STALLER TERMS AND CONDITIONS
Last Updated: January 17, 2018
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING ANY OF THE SERVICES PROVIDED BY STALLER AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, A CLASS ACTION WAIVER, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
DUE TO THE DIFFERENT STATE REGULATIONS IN THE U.S, ALL PARTIES HEREUNDER UNDERSTAND THE LIMITATIONS, RESTRICTIONS AND THE PERTAINING GOVERNING LAW OF ITS SPECIFIC AREA. OWNERS ARE REQUIRED TO UNDERSTAND LOCAL LAW BEFORE ENLISTING ANY PROPERTY.
STALLER: Staller, Inc., 2700 N Miami ave 33127 Miami, FL suite 808.
Hereinafter collectively referred to as "Parties" and individually as "Party",
It is agreed as follows:
- Definitions and Interpretations
In this Agreement, the following terms shall have the meaning as given hereunder:
“Boarding”: means the use of equestrian facilities including stalls storage, riding facilities trails and related services provided by property owners.
“Boarding Facility” or “Property Owner”: means a Member who creates a Listing via the Site or Application.
“Boarding Fees”: means the total amount due and payable by a Tenant in exchange for all Equine’s stay in a Boarding Facility including services related to either: (i) Dry Stall or (ii) Full Board.
“Booking”: Means Tenant access to the Boarding Facility services for the duration of the confirmed booking.
“Booking Request Period”: means the time period in days requested by a Tenant from arrival to departure.
“Cancellation Fee”: means the fee charged to Tenants who cancel within the allowable cancellation period.
“Communication”: means any and all type of communication between the users including but not exclusive: email, message via the Site and or text message.
“Listing”: means the content associated with a Boarding Facility that describes its location, amenities or services.
“Member” or “User”: means a person who completes Staller’s account registration process, including but not limited to Property Owners and Tenants.
“Payment Method”: means the preferred payment method, such as a credit card, debit card or ACH.
“Payment Processing Fee”: is the 2% fee charged to Tenants for processing the Boarding Fee and Security Deposit.
“Service Fee:” means the 8.5% fee charged to the Boarding Facility (Property Owner) for Boarding services.
“Stable Rental Agreement”: means any and all agreements made between the Tenant and the Owner for the booking of the Property. Staller is not and shall not be considered a party in this agreement.
“Staller”/“Website”/ “Site”: is defined as the entity owning, operating and controlling the Site and mobile application you are accessing (Staller, Inc.).
“Tax”: means any and all taxes that are associated with member transactions, including but not limited: sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Boarding or lodging taxes, fees (such as convention center fees) that - Property Owners may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes. Property Owners are obligated to collect and pay any required sales and use taxes.
“Tenant”: means a registered Staller user or Member whose booking request is accepted by the Boarding Facility.
“Verified Property”: means a Property that has been visited by a Staller representative to confirm that the and features in the Listing are properly represented.
“You": refers to the user visiting the Site, Listing a stable and/or property, and/or requesting or booking a stable and/or property through the services offered by the Site.
In this Agreement, general words shall not be given a restrictive interpretation by reason of them being preceded or followed by words indicating a particular class of acts, matters or things.
In this Agreement, words importing the singular shall include the plural and vice versa.
- EFFECTIVE DATE
- By using the app and/or website you warrant that you are at least 18 years of age and agree to all terms and conditions herein. It is required that all parties read and understand all conditions set forth below. Parties who do not agree with the terms aforementioned should refrain from using the Staller service.
- Staller also reserves the right to refuse service to any party without prior notice.
- SCOPE OF SERVICES; DISCLAIMER
- Stallerapp.com is a platform that connects Property Owners and Tenants by providing gathered information about each other for the purpose of providing and securing stable and/or similar property accommodations in a particular locale, and related services.
- Staller does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Boarding Services. Property Owners alone are responsible for their Listings and Services. When a Member makes or accepts a booking, they are entering into a contract directly with each other. Staller is not and does not become a party to or other participant in any contractual relationship between Members, nor is a real estate broker or insurer. Staller is not acting as an agent in any capacity for any Member, except as specified herein.
- Staller is not a party to the Stable Rental Agreement, or other agreement between users. As a result, any part of an actual or potential transaction between a property owner and renter, including the quality, condition, safety or legality of the stables or properties advertised, the truth or accuracy of the listings (including the content thereof or any review relating to any renter, property owner, stable or property), the ability of property owners to rent a stable or property or the ability of renters to contract for stables or similar properties are solely the responsibility of each user. You acknowledge and agree that you may be required to enter into one or more separate agreements, waivers or terms and conditions before making a request or booking for a stable and/or property rental and Staller may place additional restrictions on your request or booking.
- The Site is a Venue Only and We are Not a Party to any Agreement Between Users of the Site. Staller is not acting as an agent in any capacity for any user, except as specified in the Agreement as well as in the Payment Terms.
- Staller is not responsible for the agreements made through its marketplace. Both Property Owner and Tenant have individual responsibility for the information and agreements made in the Site.
- Staller offers online booking or other tools or services to allow users to communicate with each other and enter into Stable Rental Agreements or other similar transactions. Staller offers payment processing to facilitate the exchange of funds for stall rentals. Payment Services provided by Staller are subject to the terms outlined herein.
- Users acknowledge and agree that they, and not Staller, are responsible for performing the obligations of any such stable lease or similar rental agreements, that Staller is not a party to such agreements, and that, Staller (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
- Users hereby acknowledge and agree that any stable lease agreement and/or rental agreement used or entered into between a Property Owner and Tenant is made solely at their own risk and expense, and that they have been hereby advised to obtain local legal counsel to prepare, review and revise as necessary any stable lease agreement and/or rental agreement to ensure compliance with federal, state and local law and their particular circumstances, and to ensure that it accurately represents the stable, property, rules, limitations, features, etc.
- Users agree that they are responsible for, and agree to abide by, all laws, rules and regulations applicable to their use of the Site, their use of any tool, service or product offered on the Site and any transaction they enter into on the Site or in connection with their use of the Site.
