Terms and Conditions

Last Updated: OCTOBER, 2020

Your use of www.superiorequinenutrition.com or www.superiorequinenutrition.ca (the “Site”) and the information, content, and services provided by SUPERIOR EQUINE HEALTH AND NUTRITION INC., and, FEED MY HORSE™ EQUINE NUTRITION SOFTWARE (“Company”; “we”, “our”), its affiliates, and other third parties through the Site (collectively together with the Site, the “Services”) is subject to and governed by these Terms of Service (the “Terms”). These Terms also include our Privacy Policy.  By accessing or using the Services, you are also agreeing to the Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.  BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, WHICH MAY CHANGE FROM TIME TO TIME AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OR ACCESS THE SERVICES.

Company reserves the right, at any time and for any reason, to modify or discontinue the Services, in whole or in part, or to modify or add to these Terms, or to add additional terms. To the extent any additional terms conflict with these Terms, the additional terms will apply to the extent of the conflict. Modification to these Terms will be effective immediately upon notice, either by posting on our Site or by e-mail notification. It is your responsibility to review the Terms from time to time for any changes or additional terms. When you access and use of any of the Services following any modification, you accept the modified Terms. If you object to any modification, immediately discontinue use of our Services.

Intellectual Property

The Services, and the data, text, images, graphics, video, audio, and other materials that are accessible, created, provided, or otherwise made available as part of or in connection with the Services (collectively, “Content”) are protected by Canadian and international copyright and other intellectual property laws, and are the exclusive property of Company or its licensors.  Except as may be specifically authorized by or through the Services, you agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or the Content.

Limited Rights

Subject to these Terms and upon payment of any applicable fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the Content, and (2) access and use the Services.  When using our Services, you agree: (i) to comply with all applicable federal, provincial, state, and local laws; (ii) not to use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Content, the Services or any part thereof, except as specifically permitted by these Terms; (iii) not to circumvent, disable or otherwise interfere with security-related features of the Services, including any features that prevent or restrict use or copying of any content or enforce limitations on the use of our Services or Content; (iv) not to use a bot, spider, or other automatic or manual device or process to copy our Site or Content for any purpose; (v) not to collect any user names, passwords, email addresses or other information from our Services; and (vi) not to use, display, mirror or frame the Services or any part thereof, or any Content.

 

Account Information

You are responsible for all activity that occurs in association with your account.  You are responsible for maintaining the confidentiality of your account credentials, including user IDs and passwords, and any damages caused by your failure to do so.

Use of Services

Company provides the Services for educational and promotional purposes only. You may not rely on any information, advice or opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Services. Under no circumstances will Company be liable for any loss or damage caused by your reliance on the Services.

Third Party Links

In some instances, the Services may include content posted by a third party or will represent the opinions and judgments of a third party. We do not endorse or warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made through the Services by any third party.

Our Services may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third party websites. You assume sole responsibility for your use of third party links. We are not responsible for any content posted on third party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third party or their website.

Indemnity

You hereby agree to indemnify and hold harmless Company and its officers, directors, employees, partners, agents, licensors, distributors, affiliates, and their related companies against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable legal fees) arising out of, related to, or that may arise in connection with: your access to or use of our Services; content provided by you; any actual or alleged violation or breach by you of these Terms; any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or your acts or omissions.

Disclaimer

YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. EXCEPT AS MAY BE EXPRESSLY PROVIDED HEREIN, THE SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AND TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, DISTRIBUTORS AND AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING: REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE SERVICES; TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR SERVICES OR ACCESSED THROUGH OUR SERVICES; WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES; WARRANTIES THAT YOUR USE OF THE SERVICES WILL BE SECURE OR UNINTERRUPTED; AND WARRANTIES THAT ERRORS IN SERVICES WILL BE CORRECTED.

INDIVIDUAL RESULTS FROM THE USE OF THIS SOFTWARE MAY VARY DUE TO MANAGEMENT, ENVIRONMENTAL, GENETIC, HEALTH AND SANITATION DIFFERENCES.  THEREFORE COMPANY DOES NOT WARRANT OR GUARANTEE INDIVIDUAL RESULTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, LICENSORS, DISTRIBUTORS, OR AFFILIATES BE LIABLE FOR LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THESE TERMS.

IN NO EVENT WILL COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO COMPANY FOR USE OF THE SERVICES. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF SERVICES OR PRODUCTS RECEIVED OR ADVERTISED IN CONNECTION WITH ANY OF OUR SERVICES OR ANY LINKS ON OUR SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH ANY OF THE SERVICES OR LINKS IN ANY SERVICES.

Termination

We reserve the right, in our sole discretion and at any time, to terminate or suspend your use of, or access to, our Services for any reason including your failure to comply with these Terms. You agree that Company shall not be liable to you or any third party for any termination or suspension of your use, or for blocking your access to our Services.

Governing Law; Jurisdiction

These Terms shall be construed in accordance with the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws.  You submit to the exclusive jurisdiction of the courts of Ontario in event of any claim against Company relating to the Services.

General

If any provision of these terms is held to be invalid or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. These Terms, including the Privacy Policy, constitute the entire agreement of the parties with respect to this subject matter. We may assign these Terms or any rights hereunder without your consent and without notice. You may not assign these Terms or assign any rights or delegate any obligations hereunder without our prior written consent.

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