User Agreement “Terms of Use”

STRIDER provides an online bookings platform and standalone digital services – such as digital signature software that connects sellers and buyers seeking to sell and buy entries, related passes, and/or services for equestrian related activities (“Tickets”).  Our innovative technology link buyers and sellers throughout the industry. By accessing or using any of our Services, you agree to be bound by this STRIDER User Agreement (“User Agreement”) and all posted policies that govern access to or use of our services, which include but are not limited to our Privacy AgreementPosting Rules, our Payment Processing Agreement for our StriderPay Service, our StriderPlus Agreement for our digital waiver collection service, and other Policies applicable. Collectively all policies that apply to your use of the STRIDER Services are incorporated by reference into this Agreement and are referenced as our “Terms of Use” .

These Terms constitute a legally binding agreement (“Agreement”) between you and STRIDER (as defined below) governing your access to and use of the STRIDER application, our website, including any subdomains thereof, and any other websites through which STRIDER makes its services available (collectively, “Site”), any mobile, applications, and application program interfaces (collectively, “Application”) and all associated software services (collectively, “STRIDER Services”). These terms apply to all users who access or use our services, regardless if you have created an account on Strider or not.  If you are the holder of a PayPal account that receives funds via our StriderPay service, you are considered a Strider user and these terms apply

Users are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their activity listings or purchases made through the platform, or use of STRIDER services.  STRIDER does not organize, supply, provide, endorse, sponsor, manufacture, or guarantee any of the activities, experiences, professional services or items sold through our Services.

The activities, services and experiences on the Strider platform are listed and sold directly by independent sellers.  STRIDER cannot and does not make any warranties about their quality, safety, or even their legality.   If you have questions about how federal or local laws or regulations apply to your use of Strider services, you should always seek legal guidance.

We may periodically make changes to this User Agreement and shall notify you by posting a revised version on our Site and emailing you at your registered email address or otherwise notifying you via our Site.  The revised User Agreement will become effective immediately following such notice and your continued use of our Site and Services will constitute acceptance of the revised User Agreement.

FOR ALL USERS RESIDING IN THE UNITED STATES, PLEASE BE ADVISED:  THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, UNLESS YOU OPT-OUT. UNLESS YOU OPT OUT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST STRIDER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS USER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

Your Account

In order to list or sell Tickets you must register an account (“Account”) with STRIDER and you must accept sole responsibility for collection and remittance of any applicable sales, use, or marketplace taxes.

You are solely responsible for any activity relating to your Account. Your Account is not transferable to another party.

You must be at least 18 years old and must be able to enter into legally binding contracts.
• You must read and acknowledge our User Posting Agreement
• If you are registering with STRIDER for a business entity, you represent that you have the authority to legally bind that entity.
• You must provide complete and accurate contact information. If your contact or payout information changes at any time, you must promptly update your details in your Account. STRIDER reserves the right to temporarily or permanently suspend Accounts with incomplete or inaccurate information.

You are solely responsible for maintaining the confidentiality of your Account information and password.

If you decide to accept funds through our STRIDER Payment Service, you must apply for and meet all the prerequisites for use of our StriderPay™ service.  This includes accepting the terms of our STRIDER Payment Processing Agreement, and providing us with a validated PayPal Business account (“Payout Method”). We are not responsible for any delays in payouts at any time nor we will accept any liability for business damages due to delayed payouts.

Taxes

Users that decide to sell on STRIDER are responsible for determining whether any taxes are due on your sale of a Ticket, and for collecting and remitting such taxes.  As a User you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable e-marketplace tax, local or state, VAT or other indirect sales taxes, or income taxes (“Taxes”).

If you are a User posting activities or services for purchase on Strider
You are personally responsible for complying with any required licenses, permits, taxes, or registrations associated with for any listing or Services they offer or purchase.

Any applicable taxes must be included in the Sales Price of your Ticket. -You agree that any listed price or fee shall be inclusive of any taxes you are required to remit to any authority, which may include sales & use tax or am e-marketplace tax in specific jurisdictions.

You agree to assume full responsibility for the collection and remittance of tax on sales made through Strider platform or digital services and expressively understand that such taxes are NOT collected or paid on your behalf through Strider services. It is your responsibility to collect and remit any tax payment to the appropriate entities.