- Property Owners further agree that they are responsible for and agree to abide by all laws, rules, ordinances, or regulations applicable to the listing of their stable rental and/or property and the conduct of their rental business, including but not limited to, any and all laws, rules, ordinances, regulations or other requirements relating to taxes, credit cards, data and privacy, permits or license requirements, zoning ordinances, safety compliance and compliance with all anti-discrimination and fair housing laws, as applicable. Please be aware that, even though we are not a party to any stable lease agreement or rental transaction, and assume no liability for legal or regulatory compliance pertaining to stable leases or rental properties listed on the Site, there may be circumstances where we are nevertheless legally obligated (as we may determine in our sole discretion) to provide information relating to your listing in order to comply with requests from governmental bodies in relation to investigations, litigation or administrative proceedings, and we may choose to comply with such obligations in our sole discretion.
- Although most stable and/or property rentals are completed without a serious incident, some may involve more risk than others. We urge potential Tenants to research the location in which they wish to rent a stable to review any risks, legal requirements, prohibitions, warnings, announcements and advisories before booking or leasing a stable or property.
- While we do take certain measures with a goal to assist Users to avoid potentially fraudulent or other illegal activity of which we become aware, we assume no liability or obligation to take any such measures or actions. When we provide warnings or messages to Users about any such activity, we do not warrant that such messages are accurate or that such messages will reach any or all users they should have reached in a timely manner or at all or that such messages or measures will prevent any harm or otherwise have any impact.
- Recognizing the global nature of the Internet, Users agree to comply with all local rules regarding online conduct and acceptable content. Specifically, Users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which they reside, as well as all laws relating to accommodations of stables and/or similar properties and the use thereof.
- Relationship of Users and Site.
- Users agree and acknowledge that Staller is not a real estate broker, agent or insurer. Staller has no control over the conduct of Property Owners, Tenants, and other Users of the site, application and services or any accommodations, and disclaims all liability in this regard to the maximum extent permitted by law. If you choose to use the Site, you understand and agree that your relationship with Staller is that of an independent, third-party. You are not an employee, franchisee, agent, joint venturer or partner of Staller for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Staller. You agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Staller.
- As-Is Services; No Warranties or Representations; Disclaimers.
- The services on the Site are provided on an AS-IS basis and without warranties or representations of any kind to the fullest extent permissible pursuant to applicable laws. Staller assumes no responsibility for information posted on this Site, including, but not limited to users and advertisers. Staller also assumes no responsibility for the actions of users through the services or the Site or as a result of their use of the services or site. You are responsible for any and all costs associated with using the Site or services. You agree that you must evaluate, and bear all risks associated with, the use of any information or services provided on the Site, including any reliance on the accuracy, completeness, legality or usefulness of such information and services.
WHILE STALLER MAY DO SO, IT HAS NO OBLIGATION TO SCREEN POSTINGS, COMMENTS OR LISTINGS AND HAS NO WAY OF INDEPENDENTLY VERIFYING ALL THE INFORMATION PROVIDED BY A USER OR POSTED ON THIS SITE. USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH ACTIONS MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM.
STALLER IS NOT A PARTY TO THE LEASE TRANSACTIONS, ALTHOUGH IT PROVIDES TOOLS, SUCH AS DIRECT CONTACT, THAT ENABLE A USER TO ENTER INTO A TRANSACTION BETWEEN THE PROPERTY OWNER AND TENANT. AS A RESULT, STALLER HAS NO CONTROL OVER THE QUALITY, SAFETY, OR LEGALITY OF THE STABLES AND/OR PROPERTIES LISTED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF PROPERTY OWNERS TO OFFER THE STABLES AND/OR PROPERTIES LISTED, THE ABILITY OF THE TENANTS TO PAY FOR THE TRANSACTION, DAMAGE TO REAL PROPERTY, DAMAGE OR LOSS OF PERSONAL PROPERTY OR PERSONAL INJURY AS A RESULT OF A STABLE AND/OR PROPERTY RENTAL. WE CANNOT ENSURE THAT A PROPERTY OWNER AND TENANT WILL ACTUALLY COMPLETE A TRANSACTION AND WE DO NOT MAKE ANY REPRESENTATIONS AS TO THE LEGALITY, QUALITY, LOCATION, AVAILABILITY, SUITABILITY, OR PRICING OF ANY SPECIFIC STABLE AND/OR PROPERTY.
SIMILARLY, STALLER HAS NO KNOWLEDGE, INFORMATION OR CONTROL OVER THE SPECIFIC PURPOSE AND TERMS OF ANY TRANSACTION ENTERED INTO BETWEEN A PROPERTY OWNER AND TENANT. AS A RESULT, STALLER HAS NO CONTROL OVER THE QUALITY, SAFETY, SOUNDNESS, DISPOSITION OR LEGALITY OF ANY HORSES THAT MAY OCCUPY A STABLE AND/OR SIMILAR PROPERTY, THE TRUTH OR ACCURACY OF THE HORSES, THE ABILITY OF PROPERTY OWNERS TO PROVIDE LEGAL, SUITABLE AND PROPER ACCOMODATIONS TO HORSES IN THE STABLES AND/OR PROPERTIES LISTED, THE ABILITY OF TENANTS TO BOARD HORSES AT THE STABLES AND/OR PROPERTIES LISTED, DAMAGE TO REAL PROPERTY, DAMAGE OR LOSS OF PERSONAL PROPERTY OR PERSONAL INJURY AS A RESULT OF A HORSE OCCUPYING A STABLE AND/OR PROPERTY RENTAL. STALLER DOES NOT MAKE ANY REPRESENTATIONS AS TO THE QUALITY, CONDITION, SOUNDNESS, SUITABILITY, OWNERSHIP, HEALTH, OR LEGALITY OF ANY STABLE OR PROPERTY OR HORSE THAT MAY OCCUPY A STABLE OR SIMILAR PROPERTY.
STALLER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS OR LEASES WILL BE MADE OR ACCEPTED AT THE USERS OWN RISK.
IN PARTICIPATING IN A TRANSACTION THROUGH THIS SITE AND ITS SERVICES PROVIDED, USERS AGREE TO COMPLY WITH ALL APPLICABLE LAWS.
