Terms of Use

These Terms of Use (“Terms”) form a binding agreement between you and EquiAssist LLC, an Alabama limited liability company (“EquiAssist,” “we,” “us,” or “our”), governing your access to and use of the EquiAssist website at equiassist.com (and any successor domain), together with all related services, features, and content (collectively, the “Service”).

By accessing or using the Service, creating an account, posting a job, or submitting an application, you agree to these Terms, to our Privacy Policy, and to our Cookie Policy. If you do not agree, do not use the Service.

Please read Section 16 (Disclaimers), Section 17 (Limitation of Liability), Section 18 (Indemnification), and Section 21 (Dispute Resolution; Arbitration; Class Action Waiver) carefully. They limit our liability and affect your legal rights, including how disputes are resolved.

1. What EquiAssist Is, and Is Not

EquiAssist is an online job listing platform built for the equine industry. We provide a venue where employers (“Employers”) can post job opportunities and where job seekers (“Job Seekers”) can search listings and submit applications.

EquiAssist is solely a neutral venue and intermediary. We are not:

• an employer, employment agency, staffing firm, recruiter, or party to any employment or independent contractor relationship;
• a guarantor of any job, wage, placement, interview, response, or outcome;
• a verifier of the identity, legitimacy, licensing, credentials, qualifications, character, insurance, or background of any Employer or Job Seeker; or
• responsible for the content of listings or applications, the conduct of any user, or anything that occurs during the hiring process or in any workplace.

Any employment, contractor, training, or other arrangement formed through the Service is solely between the Employer and the Job Seeker. EquiAssist is not a party to it and has no control over it.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements and that your use complies with all applicable laws. The Service is intended for users in the United States, and we make no representation that it is appropriate or available for use in other jurisdictions.

3. Accounts

To access certain features, you must create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your login credentials and for all activity under your account. Notify us immediately at support@equiassist.com of any unauthorized use. We may suspend or terminate accounts at our discretion, including for any violation of these Terms.

4. Terms for Employers

If you post a listing or otherwise use the Service as an Employer, you additionally agree that:

• You are responsible for your listings and your hiring. You will post only genuine opportunities that you are authorized to fill, with accurate titles, locations, compensation, duties, and requirements. You are solely responsible for compliance with all applicable laws governing recruiting, hiring, employment, wages and hours, worker classification (employee versus independent contractor), eligibility to work, workplace safety, insurance (including workers’ compensation where required), anti discrimination, and equine operations.
• Lawful, non discriminatory listings only. You will not post listings that discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other characteristic protected by federal, state, or local law, and you will not state unlawful preferences or requirements.
• You will conduct your own due diligence. You are solely responsible for screening, interviewing, background and reference checks, license and credential verification, and any decision to hire. EquiAssist does not perform these on your behalf.
• No misuse of applicant data. You will use information received through the Service only to evaluate candidates for the relevant role, will keep it confidential, and will handle it in compliance with applicable privacy and data protection laws.
• Fees. Posting may require payment of fees as described at checkout. See Section 7 and our Refund, Cancellation, and Subscription Terms.

5. Terms for Job Seekers

If you use the Service as a Job Seeker, you additionally agree that:

• Your submissions are truthful. All information in your profile, resume, and applications is accurate and your own, and you are authorized to share it.
• You will conduct your own due diligence. You are solely responsible for evaluating the legitimacy, safety, and suitability of any Employer, listing, or opportunity before sharing information, attending an interview, accepting work, or working with horses. EquiAssist does not vet Employers or guarantee that a listing is genuine or safe.
• Direct dealings. Any communication, interview, agreement, or work arrangement is directly between you and the Employer. Use independent judgment and ordinary caution, particularly before paying money, sharing sensitive personal or financial information, or traveling to a location.

6. Not an Employment Agency or Consumer Reporting Agency

EquiAssist is a self service job listing platform. We are not an employment agency, and we do not procure employees for Employers or procure employment for Job Seekers within the meaning of any applicable law. We do not participate in or control hiring decisions.

EquiAssist is not a “consumer reporting agency” as defined by the federal Fair Credit Reporting Act (“FCRA”) or any comparable state law. We do not provide consumer reports, investigative consumer reports, or background screening, and the Service may not be used as a factor in establishing any person’s eligibility for employment in the manner regulated by the FCRA. Employers that obtain background checks, credit information, or other consumer reports are solely responsible for complying with the FCRA and all applicable laws, including any notice, authorization, and adverse action requirements.

7. Fees and Payments

Certain features, such as job postings, require payment. Prices and plan details are presented before purchase. Payments are processed by our third party payment processor, Stripe, Inc. By paying, you also agree to Stripe’s applicable terms, and you authorize the charges. Refunds, cancellations, and any automatically renewing plans are governed by our Refund, Cancellation, and Subscription Terms, which are incorporated into these Terms by reference. We may change pricing prospectively at any time. You are responsible for any applicable taxes.

8. User Content

“User Content” means anything you submit, post, or transmit through the Service, including listings, profiles, resumes, messages, and reviews. You retain ownership of your User Content. You grant EquiAssist a worldwide, non exclusive, royalty free, sublicensable license to host, store, reproduce, display, and distribute your User Content as needed to operate, promote, and improve the Service. You represent that you own or have the rights to your User Content and that it does not violate these Terms or any law or third party right. We may, but are not obligated to, review, moderate, or remove User Content at our discretion.

9. Feedback

If you send us suggestions, ideas, or other feedback about the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty free license to use and exploit the Feedback for any purpose, without obligation or compensation to you.

