plus all expenses of collection, including reasonable attorneys’ fees and court costs.
10. Background Checks and Identity Verifications.
Stableworx may provide Service Providers with access to third party consumer reporting agencies that perform, among other things, personal identification verification services (“Identity Verification”) or criminal records checks, sex offender registry checks, motor vehicle records checks and/or identification verifications (collectively, “Background Checks”). Outside of the US and Canada, these services are limited to Identity Verification. In the case of a Service Provider that is a business entity, Stableworx relies on the business to provide Background Checks or Identity Verification for each of its employees and contractors who may provide Services via the Stableworx Service. We do not provide, and are not responsible or liable in any manner for, the Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy, timeliness or completeness of any information in the Background Checks or Identity Verifications. We do not independently verify information in the Background Checks or Identity Verifications.
If you undergo a Background Check or Identity Verification via the Stableworx Service, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that Stableworx may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend, terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that Stableworx’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Stableworx reserves the right to suspend or terminate your access to the Stableworx Service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.
Clients remain fully responsible to evaluate and investigate their Service Providers. Be aware of the following limitations in Background Checks: Except as otherwise expressly provided in these Terms or through the Stableworx Service, Stableworx does not automatically run Background Checks on any users. Background Checks may vary by type, breadth and depth. Records not available to third-party Background Check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
11. Copyright Infringement.
Stableworx follows the procedures of the Digital Millennium Copyright Act. We will respond to claims of copyright infringement that are reported in accordance with this Section. It is our policy, in appropriate circumstances, to deactivate or terminate the access of users who repeatedly Ïinfringe 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 Stableworx Service, please provide our designated copyright agent 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 Site 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.
- Our designated copyright agent for notice of copyright infringement can be reached at info@stableworx.com.
12. Third Party Services and Links. The Stableworx Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
13. Indemnity. TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD STABLEWORX AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, LIABILITIES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Stableworx Service; (2) breach of these Terms; (3) disputes with other users of the Stableworx Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third parties caused by your Animals or Animals in your care; (6) Your Content; or (7) your use of any Background Check or Identify Verification information in violation of any applicable law. You further agree that you will cooperate with us in the defense of such claims. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification under this Section including the right to select our own legal counsel to represent our interests and you agree to reimburse Stableworx for all attorneys’ fees and costs immediately upon request as they are incurred. You agree not to settle any such claim or matter without our advance written consent. The obligations described in this Section shall include indemnifying and holding harmless Stableworx from and against losses incurred in enforcing this Section.
14. Intellectual Property.
14.1 Ownership.
Stableworx and its licensors (if applicable) retain sole and exclusive right, title and interest in and to the Stableworx Service, the Site, the technology and software used to provide it, all documentation and content available through the Stableworx Service (other than Your Content), data, metadata, design, text, graphics, organization, compilation, look and feel, the source, object and HTML code and all other protectable intellectual property available through or comprising the Stableworx Service or the Site and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of or created therefrom shall be owned solely and exclusively by Stableworx, or our licensors (if applicable), as shall any and all patent rights, copyrights, trade secret rights, trademark rights, and all other proprietary rights, worldwide therein and thereto. Except for your rights to access and use the Stableworx Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you.
14.2 Stableworx Trademarks.
Stableworx owns all rights in and to its trademarks, service marks, brand names and logos (the “Stableworx Marks”). If you are a Service Provider, Stableworx grants you, for so long as you are in good standing on the Stableworx Service, a limited, revocable, non-exclusive, non-transferable license to use the Stableworx Marks solely:(1) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), made available for purchase via the Stableworx Store, and/or (2) in any other manner specifically authorized in writing via the Stableworx Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Stableworx Marks inures solely to the benefit of Stableworx, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because Stableworx suspends or terminates your rights to use the Stableworx Service.
14.3 Feedback.
You agree that submission of any ideas, suggestions, documents, and/or proposals to us through our suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Stableworx Service and the Site.
15. Disclaimer of Warranties.
The information and materials found on the Stableworx Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Stableworx Service, but not directly by Stableworx, are those of their respective authors, who are solely responsible for such content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STABLEWORX DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION, CONTENT AND MATERIALS ON THE STABLEWORX SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN STABLEWORX; (3) WARRANT THAT YOUR USE OF THE STABLEWORX SERVICE OR THE SITE WILL BE SECURE, FREE FROM COMPUTER VIRUSES OR ANYTHING HARMFUL TO YOUR COMPUTER SYSTEM, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR THAT ANY DEFECTS IN THE STABLEWORX SERVICE WILL BE CORRECTED; (4) WARRANT THAT THE STABLEWORX SERVICE OR THE SITE WILL MEET YOUR REQUIREMENTS OR YOU WILL ACHIEVE ANY SPECIFIC RESULTS FROM USE OF THE STABLEWORX SERVICE OR THE SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STABLEWORX EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WHATSOEVER, WHETHER ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE STABLEWORX SERVICE AND THE SITE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND ACCURACY REGARDING THE STABLEWORX SERVICE, THE SITE AND ALL CONTENT, FUNCTION AND MATERIALS THEREIN. IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS SERVICES VIA THE STABLEWORX SERVICE. THE STABLEWORX SERVICE AND THE SITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, EVEN IF THE LIMITED REMEDY IN THESE TERMS HAS BEEN FOUND TO FAIL ITS ESSENTIAL PURPOSE.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOU USE THE STABLEWORX SERVICE AND THE SITE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM OR ANY OTHER DEVICE IN WHICH YOU ACCESS THE STABLEWORX SERVICE AND THE SITE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE STABLEWORX SERVICE AND THE SITE IS TO STOP USING THEM.