It is expressly agreed that the identities of any individual or entity and any party, (including, but without limitation, Users, Property Owners, Tenants) in respect of the Site purpose and any related services offered by the Site, shall constitute confidential information of Staller that shall not (without prior written consent of, or having entered into a commission agreement with Staller (i) directly or indirectly solicit, negotiate or contract into any business transactions, agreements or undertakings with any third party identified or introduced by Staller Site (ii) seek to by-pass, compete, avoid or circumvent Staller from any business opportunity that relates to the purpose of the Site, by utilizing any confidential information or by otherwise exploiting or deriving any benefit from information disclose by our Site and Users.
- Limited License to Use the Site.
Users are granted a limited, revocable non-exclusive license to access the Site and the content and services provided on the Site solely for the purpose of advertising a stable and/or rental property, searching for a stable or similar property rental, renting or researching (for the purpose of inquiring about renting) any of the stables and/or properties listed on the Site, participating in an interactive area hosted on the Site or for any other purpose clearly stated on the Site, all in accordance with the Terms. Any use of the Site that is not for one of these purposes or otherwise in accordance with the Terms or as otherwise authorized by us in writing is expressly prohibited.
- Unauthorized Uses of the Site.
- The license to use the Site only extends to the uses expressly described herein. The license to use the Site granted to Users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or any derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission.
- Unauthorized uses of the Site also include, without limitation, those listed below. You agree not to do any of the following, unless otherwise previously and specifically agreed to by us:
(i) Copy, reproduce, upload, post, display, republish, distribute or transmit any part of the content in any form whatsoever;
(ii) Reproduce any portion of the Site on your website or otherwise;
(iii) Deep-link to any portion of the Site without our express written permission;
(iv) Modify, translate into any language or computer language or create derivative works from, any content or any part of the Site;
(v) Reverse engineer any part of the Site;
(vi) Sell, offer for sale, transfer or license any portion of the Site in any form to any third parties;
(vii) Use the Site and its inquiry or booking functionality other than to advertise and/or research stable or similar property rentals, to make legitimate inquiries to Property Owners or any other use expressly authorized on the Site;
(viii) Use the Site to post or transmit information that is in any way false, fraudulent, or misleading, including making any lease or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability;
(ix) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material;
(x) Violate, plagiarize or infringe the rights of us or third parties including, without limitation, copyright, trademark, patent, trade secrets, rights of publicity or privacy or any other intellectual or proprietary rights;
(xi) Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations; or
(xii) Use or access the Site in any way that, in our sole discretion, adversely affects, or could adversely affect, the performance or function of the Site or any other system used by us or the Site.
(xiii) If you are aware of, or experience, any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of same.
- Proprietary Rights of Information from the Site.
The Company expressly reserves all rights in the Site and all other materials provided by the Company hereunder not specifically granted to a party. It is acknowledged that all right, title and interest in the Site and all other materials provided by the Company hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with the Company (or third party suppliers, if applicable) and that the Site and all other materials provided by the Company hereunder are licensed on a services subscription basis and not “sold” to the Property Owner or Tenant.
The Site and all content and information on the Site are protected by copyright as a collective work and/or compilation, under applicable U.S. and international copyright laws and conventions and database rights. You agree to abide by any and all copyright notices, information or restrictions contained in or relating to any content on the Site. Copying, storing or otherwise accessing the Site or any content on the Site other than for your personal, noncommercial use (other than in accordance with a valid listing) is expressly prohibited without prior written permission from us.
- Identity Verification.
- User verification on the Internet is difficult and we cannot, and do not assume any responsibility for, the confirmation of each user's purported identity. We encourage you to communicate directly with a renter or property owner through the tools available on the Site, though even this does not assure you of the identity of the person with which you are communicating. We further encourage you to take all other reasonable measures to assure yourself of the other person’s identity and, for renters, of the stable and/or property and relevant details of your lease or proposed lease.
- You agree to (i) keep your password and online ID for both your account with us and your email account secure and strictly confidential, providing it only to authorized users of your accounts, (ii) instruct each person to whom you give your online ID and password that he or she is not to disclose it to any unauthorized person, (iii) notify us immediately and select a new online ID and password if you believe your password for either your account with us or your email account may have become known to an unauthorized person, and (iv) notify us immediately if you are contacted by anyone requesting your online ID and password. Further, if we suspect any unauthorized access to your account, upon our request, you agree to promptly change your ID and password and take any other related action as we may reasonably request.
- We discourage you from giving anyone access to your online ID and password for your account with us and your email account. However, if you do give someone your online ID and online password, or if you fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us and/or your email account, even those transactions that are fraudulent or that you did not intend or want performed.
EACH USER ACKNOWLEDGES AND AGREES THAT: (1) NEITHER STALLER NOR ANY OF ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR STALLER ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH STALLER AND OTHER USERS.
Further, we may, without notice to you, suspend or cancel your listing and/or access at any time even without receiving notice from you if we suspect, in our sole discretion, that your account with us or your email account is being used in an unauthorized or fraudulent manner.
- Limitations on Communications and Use of Other Users’ Information; No Spam.
- You agree that, with respect to other users' personal information that you obtain directly or indirectly from or through the Site or through any Site-related communication, transaction or software, we have granted to you a license to use such information only for: (i) Site-related communications that are not unsolicited commercial messages, (ii) using services offered through the Site, and (iii) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or leasing a stable property). Any other purpose will require express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.
- In all cases, you must give users an opportunity to remove their information from your address book or database or other records and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, may you disclose personal information about another user to any third party without the consent of the other user. You agree that other users may use your personal information to communicate with you in accordance with this provision. Further, you agree that you will protect other users’ personal information with the same degree of care that you protect your own confidential information (using at minimum a reasonable standard of care), and you assume all liability for the misuse, loss or unauthorized transfer of such information.
- We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the foregoing, you are not licensed to add a Site user, even a user who has rented a stable property from you or to you, to your mailing list (email or physical mail) without the user's express consent. You may not use any tool or service on the Site to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms.
- Responsibility for Property Listings, Reviews and Other User-Contributed Content; Participation in Interactive Forums.