10. Acceptable Use

You agree not to:

• post false, misleading, fraudulent, “ghost,” or otherwise non genuine listings or applications;
• post unlawful, defamatory, harassing, abusive, obscene, or discriminatory content;
• impersonate any person or entity or misrepresent your affiliation;
• use the Service to send spam, solicitations, chain communications, or multi level marketing pitches, or to collect fees from Job Seekers as a condition of applying or working;
• harvest, scrape, crawl, or collect data about users or listings except as expressly permitted;
• introduce malware or attempt to gain unauthorized access to the Service, other accounts, or our systems;
• interfere with or disrupt the Service or circumvent any security or access controls; or
• use the Service for any purpose that is unlawful or prohibited by these Terms.

11. Copyright and DMCA Notices

We respect intellectual property rights and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice to our designated agent at legal@equiassist.com, or by mail to the address in Section 27, that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and enough information to locate it on the Service; (d) your contact information; (e) a statement that you have a good faith belief the use is not authorized by the owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or are authorized to act on the owner’s behalf. We may remove allegedly infringing content and terminate the accounts of repeat infringers.

12. Third Party Links and Content

The Service may contain links to or content from third parties. We do not control and are not responsible for third party sites, services, or content, and a link is not an endorsement. Your dealings with third parties are solely between you and them.

13. Intellectual Property

The Service, including its design, text, graphics, logos, and software, but excluding User Content, is owned by EquiAssist or its licensors and is protected by intellectual property laws. We grant you a limited, revocable, non exclusive, non transferable license to use the Service for its intended purpose. “EquiAssist” and our logos are our marks and may not be used without our prior written permission.

14. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

15. Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, for any reason, including suspected violation of these Terms. Sections that by their nature should survive termination will survive, including Sections 6, 8, 9, 13, 16, 17, 18, 21, 22, 23, and 26.

16. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.

Without limiting the foregoing, EquiAssist makes no representation or warranty that:

• any listing is genuine, accurate, complete, lawful, or safe, or that any Employer or Job Seeker is who they claim to be or holds any stated license, credential, qualification, or insurance;
• any Job Seeker will obtain a job, response, interview, or particular wage, or that any Employer will receive qualified applicants or any applicants at all; or
• the Service will be uninterrupted, secure, error free, or free of harmful components.

We do not screen, endorse, vouch for, or supervise any Employer, Job Seeker, listing, application, or hiring decision. You are solely responsible for your interactions and dealings with other users and for evaluating any opportunity. EquiAssist is not responsible for the conduct of any user, the truth of any listing or application, the outcome of any hiring process, the terms of any employment or contractor arrangement, or any act, omission, injury, loss, or dispute arising from them.

Equine specific notice. Work in the equine industry involves inherent and significant risks, including the inherent risks of equine activities, which may include the propensity of horses to behave in ways that result in injury, harm, or death. EquiAssist does not control, inspect, certify, or supervise any farm, barn, stable, horse, equipment, workplace, or working condition, and assumes no responsibility for workplace safety, equine handling, training, supervision, insurance, or compliance with any equine activity, occupational safety, or insurance law, including the Alabama equine activity liability statute. Employers and Job Seekers are solely responsible for their own safety, training, supervision, insurance, and legal compliance in connection with any work or equine activity.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EQUIASSIST AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR EMPLOYMENT OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

18. Indemnification

You agree to defend, indemnify, and hold harmless EquiAssist and its members, managers, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms or any law; (d) your interactions, dealings, employment, or contractor relationship with any other user; or (e) any equine activity, work, or workplace incident connected to an opportunity found through the Service.

19. Electronic Communications and Consent

By using the Service, you consent to receive communications from us electronically, including by email and by notices posted on the Service, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing. You consent to the use of electronic records and electronic signatures in connection with the Service.

20. Changes to the Service and Terms

We may modify or discontinue the Service at any time. We may revise these Terms by posting an updated version and changing the Effective Date, and material changes will be communicated as required by law. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

21. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO PARTICIPATE IN A CLASS ACTION.

Except for an individual action in small claims court, or a request for injunctive relief to protect intellectual property, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules, rather than in court. The seat of the arbitration will be Lawrence County, Alabama, unless the parties agree otherwise. The Federal Arbitration Act governs this Section.

You and EquiAssist waive the right to a jury trial and waive the right to bring or participate in any class, collective, or representative action. The arbitrator may award relief only on an individual basis.

Your right to opt out. You may opt out of this arbitration agreement by sending written notice to legal@equiassist.com within thirty (30) days after you first accept these Terms. Your notice must include your name and the email associated with your account. If you opt out, the remaining provisions of these Terms, including Section 22, still apply.

22. Governing Law and Venue

These Terms are governed by the laws of the State of Alabama, without regard to its conflict of laws rules. Subject to Section 21, any action not subject to arbitration will be brought exclusively in the state or federal courts located in Lawrence County, Alabama, and you consent to the personal jurisdiction of those courts.

23. Limitation of Actions

To the extent permitted by law, any claim arising out of or relating to the Service or these Terms must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.

24. Force Majeure

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, labor disputes, internet or utility failures, denial of service attacks, government actions, or epidemics.

25. Notices

We may provide notices to you by email to the address associated with your account or by posting on the Service. You may provide notices to us at legal@equiassist.com or by mail to the address in Section 27. Notices are deemed given when sent, for email or posting, or when received, for mail.

26. General

These Terms, together with the Privacy Policy, Cookie Policy, and Refund, Cancellation, and Subscription Terms, are the entire agreement between you and EquiAssist regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent, and we may assign them freely. There are no third party beneficiaries. Section headings are for convenience only and do not affect interpretation.

27. Contact

EquiAssist LLC
882 County Road 322, Moulton, AL 35650
Email: legal@equiassist.com