HorseAlert Terms and Conditions

These Terms of Use (the “Agreement”) govern Your use of the HorseAlert application and services available at www.horsealert.org (“Evac App”) provided by Colorado Horse Rescue (“CHR” “Us” “We” and “Our”). By accessing the Evac App, creating an account, volunteering assistance or services, requesting assistance, uploading information, or otherwise interacting with the Evac App and website, You agree that these Terms of Use form a binding agreement between You and CHR.

This Agreement was last updated on November 9, 2023.

1. DEFINITIONS

“Users” means individuals who access the Evac App, including Owners, Driver Volunteers, and their authorized agents.

“You” or “Your” means, as applicable, you or the legal entity for which you are accepting this Agreement, and affiliates of that entity, as applicable.

“User Data” means the data or information submitted by You to, by, or through, the Evac App.

“Owners” means the horse owners, or stable managers or operators (or similar persons) on behalf of such horse owners who sign-up and create accounts to request volunteer assistance or information.

“Driver Volunteers” means the persons or entities that sign-up and create accounts in order to offer volunteer driving, transportation, and similar assistance to Owners.

2. USERS

2.1 User Data.

If You sign up for an Owner, Driver Volunteer, or similar account through the Evac App, You hereby represent, warrant, and agree that: (i) all of the information provided to CHR in Your account, including but not limited to any information concerning You, Your address, Your horses, the condition of Your property, vehicles, any conditions related to access Your property, and any other information You upload to or communicate through the Evac App is true, complete, and accurate, (ii) You will promptly update or correct in Your account, or notify CHR, of any changes or inaccuracies in the foregoing information You identify in the Evac App, (iii) CHR may modify, restrict, or suspend, in any manner, and for any or no reason, Your access to the Evac App, including the ability to request or volunteer assistance and related functionality of the Evac App, and (iv) You will not upload any User Data to the Evac App that is illegal, offensive, false, or misleading.

You should only provide User Data that You have the right to share and are comfortable sharing with others, You agree not to upload, post, or otherwise transmit any User Data to or through the Evac App that infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person; or that is unlawful, libelous, defamatory, obscene, pornographic, or profane, or that could constitute or encourage conduct that would be considered a criminal offense. If You violate, or are suspected of violating these requirements, we reserve the right to remove any and all of Your User Data.

2.2 Accounts

If You sign-up for and/or create an account for the Evac App, You agree that You are solely responsible for the activity that occurs on Your account. You agree that as the account holder You are the only person authorized to access and use the account, and that You will implement and maintain reasonable practices and procedures necessary to restrict unauthorized access and use of the account. You agree that You will implement reasonable security procedures including maintaining strong passwords, exercising caution in public places, and not providing access to the account to any unauthorized persons. You agree that CHR has no liability for, and that the indemnification set forth in this Agreement applies to, any unauthorized access that results from Your violation of these terms or Your failure to implement and maintain reasonable practices and procedures to prevent such unauthorized access.

2.3 Requesting or Offering Assistance.

You agree only to request assistance for emergencies requiring the immediate evacuation of Your horses, and not for any other reasons, including regular transportation or for any other animals (or people), in each case as provided in the usage guidelines and procedures made available through the Evac App. You agree to follow the usage guidelines and procedures made available by CHR on its website and in its FAQ concerning the use of the Evac App, including but not limited to, only making approved requests and not double-booking Driver Volunteers.

The Evac App allows for the communication and sharing of information between Owners and Driver Volunteers. When interacting with Driver Volunteers or other Users, You must exercise caution and common sense to protect Your personal safety and property, just as You would when interacting with other persons that You don’t know. Each User should undertake his or her own research to be satisfied that a Driver Volunteer is suitable to provide the assistance that You are requesting or that it is safe for You to provide any assistance to an Owner you are offering.

BY AGREEING TO BE A DRIVER VOLUNTEER OR OTHERWISE VOLUNTEERING ANY SERVICES OR ASSISTANCE YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE SUFFICIENT SKILLS, EQUIPMENT, AND EXPERIENCE TO PERFORM THE OFFERED ASSISTANCE SAFELY AND CORRECTLY.

OWNERS AND DRIVER VOLUNTEERS ARE SOLEY RESPONSIBLE FOR ENSURING THEY HAVE ANY NECESSARY AND ADEQUATE INSURANCE COVERAGE FOR THEIR HORSES, PROPERTY, VEHICLES, AND ACTIVITIES OF ANY KIND.

Although the Evac App may allow Owners and Driver Volunteers to connect through the Evac App, Owners and Driver Volunteers are responsible for communicating with each other through personal means of communication off of the Evac App, including personal mobile devices and telephone communications. Users are not guaranteed any the ability to make any communications or contacts through the Evac App, and should ensure they are capable of communicating with any other Users they may be connected to through personal means of communication.