- We have no duty to pre-screen content posted on the Site by Property Owners, Tenants, or other Users, whether directly contributed by the user or contributed by us or a third party on behalf of the User (including, without limitation, stable or property listings, reviews of a stable, reviews of a renter, reviews of a property owner, participation in an interactive community, forum or blog (each an “Interactive Forum”) or any other content provided by a user to the Site), (collectively, “user-contributed content”). We are not responsible for user-contributed content. “User-contributed content” also includes information that a User or any other person provided to a third-party website or mobile application that is then provided to our Site by a tool or any other exchange of user-contributed content we have authorized.
- We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user-contributed content that fails to meet our Content Guidelines, which are incorporated by reference into these Terms, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our discretion. We may also remove user-contributed content if it is brought to our attention, such as by notice given to us by a user or any third party that any part of these Terms, or any other requirements governing the posting of such content, have been apparently breached in respect of such content, as determined in our discretion. Finally, we reserve the right, but do not assume the obligation, to edit a Property Owner’s content or user-contributed content to cause the content to comply with our Content Guidelines or formatting requirements or to provide services to property owners or to create or improve listings, in accordance with information we have about the stable or property listed. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.
- Staller does not guarantee the accuracy, integrity or quality of content posted on the Site or sent to you from another user of the Site, advertiser, or other third-party. You understand that by using the Site and/or the Site services, you may be exposed to offensive, indecent or objectionable content. You agree that Staller is not liable for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Site, the Site’s services or actions taken in response or reaction thereto.
- You agree not to use the Site and/or Site’s services for any illegal or inappropriate purpose. Additionally, at a minimum, user-contributed content must (as determined by us in our discretion): (i) not infringe anyone's rights, including but limited to copyright and rights of publicity and privacy, violate the law or otherwise be inappropriate; (ii) not include personal information of another that can be used to identify or contact any person; (iii) not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations; (iv)be directly related to the Site, stable or property rental, business service, or forum where the content is submitted; (v) not be obscene, abusive, discriminatory or illegal; or (vi) not be false or misleading.
- All stable and property listings on the Site are the sole responsibility of the Property Owner (who may be the owner or a duly authorized property manager or agent of the owner) and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, reviews or any alleged breaches of contract on a user's part. Property Owners are solely responsible for keeping their stable and/or property information up-to-date on the Site, including, but not limited to, any and all representations about any stable and/or property, its amenities, location, price and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, stable reviews, guest book entries, stable location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where renters have searched for specific dates or types of stables and/or properties.
- We also may from time to time create new descriptions or otherwise change the location or geographic descriptions we use to identify stables and/or properties in their listings and search results. Consequently, we may change the location or geographic description associated with any stable and/or property listing at any time without notice. However, we assume no responsibility to verify stable and/or property listing content or the accuracy of the location. Property Owners are solely responsible for ensuring the accuracy of location, geographic and other content and location or geographic descriptions and agree to promptly correct (or contact us to correct) any inaccuracy and Tenants are solely responsible for verifying the accuracy of such content, geography and descriptions. The placement or rankings of the Property Listings will be assigned by Staller at its sole discretion.
- All other user-contributed content is the sole responsibility of the user who contributed such content. Users are solely responsible for their content and we specifically disclaim all liability for content regardless of the source or provider. The user represents and warrants that the user owns or otherwise controls and has all necessary legal rights to the user’s submission and the name or other identifier used in connection with such submission including, but not limited to, all the rights necessary to provide, post, upload, input or submit the user-contributed content. We reserve the right to request a proof of ownership or permission, and to refuse to post user generated content without such proof or if such proof is, in our sole discretion, insufficient.
- By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user-contributed content, in connection with our business or the business of our affiliates. You further grant us and our affiliates the ability to register copyright in and protect the user-contributed content, including the images, copy, and content available via any listing, from the unauthorized use of the user-contributed content by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material on behalf of and in your name.
- You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the stable and/or property listing or otherwise provide promotional or other services related to our business. In the event that you retain any rights of attribution, integrity or any other moral rights in any user-contributed content, you hereby waive your right to assert these or to require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and affirm that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.
11. Software Available on the Site.
All Software is the copyrighted work of Staller. Your use of such Software is governed by these Terms. COPYING OR REPRODUCING ANY SOFTWARE AVAILABLE ON THIS SITE IS EXPRESSLY PROHIBITED.
12. Notification of Infringement.
We respect the intellectual property rights of others, Staller does not permit, condone or tolerate the posting of any content on the Site that infringes any person's copyright. Staller will terminate, in appropriate circumstances, a user who is the source of repeat infringement of copyright. Should you become aware of or suspect any copyright infringement on this Site, please contact us immediately and advise us of same.
13. Links to Third-Party Sites.
This Site may contain links and pointers to other Internet sites, resources and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third-party site, such as a social media site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms.
- Service Fee.
- In consideration for the use of the Site and platform, Staller charges a non-refundable Service Fee. Users’ agree to pay Staller Service Fee as described herein
- Once a Boarding Fee is provided and accepted by the Tenant, it cannot be changed. The Property Owner alone, and not Staller, is responsible for the accuracy of Boarding Fees for its Listing and for updating these fees regularly. The Boarding Facility may at it’s sole discretion decide to include (i) a cleaning fee or any other fee permitted on the Staller platform, or (ii) Taxes that the Boarding Facility must collect.
- Bookings for Property Owners
- Property Owners (Boarding Facilities are required to either preapprove, confirm or reject the Booking requests submitted by Tenants. Upon confirmation send a notification confirming the Booking. Once accepted by the Boarding Facility Tenants have 48 hours to complete the booking by making a valid payment.
- Staller will collect the total fees in accordance with these terms and conditions .and the pricing terms set forth in the applicable listing. Staller will transfer the Booking Fee minus Staller Service Fee (8.5%) to the Boarding Facility.
- Bookings for Tenants
- Staller charges a Service Fee to Tenants of 2%. This fee will be disclosed at the time of booking and may be waived at our sole discretion.