-You agree to register as warranted with your State’s Department of Revenue to collect sales and use taxes, e-marketplace taxes, or certify that the business entity you represent is properly registered.

Tax regulations may require us to collect appropriate Tax information from Users.

If a User fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

You agree STRIDER may provide (without notice to You) information to the relevant tax authorities related to payouts you receive from us and further authorize STRIDER to release that information to the relevant tax authorities.

You are required to have a Validated PayPal Business Account in good standing to use STRIDER Payment Services which includes StriderPay.  You additionally understand that PayPal will report the proceeds deposited in any PayPal account to the IRS as per the PayPal user agreement. You must ensure the accurate identification of EIN or sole proprietorship tax information in any electronic funds account that may be subject to such taxes, such as a PayPal Business level account.

Your Content

 Content that you post or upload to our services using our Services is your content (so let’s refer to it as “Your Content”).

Your use of our Services must comply with our Acceptable Use & Copyright Policy.  This includes documents  or images posted by Users acting as buyers or as sellers.

Copyrights

You are solely responsible for your content including images, claims, text, audio or other materials that you submit. 
Your Content may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

You represent and warrant that your Content:
 (a) is owned by you or you control all necessary rights to it;
 (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights;
(c) is accurate, not obscene, false, libelous or defamatory; and
(d) will not cause injury to any person, entity or system.

You will indemnify STRIDER for any and all claims resulting from your Content, which includes any copyright infringement claims lodged directly with our cloud services providers.  We reserve the right you charge a flat $400 fee plus labor costs of $125/hour to review or reply to AWS Abuse Reports lodged against your content, in addition to any legal costs incurred.

 STRIDER has the right but not the obligation to monitor, edit or remove your Content. User Content is non-confidential and STRIDER will not be liable for its use or disclosure.

By submitting Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. This includes cross promotion on third party media websites that we may partner with from time to time.

You grant STRIDER the right to use your name or image in association with your Content, if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.

Fraud/Deceptive Claims
Through use of the STRIDER platform, you further understand and acknowledge that the Federal Trade Commission Act prohibits unfair or deceptive advertising in any medium.  You, the User, are responsible for claims make about any products and services via the use of your Strider account.

In our effort to protect our Buyers and Users we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your listing is removed or transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your Account or listing, in our sole discretion.

Third-Party Services.
We may provide, or third parties may provide, links to other third-party websites, services, or resources that that we don’t own or control (for example, links to venues, Facebook, Youtube, and Pinterest).

 You may also need to use a third party’s product or service in order to use some of our Services (like a partner scoring service or digital signature service). When you access these third-party services, you do so at your own risk.  

We make no representations as to the quality, suitability, functionality, or legality of any third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such services.

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or links to third-party websites or resources on the Site.

The third parties may require you to accept their own terms of use. STRIDER is not a party to those agreements; they are solely between you and the third party.

Items You Purchase or Access.
We make no representations concerning any content posted by users through the Services. As a User, you hereby release STRIDER from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items or services that result in physical injury or death (like falling off a horse or being hit with a polo ball)

STRIDER is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services.

Ticket Sales

As a user-controlled platform, STRIDER does not own the Tickets sold on the Site.
The User (and not STRIDER) sets the prices for the Tickets.   When listing an activity, you must set a price for which you are willing to sell the space/Ticket (“Sales Price”).

By listing a Ticket for sale, you are making a binding offer to sell that Ticket to a Buyer who purchases the Ticket at the Sales Price. You may modify (e.g. raise or lower the Sales Price) or delete your listing at any time until the Tickets have sold.

When a Buyer accepts your offer by purchasing your Ticket through our Site, you are contractually bound to deliver that exact Ticket/Service for Sales Price. You are obligated to monitor your inventory and ensure all listings are accurate. Failure to fulfill your orders will lead to charges as stated in this User Agreement and User Policies.

Ticket prices may exceed the face value of the Ticket.  While STRIDER may provide pricing, listing, and other guidance on the Site, such guidance is solely informational (without any warranty as to accuracy). You are responsible for fulling complying with all federal and local laws regarding online commerce.

