TERMS OF SERVICE
This mobile application (the “App”) is operated by El Cavalho by Carolina LLC, a New York Limited Liability Company. Throughout the App, the terms “we”, “us” and “our” refer to El Cavalho by Carolina LLC. We offer this App, including all information, tools and services available from this App to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By using our App, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the App, including without limitation users who are browsers, riders, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our App. By accessing or using any part of the App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
SECTION 1 – OVERVIEW
The WalkPRO App contains features that enables equestrian riders to calculate strides on equestrian courses. As the platform provider, we do not own, provide, control, manage, insure, or supply any properties or courses listed on the App. Course owners, riders, other App Users, and third-party GPS services may be responsible for the content featured on the App. We are not an agent in any capacity for these parties or any other contributor or third party.
SECTION 2 – CREATING A WALKPRO PROFILE
Creating a profile will allow you to login to the App and gain access to additional features such as the ability to upload content, save stride information, view rider profiles and other features. Creating a profile may require you to provide personal information including your name, email address, password and photograph. You can update, modify, or delete the information in your profile at any time. It is your responsibility to maintain your account and keep it secure. If you feel that your account security has been compromised please contact us immediately.
SECTION 3 – GENERAL CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this App. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information when purchasing the App), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the App through which the service is provided, without express written permission by us. The headings used in this Agreement are included for convenience only and will not limit or affect these Terms.
We reserve the right, but are not obligated, to limit our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any product or service made on this App is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 4 – ACCURACY, COMPLETENESS OF INFORMATION
We are not responsible if information made available on this App is not accurate, complete or current. The material on this App is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this App is at your own risk. This App may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this App at any time, but we have no obligation to update any information on our App. You agree that it is your responsibility to monitor changes to our App.
SECTION 5 – MODIFICATIONS
Any new features or tools which are added to the App shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our App. It is your responsibility to check this page periodically for changes. Your continued use of or access to the App following the posting of any changes constitutes acceptance of those changes.
SECTION 6 – INSURANCE
You agree that you or your minor dependent carries an appropriate amount of insurance for riders participating in equestrian sports. We do not insure any riders, courses, or any person or property featured on the App. The User assumes all liabilities with regard to injuries, insurance and participation in equestrian sports.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the App is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this App may direct you to third-party Apps or websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Apps, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Apps. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related App. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our App or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions or offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related App is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related App, should be taken to indicate that all information in the Service or on any related App has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related App, other Apps, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related App, other Apps, or the Internet. We reserve the right to terminate your use of the Service or any related App for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall our company, directors, owners, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless El Cavalho by Carolina LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by us. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this App or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.
SECTION 19 – INTELLECTUAL PROPERTY
El Cavalho by Carolina and WalkPRO are registered trademarks of El Cavalho by Carolina LLC. You may use our trademarks to identify our products and services so long as your use of our trademarks complies with these Terms and you agree not to use our trademarks in any manner that infringes upon our intellectual property rights.
The content on this App is copyrighted and protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this App solely for your personal and non-commercial use. No right, title or interest in any of the materials contained on this App is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this App, create derivative works from, use on any other App, transfer or sell any information obtained from this App without our prior written permission.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our App. It is your responsibility to check our App periodically for changes. Your continued use of or access to our App or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us by email.
PERSONAL INFORMATION WE COLLECT
HOW DO WE USE YOUR PERSONAL INFORMATION
We use the Information that we collect to provide our services, to improve our services over time, to screen for potential risk and fraud, to assess the success of our marketing and advertising campaigns, and generally to improve and optimize our App.
SHARING YOUR PERSONAL INFORMATION
We may share your Personal Information with third parties for the purposes described above. For example, we may use analytic tools to help us understand how our customers use the App. We may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
As described above, we may use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us by email.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the App), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
When you submit Personal Information, we may maintain it for our records unless and until you ask us to delete this information.
For more information about our privacy practices please contact us by email.