16. Limitation of Liability.
16.1 Exclusion of Certain Types of Damages.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL STABLEWORX OR ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OR FOR ANY BUSINESS LOSSES, OR LOSS OF PROFIT, REVENUE, CONTRACTS, DATA, GOODWILL, BUSINESS INTERRUPTION OR OTHER SIMILAR LOSSES OR EXPENSES (EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES, LOSSES OR EXPENSES) THAT ARISE OUT OF OR RELATE TO: (I) THE USE OF OR INABILITY TO USE THE STABLEWORX SERVICE, INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO ANY INFORMATION RECEIVED FROM THE STABLEWORX SERVICE, REMOVAL OF YOUR PROFILE INFORMATION OR REVIEW (OR OTHER CONTENT) FROM THE STABLEWORX SERVICE, ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE STABLEWORX SERVICE, OR ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF THE STABLEWORX SERVICE; (II) THE ACTIONS OR INACTIONS OF ANY USER YOU CONNECT WITH VIA THE STABLEWORX SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE STABLEWORX SERVICE, THE SITE, THESE TERMS OR ANY OTHER SERVICES PROVIDED BY STABLEWORX. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SYABLEWORX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE OR THAT SUCH DAMAGES ARE FORESEEABLE, AND EVEN WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.2 Limit on Our Liability to You.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL STABLEWORX’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE STABLEWORX SERVICE, THE SITE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO STABLEWORX (SPECIFICALLY EXCLUDING AMOUNTS PAID TO SERVICE PROVIDERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID STABLEWORX FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD.
16.3 No Liability for non-Stableworx Actions.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STABLEWORX BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE STABLEWORX SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE STABLEWORX SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE STABLEWORX SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE STABLEWORX SERVICE IS SOLELY AT YOUR OWN RISK.
IF YOU HAVE A DISPUTE WITH A SERVICE PROVIDER OR CLIENT, YOU AGREE THAT STABLEWORX IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OR THIRD PARTIES, YOU AGREE TO RELEASE STABLEWORX , ITS OFFICERS, EMPLOYEES, AGENTS, AND SUCCESSORS FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND OR NATURE, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND/OR THE STABLEWORX SERVICE. IN NO EVENT WILL STABLEWORX BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A CLIENT OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor."
16.4 This Section 16 limits our liability and reflects an informed voluntary allocation of risk; such allocation represents a material part of these Terms. You agree that the limitations of liabilities set out in these Terms are fair and reasonable in the circumstances.
17. Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH STABLEWORX AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. IF YOU RESIDE WITHIN THE EUROPEAN ECONOMIC AREA, THIS SECTION APPLIES ONLY TO BUSINESS CUSTOMERS (NOT “CONSUMERS”).
17.1 Arbitration Agreement; Claims. This Section 17 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you and Stableworx (together, the “Parties”) agree that any and all disputes or claims that arise between you and Stableworx relating to the Stableworx Service, interactions with others on the Stableworx Service, and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 4.1, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
17.2 Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 17.9 below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
17.3 Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND STABLEWORX AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 17.9 BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) 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 STABLEWORX AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR 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 ARBITRATOR 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 STABLEWORX SERVICE USERS.
17.4 Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at
info@stableworx.com. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
17.5 Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted in English by a neutral arbitrator in accordance with your choice of the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) or the Rules of the International Center for Dispute Resolution (the “ICDR Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration, and the ICDR Rules are available at https://www.icdr.org/rules_forms_fees, and both Rules are incorporated in these Terms by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 16. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in Hunterdon county, New Jersey or at another mutually agreed location. If the value of the relief sought is $5,000 USD (or equivalent in local currency) or less, you or Stableworx may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Stableworx subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Stableworx, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New Jersey, United States, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Stableworx users, but is bound by rulings in prior arbitrations involving the same Stableworx user to the extent required by applicable law. As limited by applicable law, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
17.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and Stableworx, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Stableworx will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Stableworx will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Stableworx for all fees associated with the arbitration paid by Stableworx on your behalf that you otherwise would be obligated to pay under the JAMS or ICDR Rules.
17.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all Parties.
17.8 Severability. If any term, clause or provision of this Section 17 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 17 will remain valid and enforceable.
17.9 Opt-Out Procedure. You can choose to reject this Arbitration Agreement by e-mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section
17.9. The Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. You must mail the Opt-Out Notice to Stableworx, LLC., Attn: info@stableworx.com. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the Stableworx 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. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms 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. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 18.
17.10 Future Changes to this Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Stableworx prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Stableworx Service or to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Stableworx prior to the effective date of removal.
18. Governing Law and Jurisdiction.
18.1 These Terms, and any dispute between you and Stableworx, will be governed by the laws of the State of New Jersey, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 17 (the Arbitration Agreement). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Stableworx must be resolved exclusively by a state or federal court located in the State of New Jersey. You and Stableworx agree to submit to the personal jurisdiction of the courts located within New Jersey for the purpose of litigating all such claims or disputes.
19. Miscellaneous. Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other party. Neither party will have, or 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 for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Service Providers from offering Services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. You may not assign your rights or obligations under these Terms to anyone without our prior written consent. We may assign our rights and obligations under these Terms. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. The subject headings of the sections in these Terms are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions.
For questions or concerns about the Stableworx Service or these Terms, please refer to the Stableworx
Help Center, or contact us at
info@stableworx.com.
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