Additional Features

From time to time, STRIDER may add additional features to enhance the user experience of our storage service at no additional charge. However, these free features may be withdrawn without further notice at any time.

Paid Accounts

Billing. You can add paid features, such as software services, to your account (turning your account into a “Paid Account”).  It is your responsibility to ensure any paid services, such as our StriderPlus digital waiver service, are suitable and/or legally enforceable for your needs.

We’ll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation.
If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date.
You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

Cancellation. You may cancel your Paid Account at any time.
Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions and obtain a refund within 14 days of signing up for, upgrading to, or renewing a Paid Account by clicking here.

Downgrades. Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you’re on a StriderGold plan, you may downgrade your account at any time. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.

Changes. We may change the fees in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions.
We’ll give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account and you’ll have the opportunity to cancel your subscription before the new fee comes into effect.

Electronic Signatures

By using a part of our Services “StriderPlus” that facilitates electronic signatures, you agree to do business electronically and to use electronic records and signatures. There may be laws where you reside governing what types of documents and transactions are appropriate for such signatures.  It’s your responsibility to ensure that the electronic signature functionality provided by the Services is appropriate for your scenario. If the Services include sample documents (like a template waiver), these documents are for informational purposes only.

Payment Collection & Fees

Access to our StriderPay™ product to collect electronic funds from Buyer through the STRIDER platform is restricted to Users that are vetted and approved for access. If you are approved to use our StriderPay product, you additionally agree to comply with all terms and conditions of our Payment Processing Agreement, and other Terms as well as the terms of this User Agreement. 

Payments/Payouts

STRIDER serves as a payment processor business appointed by you the User, acting as a merchant seller, to handle transactions from various channels, such as credit and debit cards . Strider’s sole activity with respect to marketplace sales is to handle transactions between two parties- the Seller and Buyer.  Any Electronic Fund Payments received from Buyers for Tickets purchased via the Site are processed by STRIDER or STRIDER Services  such as StriderPay (as applicable) on behalf of the User and paid out in accordance with the User Policies and Payment Services Agreement (as applicable).

Without prejudice or limitation to the Payment Services Agreement, you the User appoints the relevant STRIDER entity as its limited payment collection agent solely for the purpose of accepting funds from Buyers on behalf of Use in the role of Seller.

You agree that any payment made by Buyer to STRIDER on behalf of a you in the role of Seller, such as a manually processed transaction for one of your listings) shall be considered the same as a payment made directly to you, and you will make the Tickets available to Buyer in the agreed-upon manner as if you had received the payment directly from Buyer.

Payments from Buyers are due and payable immediately. A Buyer can pay the full order amount which includes any applicable Service Fees and taxes using one of the accepted payment methods. A Buyer’s obligation to pay for a Ticket is satisfied when STRIDER or STRIDER Services (as applicable) has processed the Payment in full.

Except as otherwise specified, you understand that STRIDER ’s obligation to pay User is subject to and conditional upon successful receipt of the associated payments from Buyer. STRIDER guarantees payments to User only for such amounts that have been successfully received by STRIDER from Buyer.  In accepting appointment as the limited payment collection agent of seller, STRIDER assumes no liability for any acts or omissions of the User.

STRIDER will not, for any reason, provide compensation for tickets that do not sell, even if it is due to Site unavailability from an outage or maintenance or listing delays. STRIDER does not guarantee that your tickets or related passes will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the event page or through search results.

STRIDER may charge fees for selling and/or buying Tickets through our Site and/or subscription fees for using our Services, (collectively referred to as “Service Fees”). We may charge subscription fees to use particular software features. Service Fees may vary depending on software service, event type, Ticket type and location. STRIDER may in its sole and absolute discretion change its Service Fees at any time, including after you list your Tickets. Any applicable Service Fees will be disclosed to Users prior to buying a Ticket. Our Service & Subscription Fees are non-refundable.