- Subject to meeting any requirements (such as completing any verification processes) set by the Property Owner (Boarding Facility), you can book a Listing available by following the respective booking process.
- Tenant agrees to pay Staller for any bookings requested if such requested bookings are confirmed by the applicable Property Owner. All applicable fees, including the Boarding Fees, Security Deposit, and any applicable Taxes will be presented prior to booking a Listing., Tenant understands and agrees that Staller, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via Tenant’s credit card for the total fees or (ii) charge Tenant’s credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which Tenant is transacting to verify Tenant’s credit card. Once Staller receives confirmation of the booking from the applicable Property Owner, Staller will collect the total fees in accordance with the terms and conditions and the pricing terms set forth in the applicable listing. Please note that Staller cannot control any fees that may be charged to a Tenant by his or her bank related to Staller’s collection of the total fees, and Staller disclaims all liability in this regard.
- Staller charges a Payment Processing Fee for each transaction of 2%. The Payment processing fee will be charged at time of confirmation and payment. The Payment Processing Fee is not refundable. In the event the Tenant cancels a reservation and/or lease, the Payment Processing Fee will be deducted from any refund due the Tenant. In the event the Property Owner cancels a reservation or lease, for any reason whatsoever, the Property Owner will be obligated to pay the Payment Processing Fee.
- Property Owners (Boarding Facilities), not Staller, are solely responsible for honoring any confirmed Bookings and making available any Boarding accommodations reserved through Staller. If you, as a Tenant, choose to enter into a transaction with a Boarding Facility for a Booking, you agree and understand that you may be required to enter into an agreement with the Boarding Facility and you agree to accept any terms, conditions, rules and restrictions associated with such Boarding imposed by the Boarding Facility.
- You acknowledge and agree that you, and not Staller, will be responsible for performing the obligations of any such agreements, that Staller is not a party to such agreements, and that, with the exception of Staller Payments’ obligations pursuant to the Payments Terms, Staller (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
- If you book Equine Boarding on behalf of some other party, you are required to ensure that every additional guest meets any requirements set by the Boarding Facility, and is made aware of and agrees to these Terms and any Terms and conditions, rules and restrictions set by the Boarding Facility.
- Booking Modifications
You as a Tenant or Boarding Facility (Property Owner) are responsible for any modifications to a Booking that you instruct Staller Customer Service to make (“Booking Modifications“), and you agree to pay any Boarding Fees, Boarding Facilitation Service Fees, Payment Processing Fees, and/or Taxes associated with such Booking Modifications. You agree that Staller may collect such amounts by charging the Payment Method used to make your booking (or, if that Payment Method is not available, through any other authorized Payment Method in your Staller Account).
- All reservations are final and non-cancellable 24 hours before the check-in date. We encourage properties to display their own cancellation policy in the listing. Property Cancellation policy is determined by individual barns and property owners.
- Payment is collected from the tenant when the booking request is accepted by the Property Owner. If the Property cancellation policy is met, Staller Funds are transferred to the Property Owner when the cancellation date is met.
- The individual Property cancellation policy will be shown on each Listing. Staller encourages each property owner to publish the property cancellation policy. If an owner does not publish, refuses or forgets to include the cancellation policy of their listed barn, Staller will automatically show as a NO cancellation policy for that Listing as a default. An owner may submit their property cancellation via email or by calling Staller Customer Service.
- The property will to display their individual cancellation policy within its Listing. Properties that allow cancellations will indicate the final date and amount to be refunded. Refunds may be up to 100% of the booking fees, minus the 2% Payment Processing Fee. Staller charges 2% of the total refund amount (not including the security deposit) that is paid by the tenant as a cancellation fee.
- In the event of a Property Owner cancellation, Staller will try to rebook the Tenant or refund the 100% of the amount charged. Staller will refund all charges (except a 2% Cancellation Fee charged on the returned amount) to Tenants who cancel before individual cancellation policy of each barn is met. Cancellations must be made in writing via email and should be sent to Staller Customer Service or by phone to Staller Customer Service. An acknowledgement receipt must be received by the Tenant in order to verify the request to cancel.
- Staller cannot process cancellation requests after the Boarding Facility’s cancellation date.
In the event that a Tenants initiates a chargeback with their credit card company, for any booking fees, the Company will inform the Property Owner that a chargeback has been initiated. If the Company deems that the chargeback is not warranted, the Company will use commercially reasonable efforts to dispute the validity of the chargeback on the Property Owner’s behalf. Property Owner agrees to cooperate with the Company and to provide any information that may be reasonably requested by the Company in its investigation. You authorize the Company to share information about a chargeback with the Tenant, the Tenant’s financial institution, and Property Owner’s financial institution in order to investigate or mediate a chargeback. In the event that a chargeback dispute is lost but the funds have been paid to the Property Owner, the Company is authorized, without notice, to recapture such amount or to withhold such amount from any payment due to Property Owner now or in the future. Property Owner acknowledges that this is because when the Company receives a chargeback order, the funds are automatically debited from the Company’s account. Property Owner acknowledges that chargeback decisions are made by the applicable issuing bank, card networks, or NACHA and all judgments as to the validity of the chargeback are made at the sole discretion of the applicable issuing bank, card networks, or NACHA.
Staller makes no representations as to whether any sales & use taxes are required to be collected by members. Property Owners acknowledge that in the event sales & use taxes are required, they take full responsibility, indemnify Staller, and agrees to hold Staller harmless for any issues in the future that may arise. Additionally, Staller Users agree to (i) include local sales tax and any other fees like occupancy taxes or surcharges in the base rental rates set by the property owner (ii) assume responsible for updating their listings and
- Damage to Accommodations and Security Deposits
- As a Tenant, you are responsible for leaving the Boarding Facility (including any and all property located within the Boarding Facility) in the same condition it was when you arrived. Tenants are solely and personally responsible for its acts and omissions, as well as any individuals whom you invite to, or otherwise provide access to, the Boarding.
- Staller may in certain occasions collect 5% of the total amount for bookings made on behalf of the Property Owner as a refundable damage guarantee. This fee is not subject to Staller Service commission but is subject to and included in the Payment Processing Fee.