2.4. Acquisition of Third-Party Products and the Evac App.

Any acquisition by You of third-party products or services, including but not limited to services from Driver Volunteers listed in the Evac App, and any exchange of data between You and any third-party (including other Users), is solely between You and the applicable third-party. We do not warrant or support third-party products or services, whether or not they are designated by Us or listed in the Evac App or otherwise. Engaging the services or assistance of any person listed in the Evac App is at Your own risk and without representation or warranty by CHR.

3. PHYSICAL SAFETY AND SECURITY

3.1 No Reliance.

CHR DOES NOT EVALUATE OR VERIFY ANY INFORMATION SUBMITTED BY ITS USERS OR ANY OTHER USER DATA, INCLUDING BUT NOT LIMITED TO, ADDRESSES, HORSE INFORMATION, CONDITION OF PROPERTY OR VEHICLES, OR CONDITIONS OF ACCESS ROADS TO PROPERTY. YOU HEREBY AGREE THAT USING THE EVAC APP, INCLUDING BUT NOT LIMITED FOR VOLUNTEERING OR REQUESTING ANY ASSISTANCE, IS AT YOUR OWN RISK, AND WITHOUT WARRANTY OR GUARANTEE FROM CHR OF ANY KIND.

3.2 YIELD TO LAW ENFORCEMENT AND EMERGENCY PERSONNEL.

YOU HEREBY AGREE TO YIELD TO AND FOLLOW ALL LAWFUL INSTRUCTIONS OF ANY LAW ENFORCEMENT OR EMERGENCY PERSONNEL OF ANY KIND THAT YOU ENCOUNTER WHILE OFFERING OR REQUESTING ASSISTANCE THROUGH THE EVAC APP.

3.3 Electronic Communications.

Electronic products and communications services can and do experience errors, malfunction and failure. Use of the Evac App requires an internet connection and may result in charges from Your cellular service provider. We are not responsible for any such charges. YOU ARE RESPONSIBLE TO OBTAIN CELLULAR AND INTERNET SERVICE NECESSARY TO USE THE EVAC APP. CHR DOES NOT WARRANT OR GUARANTEE THAT EVAC APP FUNCTIONALITY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE. CHR IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF YOUR CELLULAR COMMUNICATION OR INTERNET SERVICE PROVIDERS, OR UNAVAILABILITY OR ERRORS ASSOCIATED WITH THEIR SYSTEMS OR SERVICES.

4. PROPRIETARY RIGHTS; GENERAL LIMITATIONS ON USE

4.1. Your Responsibilities.

You shall (i) be solely responsible for the accuracy, quality, integrity, and legality of User Data and of the means by which You acquired User Data, (ii) use commercially reasonable efforts to prevent unauthorized access to or use of the Evac App and notify Us promptly of any such unauthorized access or use, and (iii) use the Evac App only in accordance with this Agreement and all applicable laws and government regulations. You shall not (a) sell, resell, rent or lease the Evac App, (b) use the Evac App to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third-party privacy rights, (c) use the Evac App to store or transmit malicious code, (d) interfere with or disrupt the integrity or performance of the Evac App, or (e) attempt to gain unauthorized access to the Evac App, or any related systems or networks.

4.2. Usage Limitations.

The Evac App may be subject to other limitations as We may specify from time to time.

4.3 Modification of the Evac App.

We reserve the right, at any time, to modify, suspend, or discontinue the Evac App (in whole or in part) with or without notice to You. You agree that We will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Evac App or any part thereof.

4.4 Intellectual Property.

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, on, incorporated in, or related to the Evac App are owned by Us or Our suppliers, partners, or affiliates. Neither this Agreement (nor Your access to the Evac App) transfers to You or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. There are no implied licenses granted under this Agreement.

4.5 Grant of License.

You hereby grant to Us a perpetual, world-wide, royalty-free, sublicensable right and license to use User Data and any and all other information submitted by You to the Evac App. You represent and warrant that You have the right to share User Data and any information provided to the Evac App, including under any applicable laws. You hereby represent and warrant that User Data and any other information You provide to the Evac App does not infringe, misappropriate, or otherwise violate any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person.

4.6 Suggestions.

We shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Evac App any suggestions, enhancement requests, recommendations or other feedback provided by You, relating to the operation of the Evac App.

5. INFORMATION, NEWS, AND PRESS RELEASES

The Evac App contains information, blogs, and/or press releases about CHR, the Evac App, and other news or events. While this information was believed to be accurate as of the date it was prepared, CHR disclaims any representation or warranty as to the reliability, accuracy, completeness or timeliness of and any duty or obligation to update this information, news, or any press releases.

6. COMMUNICATIONS FROM CHR

We may contact You by email, telephone, text message or otherwise, in order to send You Evac App or CHR-related, and other communications or notices. While certain communications are required for Users of the Evac App, if You do not want to receive any marketing communications from Us, You may opt-out by following the opt-out and/or unsubscribe instructions in the message (if included), by deleting Your Evac App account, or by requesting to be opted-out of further marketing communications by emailing info@horsealert.org.