Refund Policies and Administration

Refund policies are set by the User and vary depending on the type of event and the User. Because of that, we provide flexibility for User to post their own policies with respect to their events, so long as they meet the following minimum requirements:

  • Refund policies must be posted on the applicable activity event page;

  • “No refund” policies are permissible, but must be clearly identified as such and must otherwise comply with these minimum requirements;

  • Refund policies must be in accordance with all applicable local, state, provincial, national and other laws, rules and regulations, including all requirements imposed by Payment Processing);

  • Refund policies must include specific instructions on how to obtain a refund, including how, when and where to direct a refund request;

  • Refund policies may not be changed with respect to purchases made prior to the date of such change and its posting to the applicable event page;

  • Refund policies must set out a specific time frame within which refund requests will be responded to, which should not exceed five (5) business days for a first response; and

Refund policies must otherwise be fair and reasonable. Buyers agree that STRIDER will not be responsible for ticket/service/merchandise refunds, at any time. In the event of a dispute, the Buyer is encourage to contact STRIDER to mediate.

Event cancellations, postponement and other event changes

Cancellation: If an event is cancelled and not rescheduled, you must remove the event and any listings related to the event from our Site and inform all Buyers about the cancellation.

You agree that any ticket payment made by Buyer to STRIDER shall be considered the same as a payment made directly to Seller. Buyer will lodge any refund request to the User/Seller. Buyers further should note that if a User has already received Payout for an event under the Payment Processing Agreement, STRIDER will not have control of the funds.

 In order to initiate a refund request, STRIDER instructs Buyers to contact the Seller/Organizer directly as set forth in the User’s applicable refund policy.

Buyer agrees that payment for STRIDER service or processing fees is separate and distinct from payment for any ticket/service from User. STRIDER does not issue refunds service/processing fees for successfully processed transactions. These fees are distinct to the technology service provided through our site, and exist irrespective of any Ticket Return or event cancellation.

Other event changes: STRIDER is not responsible for partial performances, facility, or time changes.

Failure to Perform
If you as a User do not fulfill your contractual obligations under this User Agreement, STRIDER may charge you certain fees and/or costs in accordance with our User Policies.  We may charge you for amounts you owe us, which can include unpaid subscription fees, the costs to reply to an AWS Abuse Report due to content you post, excessive or unwarranted Buyer chargebacks, costs we incur or other losses arising out of your violation of this Agreement (including the Additional Policies).

We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. STRIDER, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information STRIDER reported to a credit bureau, please contact STRIDER. If you wish to dispute the information a collection agency reported, contact the collection agency directly.

Prohibited Content and/or Actions

This should be common sense, but there are certain types of content we don’t want posted on STRIDER ’s Services (for legal reasons or otherwise). When using our Site and Services, you agree that you will not do any of the following:

  • You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Terms.

  • You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

  • You agree not to interfere with or try to disrupt our Services or our users, for example by distributing a virus or other harmful computer code.

  • You agree not to contact or invite contact with other STRIDER users for any reason other than the purpose for which you received the STRIDER user’s contact information or solicit sales outside of STRIDER ;

  • You agree not to use the Buyer’s personal data for any reason other than the delivery of Tickets unless otherwise agreed to by the Buyer; (this means no spam emails!)

  • You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

You additionally agree not to

  • post false, inaccurate, misleading, defamatory or libelous content;

  • behave in an abusive manner to any STRIDER team member, employee or other user;

  • violate any venue or event promoter rules at events or violate any applicable third party terms of service

  • breach or circumvent any laws (including, where Tickets are sold internationally, the laws of the destination country), third party rights or our Additional Policies;

  • fail to fulfil your contractual obligations regarding the sale or purchase of a Ticket;

  • use STRIDER ‘s trademarks without our prior written permission;

  • copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from our Site or Services without the prior express written permission of STRIDER and the appropriate third party, as applicable;

  • use any robot, spider, scraper or other automated means to access our Site or Services for any purpose without our express written permission;

  • take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;

  • interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services;

  • bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services;

  • commercialize any STRIDER application or any information or software associated with such application;

  • export or re-export any STRIDER application or tool except in compliance with the export control laws of any relevant jurisdiction and in accordance with posted rules and restrictions; or

  • do anything else that STRIDER determines, in its sole reasonable discretion, misuses the Site or Services or otherwise negatively impacts our marketplace.