- The Security Deposit is forwarded to Property Owners with other fees once the individual cancellation policy is met. At the conclusion of the reservation, Staller will send a reminder to the Property Owner to reconcile the Security Deposit. It is the responsibility of the Property Owner to refund Security Deposits and Staller does not administer the refund of Security Deposits. All disputes are governed by the agreement between the Property Owner and Tenant. Additionally, Staller is not responsible for administering or accepting any Damage Claims by Boarding Facilities related to Security Deposits, and disclaims any and all liability in this regard.
- Overstaying without the Property Owner’s Consent
Tenants who overstay the agreed duration of the Booking may be subject to additional fees and penalties imposed by Property Owners at their discretion.
- Refund Requests.
Generally, no refunds are available outside those determined by the Cancellation Policy. If you believe you qualify for a refund exception, you may contact Staller Customer Support by sending your request including your reason for requesting a refund. Such refund will be at the sole discretion of Staller
- Payouts to Property Owners
- Generally speaking, Staller will collect the Total Fees from a Tenant at the time the booking request is accepted by the Property Owner (Boarding Facility), or at any other time mutually agreed between the Tenant and Staller. Staller will hold these fees until the property cancellation policy is met. At that date, the Boarding Fees (less applicable Staller Service Fee and Payment Processing fees), and the Security Deposits are released to the Property Owner. At that point, Staller is no longer responsible for financial transactions between Tenant and Property Owner.
- Staller may delay or cancel any Payout noncompliance or for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.
- Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, AND CONTENT, YOUR LISTING OR BOOKING OF ANY STABLE, PROPERTY OR ACCOMMODATIONS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS WHETHER IN PERSON OR ONLINE REMAINS WITH YOU.
IN NO EVENT WILL STALLER, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, CONSULTANTS, AGENTS AND/OR EMPLOYEES (COLLECTIVELY, THE “STALLER GROUP”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON THE SITE (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, LISTINGS OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, ANY USER-CONTRIBUTED CONTENT, ANY ACTUAL OR ATTEMPTED TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION, OR FROM YOUR LISTING, BOOKING, LEASING OR RENTING OF ANY STABLE, PROPERTY OR ACCOMMODATION VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW, AND WHETHER OR NOT STALLER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD-PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS AND YOUR USE OF THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING, LEASING AND/OR RENTING OF ANY STABLE, PROPERTY OR ACCOMMODATION VIA THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE STALLER GROUP, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO, FROM YOUR LISTING, BOOKING, LEASING AND/OR RENTING OF ANY STABLE, PROPERTY OR ACCOMMODATION VIA THE SITE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF UNDISPUTED SERVICE FEES STALLER HAS RECEIVED FOR BOOKINGS VIA THE SITE AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100) IN THE AGGREGATE FOR ALL CLAIMS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN STALLER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Additional Disclaimers.
- IF YOU CHOOSE TO USE THE SITE, SERVICES, LISTINGS, OR CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT STALLER DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, PROPERTY OWNERS AND TENANTS, BUT MAY CONDUCT SUCH CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
- THE SITE, SERVICES, LISTINGS AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STALLER EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. STALLER MAKES NO WARRANTY THAT THE SITE, SERVICES, LISTINGS AND CONTENT, INCLUDING, BUT NOT LIMITED TO, THE STABLE AND/OR PROPERTY LISTINGS OR ANY ACCOMMODATIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. STALLER MAKES NO WARRANTY REGARDING THE QUALITY, SUITABILITY, LEGALITY, OR SAFTEY OF ANY LISTINGS, ACCOMMODATIONS, STABLES, PROPERTIES, PROPERTY OWNERS, TENANTS, GUESTS, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE, SERVICES, LISTINGS OR CONTENT.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STALLER OR THROUGH THE SITE, SERVICES, LISTINGS OR CONTENT, WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY MADE HEREIN.
- YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PROPERTY OWNERS OR TENANTS. YOU UNDERSTAND THAT STALLER HAS NO OBLIGATION TO VERIFY THE STATEMENTS OF USERS OF THE SITE, SERVICES, LISTINGS OR CONTENT OR TO REVIEW OR VISIT ANY STABLES, PROPERTIES OR ACCOMMODATIONS. STALLER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, SERVICES, OR LISTINGS, OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, SERVICES OR LISTINGS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, PROPERTY OWNERS AND TENANTS. STALLER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY PROPERTY OWNER, TENANT OR OTHER THIRD PARTY.
- YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO, FROM AND WITHIN THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT OR OTHER TRANSMISSIONS MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER-CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE, INCLUDING PROPERTY LISTINGS, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
- YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD-PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO ANY STABLE LEASE AGREEMENT, RENTAL TRANSACTION OR OTHER TRANSACTION BETWEEN USERS OF THE SITE. WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SUITABILITY, LEGALITY OR SAFETY OF ANY TRANSACTION, STABLE, RENTAL PROPERTY, OR LEASE, OR THE TRUTH OR ACCURACY OF ANY LISTING OR OTHER CONTENT PROVIDED ON THE SITE.
- Release; Indemnification.
- IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER-CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE EACH MEMBER OF THE STALLER GROUP, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.
- YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD EACH MEMBER OF THE STALLER GROUP (COLLECTIVELY, THE "INDEMNIFIED PARTIES") HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM, CAUSES OF ACTIONS, DEMANDS, RECOVERIES, LOSSES, DAMAGES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES OF ANY KIND OR NATURE, ARISING OUT OF YOUR USE OF THE SITE, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, OR OTHERWISE RELATING TO THE BUSINESS WE CONDUCT ON THE SITE (INCLUDING, WITHOUT LIMITATION, ANY POTENTIAL OR ACTUAL COMMUNICATION, TRANSACTION OR DISPUTE BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY), ANY CONTENT POSTED BY YOU OR ON YOUR BEHALF OR POSTED BY OTHER USERS OF YOUR ACCOUNT TO THE SITE, ANY USE OF ANY TOOL OR SERVICE PROVIDED BY A THIRD PARTY PROVIDER, ANY USE OF A TOOL OR SERVICE OFFERED BY US THAT INTERACTS WITH A THIRD PARTY WEBSITE, INCLUDING WITHTOUT LIMITATION ANY SOCIAL MEDIA SITE, YOUR BOOKING, LEASE OR RENTAL OF A STABLE, PROPERTY OR SIMILAR ACCOMODATION, YOUR CREATION OF A LISTING, THE USE, CONDITION OR RENTAL OF A STABLE, PROPERTY OR ACCOMMODATION BY YOU, INCLUDING BUT NOT LIMITED TO ANY INJURIES, LOSSES, OR DAMAGES (COMPENSATORY, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE) OF ANY KIND ARISING IN CONNECTION WITH OR AS A RESULT OF A RENTAL, LEASE, BOOKING OR USE OF A STABLE, PROPERTY OR ACCOMMODATION, OR ANY BREACH BY YOU OF THESE TERMS OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN, INCLUDING WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM.
- WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.
- Disputes; Arbitration
- Any and all Claims will be resolved by binding arbitration. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Terms as a court would.
- The arbitration shall be held, and the parties irrevocably consent to arbitrate, in Palm Beach County, Florida. This includes any Claims you assert against us, our subsidiaries, or any companies offering products or services through us (which are beneficiaries of this arbitration agreement). However, each party retains the right to seek injunctive or other equitable relief in a state or federal court in Palm Beach County, Florida, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If for any reason a Claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
- Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
- Under no circumstances shall the arbitrator award damages in excess of or inconsistent with the limitations of liability contained in this Agreement, including Section 17.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to us. If we request arbitration against you, we will give you notice at the email address or street address you have provided.
- All legal and/or arbitration proceedings shall be confidential, and neither party shall publicize the nature of any dispute or the outcome of any proceeding except to the extent required by law, provided in such case the party required to make any disclosure informs the other party of such requirement to allow the other party to seek a protective order. The court or arbitrator, as the case may be, shall issue appropriate protective orders to safeguard each party’s confidential information.
- You further acknowledge and agree that you and Staller are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Staller otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. This Dispute Resolution section will survive any termination of these Terms.
- Additional General Terms
- Except as explicitly stated otherwise, any notices to us shall be given by postal mail to: Staller, Inc., Attn: Legal Department; 2700 N Miamia ave, Suite 808, Miami, (Florida), 33127.
- When we need to send you a notice, it will be sent to the email address you provide to the Site during the registration, booking, or inquiry process, or as later updated in your account (if applicable). Notice shall be deemed given upon receipt or 24 hours after an email is sent. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical address provided to us during the registration process or as later updated in your account (if applicable). Notice shall be deemed given three days after the date of mailing to a physical address.
- We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately.
- We also reserve the right, in our sole discretion and from time to time, to offer programs, products or services with unique terms and conditions that are separate from and may supersede or supplement in certain respects these Terms. In such cases, your use of the Site with respect to such special program is governed by these Terms together with the terms and conditions of such program, product or service.
- The Site’s rates and fees charged for any listing is subject to change without notice or approval. The types of products and services (including the features, terms and operation thereof) offered at the time of a user’s registration, listing, booking, renting and/or leasing are subject to the descriptions displayed at the time of use and are subject to change without notice or approval. We further reserve the right to offer additional products, services or features at any time.
- We do not separately file the Terms entered into by each user of the Site. Please make a copy of these Terms for your records by printing and/or saving a downloaded copy of the Terms on your personal computer. We may immediately terminate any user’s access to or use of the Site due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms. Our failure to take immediate action with respect to a breach by you or others does not waive our right to act with respect to such breach or any other breach.
- These Terms constitute the entire agreement between us and you with respect to the matters set forth herein, and supersede any prior agreements between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a listing, product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any arbitrator or court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
- We may assign these Terms in our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.
- SMS Text Messages
The Company may send you SMS text messages reminding you about certain matters relating to the rental e.g. to confirm a booking or to submit a payment for a booking you have made. By creating a Listing or requesting a booking, you agree to receive such text messages.
Although text messages are complimentary, message and data rates may apply. Depending on your text plan, you may be charged by your carrier. By enrolling for the Services, you certify that you are 18 or older and that the mobile number provided belongs to you.
Opt Out. To stop receiving text messages, please email the Company at firstname.lastname@example.org. After doing so, you will receive a text message confirmation of your opt-out, and thereafter, you will no longer receive text messages to your mobile number.
Opt Back In. You can start receiving reminder text messages again by emailing a request to the Company at email@example.com
Text messages are not compatible with all cell phone models. The Company is not responsible for any delays in sending or receiving text messages.
- Applicable Law; Attorney’s Fees.
These Terms will be governed by and construed in accordance with the laws of the state of Florida excluding its conflicts of law principles. The exclusive venue for any dispute relating to these terms will be Palm Beach County, Florida. In the event that any form of litigation, including arbitration, results from or arises out of these Terms or the use of the Site or its services, the Parties agree to reimburse the prevailing party's reasonable attorney's fees, court and/or arbitration costs, and all other expenses, whether or not taxable as costs, in addition to any other relief to which the prevailing party may be entitled.
- Warrants & Representations.
- Our services may only be used by users who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms. Each user represents and covenants that all information submitted to us and to the Site shall be true and correct.
- Each Property Owner represents and covenants that: (i) it owns and/or has all necessary rights and authority to offer for rent and to rent the stable and/or property listed by such Property Owner; (ii) it will not wrongfully withhold a rental deposit in breach of the underlying stable lease or rental agreement; (iii) it will accurately describe the subject stable and/or rental property, will not fail to disclose a material defect in, or material information about, a stable and/or rental property and will upon request, or otherwise from time to time, review the stable and/or property listing content and location or geographic description to ensure it is accurate and not misleading ; (iv) it will not wrongfully deny access to the listed stable and/or property; and (v) it will not fail to provide a refund when due in accordance with the applicable cancellation policy or underlying stable lease or rental agreement. In addition, if Staller, in its sole discretion, compensates a Tenant for a loss caused by acts or omissions attributable to a Property Owner, Staller reserves the right to pursue the Property Owner for the amount paid or contributed towards the loss.