7. DISCLAIMERS.

YOU EXPRESSLY AGREE THAT USE OF THE EVAC APP, INCLUDING RECEIVING OR OFFERING ANY SERVICES OR ASSISTANCE THROUGH THE EVAC APP, IS SOLELY AT YOUR OWN RISK. THE EVAC APP IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE EVAC APP, INCLUDING ANY INFORMATION REGARDING THE LOCATION, CONDITION, SAFETY, OR ACCESSIBILITY OF ANY PROPERTY OR VEHICLES, THE CARE OR BEHAVIOR OF HORSES, OR THE QUALIFICATIONS OR SUITABILITY OF ANY DRIVER VOLUNTEERS OR OTHER USERS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE EVAC APP, AND ANY INFORMATION AVAILABLE THEREIN IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE EVAC APP WILL BE UNINTERRUPTED OR ERROR-FREE.

8. INDEMNIFICATION

You shall defend and hold harmless Us and Our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim, demand, or action made or brought against Us by a third party arising out of Your use of the Evac App, breach of this Agreement, or Your violation of any law or rights of a third-party.

9. LIMITATION OF LIABILITY

9.1. Waiver of Damages.

IN NO CASE SHALL CHR, OUR AFFILIATES, OFFICERS, DIRECTORS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS OR EMPLOYEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION PHYSICAL INJURY OR INJURY TO PROPERTY, LOST PROFITS, LOST REVENUE, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE EVAC APP, ANY VOLUNTEER SERVICES YOU OFFER OR RECEIVE THROUGH THE EVAC APP, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE EVAC APP, 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 EVAC APP OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE EVAC APP, 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.

EXCEPT FOR DAMAGES OR CLAIMS ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, YOU HEREBY WAIVE ANY AND ALL CLAIMS FOR ANY INJURY, LOSS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION PHYSICAL INJURY OR INJURY TO PROPERTY, LOST PROFITS, LOST REVENUE, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AGAINST ANY OTHER USER ARISING FROM ANY VOLUNTEER SERVICES YOU OFFER OR RECEIVE THROUGH THE EVAC APP. 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, SUCH OTHER USER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU HEREBY ACKNOWLEDGE THAT ANY OTHER USER PROVIDING OR RECEIVING VOLUNTEER SERVICES THROUGH THE EVAC APP IS AN INTENDED THIRD PARTY BENEFICIARY OF THIS SECTION 9.1.

9.2 Maximum Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, OR YOUR USE OF THE EVAC APP, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $100. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

10. TERM AND TERMINATION

10.1. Term of Agreement.

This Agreement commences on the date You access the Evac App and continues until any account You have with Us is closed. We may terminate this Agreement for any reason or no reason effective immediately with notice to You.

10.2. Surviving Provisions.

Section 4.6 (Grant of License), Section 4.7 (Suggestions), Section 7 (Disclaimer), Section 8 (Indemnification), Section 9 (Limitation of Liability), Section 11 (Notices, Governing Law and Jurisdiction) and Section 12 (General Provisions) shall survive any termination or expiration of this Agreement.

11. NOTICES, GOVERNING LAW AND JURISDICTION

11.1. Notice.

Except as otherwise specified in this Agreement, all notices, permissions, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Notices to You shall be addressed to contact information provided by You in the Evac App.

11.2. Governing Law and Jurisdiction.

Each party agrees that this Agreement shall be governed by the laws of the State of Colorado, without regard to choice or conflicts of law rules, and subject to Section 11.3 (Arbitration), to the exclusive jurisdiction of the state and federal courts in Denver, Colorado USA.

11.3. Arbitration.

Any dispute between You and Us, Our agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to this Agreement and its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in accordance with the rules of the American Arbitration Association by a single arbitrator appointed in accordance with said rules. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. We will provide such notice by e-mail to Your e-mail address on file with Us and You must provide such notice by e-mail to info@horsealert.org.

During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will apply applicable law and the provisions of this Agreement and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The parties agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Us nor You are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found illegal or unenforceable, the remaining arbitration terms shall continue to be fully valid, binding, and enforceable (but in no case will there be a class, representative or private attorney general arbitration).

12. GENERAL PROVISIONS

12.1. Export Compliance.

Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Evac App. Without limiting the foregoing, (i) each party represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, and (ii) You shall not permit Users to access or use the Evac App in violation of any U.S. export embargo, prohibition, or restriction.

12.2. Relationship of the Parties.

The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.

12.3. No Third-Party Beneficiaries.

There are no third-party beneficiaries to this Agreement.

12.4. Waiver and Cumulative Remedies.

No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.

12.5. Severability.

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

12.6. Attorney Fees.

You shall pay on demand all of Our reasonable attorney fees and other costs incurred by Us in connection with a proceeding brought in which it is determined that You have breached this Agreement.

12.7. Assignment.

You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of CHR. CHR may freely assign this Agreement. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors, and permitted assigns.

12.8. Entire Agreement; Modification.

This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. We may revise and update this Agreement at any time, in Our sole discretion. Your continued use of the Evac App after any changes to this Agreement will mean You accept those changes.