Protecting intellectual property rights

STRIDER respects intellectual property rights and we respond promptly to notices of alleged infringement as per our Copyright Policy. We shouldn’t have to say this in our user agreement, but we will:

Don’t steal or post copyrighted work!  Equine photographers work hard to make a living.  Posting screenshots to STRIDER that are clearly improperly obtained “proofs” will cost you a lot of money in legal fees and business damages. 

We are committed to following appropriate legal procedures to remove infringing content from our Services.

If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, to include a) notifying you in writing b) disabling the content and/or c) terminating your account. We reserve the right to charge you, the User, a flat take-down fee of $400  plus additional costs fees of $125/hour associated with this situation.  You will be directly liable to the copyright holder for all damages and/or retroactive licensing fees, depending on how long you improperly used their materials.

 We’ll notify you if any of that happens. 

If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Copyright Policy.

Follow Our Trademark Policy.
The name “STRIDER ” and the other STRIDER marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of STRIDER in the US and other countries. If you’d like to use our trademarks, please follow our Trademark Policy.

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if Strider reasonably believes:

  • you’re in breach of these Terms,

  • your use of our Services would cause a real risk of harm or loss to us or other users, or

  • you don’t have a Paid Account and haven’t accessed our Services for 12 consecutive months.

We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

We won’t provide notice or an opportunity to export your content before termination or suspension of access to the Services where Strider reasonably believes:

you’re in material breach of these Terms, which includes, but is not limited to, violating our Acceptable Use Policy,

doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

we’re prohibited from doing so by law.

Once we suspend or terminate your access to the Services, you will not be able to access or export Your Stuff.  STRIDER does not provide refunds if we suspend or terminate your access to the Services, unless required by law.

We may investigate any potential or suspected violations of the User Agreement, Additional Policies, security protocols or best practices, third-party rights or applicable law; any actions or any other misconduct or potential abuse on or through the Services or attempts. When assessing whether and which measure(s) to take against a user, we will take the legitimate interests of the user into account, and shall in particular consider if the user is responsible for the misconduct.

We may take any actions we deem appropriate in our reasonable discretion for the conduct described

Without limiting other remedies, these actions may include: limit, or temporarily or permanently suspend, or terminate our services and Accounts, restrict or prohibit access to, and your activities on, our Site and/or Services, remove listings, require you to edit listings, cancel sales, require you to send Tickets to a Buyer within a specified time, delay or remove hosted content, remove any special status associated with an Account, reduce or eliminate any discounts, withhold payment, charge the Payment Method on file for amounts you owe or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent Accounts or chargebacks and any replacement costs), and take technical and legal steps to keep you from using our Site and/or Services.

We reserve the right to report any activity that we believe to be illegal or otherwise in contravention of this User Agreement and we will respond to any verified requests relating to a criminal investigation (i.e. a subpoena, court order or substantially similar legal procedure) from local and foreign law enforcement or regulatory agencies, other government officials or authorized third-parties.

Release and indemnification

Disclaimer of Warranties; Limitation of Liability (or the Things You Can’t Sue Us For)

YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF THE SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. STRIDER MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS USER AGREEMENT, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. 

IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, STRIDER (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO:
(I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES;
(II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES;
(III) ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TICKETS YOU LIST APPEAR ON THE SITE OR SERVICES.

LIMITATIONS OF LIABILITY

 

You can’t sue us if you get injured or incur losses at an activity you found via Strider sevices.  Any legal claim related to a ticket or item you purchase must be brought directly against the Seller.

Users of all Strider services hereby ACKNOWLEDGE THAT Equine related activities are inherently dangerous AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH, because of the unpredictable nature and irrational behavior of horses, regardless of their training and past performance. 

 “Equine activity” means
(i) equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeple chasing, endurance trail riding and western games, and hunting;
 (ii) equine training or teaching activities;
(iii) boarding equines;
(iv) riding, inspecting, or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine;
(v) rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor; and
(vi) Any professional or networking event tangentially related to the equestrian industry such as a professional development course, a convention, brunch, workshop, rally, barn party, etc.

