We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be
reasonable in the circumstances and in accordance with applicable law or code of conduct, by posting the revised
version on our website or communicating it to you through the Services (each a "Revised Version"). The Revised
Version will be effective as of the time it is posted. Your continued use of the Services after the posting of a
Revised Version constitutes your acceptance of such Revised Version.
You may not, nor may you permit any third party, directly or indirectly, to:
If we reasonably suspect that your Excella Equine Account has been used for an unauthorized, illegal, or criminal
purpose, you give us express authorization to share information about you, your Excella Equine Account, and any of
your transactions with law enforcement.
The Services may include functionality for uploading or providing photos, logos, products, loyalty programs,
promotions, advertisements and other materials or information (“Content”).
You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free,
fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative
works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in
order to provide and promote the Services. You retain all rights in your Content, subject to the rights you
granted to us in these General Terms. You may modify or remove your Content via your Excella Equine Account or by
terminating your Excella Equine Account, but your Content may persist in historical, archived or cached copies and
versions thereof available on or through the Services.
You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the
Services any material that in our sole judgment, is objectionable, restricts or may in some form be in breach of
any applicable law, including personal privacy statutes, anti-spam legislation and consumer protection laws.
Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time
and for any reason without notice. You understand that by using the Services, you may be exposed to Content that
is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content,
including any loss of or damage to any of your Content.
We have implemented technical and organizational measures designed to secure your personal information from
accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that
unauthorized third parties will never be able to defeat those measures or use your personal information for
improper purposes. You provide your personal information at your own risk. You are responsible for safeguarding
your password and for restricting access to the Services from your compatible devices. We maintain sole
discretion on terminating compromised accounts.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push
notifications to the cellular telephone number you provide to us. These communications may be generated by
automatic telephone dialing systems which will deliver prerecorded messages, including for the purposes of
secondary authentication, receipts, reminders and other notifications. Standard message and data rates applied
by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving
communications by following the unsubscribe options we provide to you in those communications. You acknowledge
that opting out of receiving communications may impact your use of the Services, especially regarding item such
as Two-Factor Authentication.
We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software
that is part of the Services, as authorized in these General Terms. We may make software updates to the Services
available to you, which you must install to continue using the Services. Any such software updates may be
subject to additional terms made known to you at that time.
We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest,
copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of
the Services. These General Terms do not grant you any rights to our trademarks or service marks.
For the purposes of these General Terms, "Intellectual Property Rights" means all patent rights, copyright
rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights,
goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence
in the future, and all of their applications, registrations, renewals and extensions, under the laws of any
province, country, territory or other jurisdiction.
You may submit comments or ideas about the Services ("Ideas"). By submitting any Idea, you agree that your
disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary,
confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to
you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents,
affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments,
tax assessments, penalties, interest, and expenses (including reasonable legal' fees) arising out of any claim,
action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of
or relates to:
THE SERVICES ARE PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
WITHOUT LIMITING THE FOREGOING, Excella Equine SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Excella Equine DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES
WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION,
UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Excella Equine does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised
or offered by a third party. Excella Equine does not have control of, or liability for, goods or services that are
paid for using the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Excella Equine BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE,
OR UNAVAILABILITY OF THE SERVICES. IN ALL CASES, Excella Equine WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT
UNDER NO CIRCUMSTANCES WILL Excella Equine BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING,
TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR Excella Equine ACCOUNT, OR THE INFORMATION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Excella Equine IS LIMITED TO THE GREATER OF
(A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH
PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
The Services may be controlled and operated from facilities around the world. Excella Equine makes no representations
that the Services are appropriate or available for use other than in Canada. Those who access or use the
Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with
all applicable Canadian and local laws and regulations, including but not limited to export and import
regulations. You represent that you are not a person or entity described or designated under the provisions of
any Canadian anti-terrorism or sanctions legislation (including under the Criminal Code (Canada), the Special
Economic Measures Act (Canada) or the United Nations Act (Canada), or any associated regulations thereof) (a
“Listed Person”). You may not use the Services if you are or become a Listed Person. Unless
otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies,
or other entities located in Canada.
All third party hardware and other products included or sold with the Services are provided solely according to
the warranty and other terms specified by the manufacturer, who is solely responsible for service and support
for its product. For service, support, or warranty assistance, you should contact the manufacturer directly.
Excella Equine MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS,
AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A
This agreement will be goverened by Canadian federal law.