- No Conflicts: Such party has the authority and capacity to perform all obligations of such party in accordance with this Agreement and that such acts of performance do not conflict with or violate any agreement, debenture, mortgage, applicable law, judgment, order, prohibition or decree affecting such party.
- Responsibility for Stable, Property and Tenant and Guest Liability; Insurance.
Users are responsible for obtaining insurance coverage sufficient to protect themselves, the stables, properties, and/or Tenants. Users agree that they have or will obtain the appropriate insurance coverage sufficient to cover the rental of the stable and/or property they list, lease or rent.
- Content, Layout and Copy.
- All content and copy edits submitted by Owners are subject to review and approval by us in our sole discretion. We reserve the right to refuse to publish any content that we determine that it does not meet these Terms or is otherwise unacceptable to us. However, we assume no duty to review content and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, listings, stables and/or properties, content and/or photographs or any change made to any content, photograph or copy submitted by any Property Owner. All content must meet these Terms. We reserve the right to edit content submitted to the Site in a non-substantive manner to ensure that the content complies with our guidelines or formatting requirements. Owners are responsible for reviewing and ensuring that any content displayed on the Site is accurate and appears as the Owner intended.
- Photographs should depict the stable and/or property rental as the main subject of the photograph and may not include children or adults if you do not have their legal consent or any information or images that would violate the privacy rights, intellectual property rights (including but not limited to copyright rights) or any other rights of a third party. We reserve the right to not display or to remove any photographs that we determine, in our sole discretion, do not meet these Terms or are otherwise unacceptable to us.
- It is the Property Owner’s responsibility to obtain any and all permissions required to use, post and grant the foregoing rights in all photographic and other material used in its listings. The Property Owner warrants that it is the owner of the copyright in such material or is authorized by the owner thereof to grant to us the rights therein contained and agrees to provide any proof of such rights to us that we may request. Moreover, each Property Owner agrees that we may reproduce in whole or in part any photographic material supplied by such Owner in the promotion of either such Owner’s stable and/or property or the Site. Each Owner further agrees that we may take, use, post and display our own photographic material of the stable and/or property in the promotion of either such Owner’s stable and/or property or the Site.
- By submitting a photograph to us, the Owner represents and warrants that (a) it holds all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given permission for their likeness to be displayed in an online listing on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the Staller Group from any cause of action arising from any misrepresentation with respect to any and all photographs so submitted or in the event of claims that the use of a photograph violates another party’s copyright.
- By allowing us to take, use, post or display our own photographic material of the stable and/or property in the listing of either such Owner’s stable and/or property or the Site, the Owner represents and warrants that (a) we hold all intellectual property rights (including but not limited to all copyright rights), (b) that any people in the photograph have given Owner and us permission for their likeness to be displayed in an online listing on the Site, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph, and (d) that it will indemnify and hold harmless the Site and any member of the Staller Group from any cause of action arising from any misrepresentation with respect to any and all photographs or in the event of claims that the use of a photograph violates another party’s copyright.
- Payment Method Requirements; Bank and Credit Card Fees.
No Property Owner may request any Tenant to mail cash or utilize any instant-cash wire transfer service such as Western Union or MoneyGram in payment for all or part of a stable and/or property rental transaction. Tenants and Owners are solely responsible for any and all other agreements made outside of the Site.
- Staller is not responsible for other services that are requested or booked outside of this service. (i.e., training, horseback riding
- Tenants and Property Owner Members who use Staller are prohibited from requesting booking and payment outside of the Staller service. If this occurs, Staller may terminate or suspend the Member from the use of the service.
- Any violation of this term or any other unacceptable payment methods that may be posted on the Site may result in the immediate removal of the non-conforming listing from the Site without notice to the Owner and without refund. From time to time, we may become aware of users attempting to conduct a transaction that would involve an unauthorized payment method or a fraudulent payment method. Ideally, we hope to be able to assist users in avoiding such transactions, but we assume no liability or responsibility to do so or to inform users of any such actual or suspected activity.
- Users’ bank or credit card companies may impose certain fees or charges, including, but not limited to, foreign transaction fees, related to any rental of a stable and/or property. It is the User’s obligation to review any agreement with its bank or credit card company concerning any such fees.
- Termination of Users & Listings; Other Remedies.
- If, in our sole discretion, any User submits unsuitable material to our Site or into our database, is not abiding by local regulations, is creating a nuisance, misuses the Site or our online system, or is in material breach of these Terms, we reserve the right to impact the listing(s) search position, and/or limit or terminate such User’s listing or use of the Site immediately.
- In addition, if we become aware of or receive a complaint or a series of complaints from any user or other third party regarding a Property Owner’s User’s listing or rental practices that, in our sole discretion, warrants the immediate removal of such user’s listing from the Site (for example, and without limitation, if a user engages in any practice that, in our sole discretion, would be considered deceptive, unfair or improper, if we determine or suspect that the user’s payment-related practices or procedures are not secure, legal or otherwise proper, or if we receive a complaint that any listing’s content infringes on the rights of a third party), then we may immediately terminate such user’s listing(s) without notice to the user. We assume no duty to investigate complaints. Finally, if any member is abusive or offensive to any employee or representative of the Staller Group, we reserve the right to terminate such User’s listing(s) or use of the Site immediately.
- Account Registration
- In order to access the Site and Application, and to book a Boarding Facility or create a Listing, you must complete the Staller account registration process and become a Member.
- Your Staller profile page will be created for use of the Site based upon the information you provide. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Staller reserves the right to suspend or terminate your Member Account and your access to the Site if we deem the to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of our Terms.
Please report any violations of these Terms to us immediately.
If you do not fully agree to these Terms, you are not authorized to access or otherwise use the Site. Under these Terms, "use" or "access" of the Site specifically includes any direct or indirect access or use of the Site or any cached version of the Site and any direct or indirect access or use of any information or content on the Site, regardless of how obtained and the term "Site" includes, without limitation, any cached version thereof. If you do not accept these terms of service, please do not use this Website. Be sure to return to this page periodically to review the most current version. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this Site signifies your acceptance of the updated or modified Terms.