Through your use of STRIDER services, you inherently  acknowledge your understanding that a horse or mule may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person, saddles or bridles may loosen or break – all of which may cause the rider or spectator to fall or be jolted, resulting in serious injury or death.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, STRIDER  WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT,  CONSEQUENTIAL, INCIDENTAL, SPECIAL, COVER, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OUR SERVICES OR INFORMATION WE SUPPLY YOU, INCLUDING, BUT NOT LIMITED TO, GOODWILL, WORK STOPPAGE, LOST PROFITS, OR LOSS OF BUSINESS, EVEN IF APPRISED OF THE LIKELIHOOD OF SUCH LOSSES, AND WHETHER SUCH CLAIMS ARE MADE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE STRIDER BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:
(a) USE OF THE SITE OR INFORMATION WE SUPPLY YOU;
(b) ERRORS, MISTAKES, OR INACCURACIES OF THE SITE OR INFORMATION;
(c) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR INFORMATION;
(d) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR INFORMATION, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED ON THE SITE;
 (e) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS;
(f) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;
(g) ANY LOSS OF YOUR DATA OR USER CONTENT FROM THE SITE;
(h) ANY ERRORS OR OMISSIONS IN ANY OF YOUR DATA OR USER CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DOCUSIGN PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR
(i) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS, OUR PRIVACY NOTICE, OR ANY OTHER COMMUNICATION WE MAKE OR NOTICE WE PROVIDE.

Cap on Damages. 

REGARDLESS OF THE PREVIOUS CLAUSES, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $200.

OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR TO YOUR USE OF THE SITE OR INFORMATION WE SUPPLY YOU (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED USD$100.  THE TOTAL AMOUNT PAID BY YOU TO STRIDER FOR SERVICE(S) GIVING RISE TO THE CLAIM UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT. ADDITIONAL OR DIFFERENT LIABILITY AMOUNTS MAY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE SERVICE SCHEDULE BELOW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, THIS SECTION 9.2 SHALL (I) APPLY ONLY TO THE EXTENT PERMITTED BY PRODUCT LIABILITY LAW; AND (II) SHALL NOT APPLY IN THE EVENT THAT PERSONAL INJURY OR DEATH HAVE BEEN CAUSED INTENTIONALLY BY STIDER OR BY STRIDER’S GROSS NEGLIGENCE. 

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THIS USER AGREEMENT. THIS IS ESPECIALLY SO IF YOU ARE A CONSUMER.

If STRIDER Gets Sued Because of A User

We hope this never happens, but if STRIDER gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend STRIDER  (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.

To the fullest extent of the law, You hereby agree to indemnify, defend and hold STRIDER and (if applicable) our parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (collectively, the “Indemnified Parties”) harmless from and against any and all liability, losses, damages and costs (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of your use of our services and/or your violation of any law or the rights of a third party.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

Applicable laws and jurisdiction

Legal Disputes

While we may help facilitate the resolution of disputes between Buyer and User, STRIDER has no control over and does not guarantee the existence, quality, safety or legality of Tickets or services; the truth or accuracy of the user’s content or listings; the ability of Users to sell tickets or Buyers to pay for them; or that a Buyer or User will complete a transaction.

Privacy and Communications

All communications between you and STRIDER (including our service providers, Users of the STRIDER corporate family or our affiliates) are subject to our Privacy Policy

In addition, if you reside in the United States, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection.

LEGAL CONCERNS

 

The laws of the Virginia shall govern this Agreement.  If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

Agreement to Arbitrate

If you reside in the United States or Canada, you agree, except where prohibited by law, that any and all disputes or claims that have arisen or may arise between you and STRIDER relating in any way to or arising out of this or previous versions of the User Agreement (including this Agreement to Arbitrate, as the term is defined below) or the breach or validity thereof, your use of or access to the Site or Services, or any tickets or related passes sold or purchased through the Site or Services shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“Rules”), rather than in court. 

 Arbitration uses a neutral mediator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of the User Agreement, as a court would.

The costs of the mediation and fees of the mediator will be borne equally by yourself and STRIDER “the parties”. The mediation will be conducted at a place, in the State of Virginia, agreeable to both Company and you. The parties will cooperate with the mediator in coming to a reasonable agreement on the mediation arrangements which will include the time and place for conducting the mediation, who will attend or participate in the mediation and what information and written material will be exchanged before the mediation.

Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. EXCEPT WHERE PROHIBITED BY LAW, YOU AND STRIDER AGREE THAT EACH PARTY MAY BRING CLAIMS PURSUANT TO THIS AGREEMENT TO ARBITRATE AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS USER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND STRIDER AGREE OTHERWISE, THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.

You understand that by agreeing to the Terms, you and STRIDER are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.

If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Virginia.

Prohibition of Class and Representative Actions

Term and termination

This User Agreement shall commence on the date that you register an Account with STRIDER and will continue for an indefinite period unless terminated in accordance with these provisions.

Termination By You.

We’d hate to see you go, but you may terminate this User Agreement at any time by contacting Customer Service. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination.  If you terminate this User Agreement as a User you are also terminating the Payment Services Agreement (to the extent applicable) as of the time of the termination of the User Agreement taking effect.

Termination By STRIDER.

We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or digital services. STRIDER may refuse service to anyone, at any time, for any reason.

STRIDER may immediately, without notice, terminate this Agreement and/or stop providing access to the STRIDER Platform if you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, you have violated applicable laws, regulations or third party rights, or STRIDER  believes in good faith that such action is reasonably necessary to protect the personal safety or property of STRIDER , its users, or third parties (for example in the case of fraudulent behavior of a User),

  • you have provided inaccurate, fraudulent, outdated or incomplete information during the STRIDER Account registration, Listing process or thereafter,

  • you have repeatedly cancelled confirmed activities  or failed to respond to Buyer questions without a valid reason, or

  • STRIDER believes in good faith that such action is reasonably necessary to protect the personal safety  its Users, or third parties, or to prevent fraud or other illegal activity:

  • In case of non-material breaches and where appropriate, you will be given notice of any intended measure by STRIDER and an opportunity to resolve the issue to ‘s reasonable satisfaction.

If you or STRIDER terminate your account, you may lose any information associated with your account, including Your Content.

Termination of this User Agreement shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.

Share Your Ideas.

We love your suggestions and ideas! They can help us improve your experience and our Services. If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to STRIDER , you do so voluntarily and with no expectation of confidentiality.

You understand that STRIDER may have something similar to the Ideas under consideration or in development.

Any ideas or other materials you submit to STRIDER (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Talk to Us Online.

From time to time, STRIDER will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.General provisions

If any provision of this User Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this User Agreement shall not be affected.

We may assign or transfer our rights and obligations under this User Agreement at any time, provided that we assign the User Agreement on the same terms or terms that are no less advantageous to you. You may not assign or transfer this User Agreement, or any of its rights or obligations, without our prior written consent, which we can refuse in our sole discretion.

No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this User Agreement, your use of the Site, or the provision of our Services. A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement.

Nothing in this User Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their permitted successors and assigns.

The subject heading at the beginning of each paragraph of this User Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph. The following sections survive any termination of this User Agreement: Contracting entity, fees and other charges, taxes, payments, abusing STRIDER , content, liability, applicable laws, release and indemnification, additional provisions applicable to US residents and events in the USA, general provisions.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

Legal notices to us shall be served by registered mail to your relevant entity listed in Clause We shall send notices to you by email to the email address you provide to us during the registration process. Notice to you shall be deemed given 24 hours after the email is sent, unless we are notified that the email address is invalid. Alternatively, we may give you legal notice by registered mail to the postal address provided during registration. Notices sent to either party by registered mail shall be deemed to have been received by that party three days after the date of mailing.

STRIDER reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services or any part of the Site or Services with or without notice for any reason. STRIDER performs regularly-scheduled maintenance. While we do our best to avoid customer impact, the Site or our Services may be temporarily unavailable during maintenance periods.

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and STRIDER regarding the Services.

Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

If you do not agree to the modified terms, you may send STRIDER a written notification (including email) or close your account within 30 days.

By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and STRIDER in accordance with the provisions of this “Disputes with STRIDER ” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

Contact Information

If you have any questions about the Terms, please email us at support@striderpro.com

This User Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. No amendment, modification or supplement of any provision of this User Agreement will be valid or effective unless made in accordance with the express terms of this User Agreement. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.