Terms & Conditions

Agreement between User and TJ Hoof Hub Mobile Application

Welcome to TJ Hoof Hub, brought to you by TJ Hoof Care. The TJ Hoof Hub mobile application (the “App”) is comprised of various pages operated by TJ Hoof Care. TJ Hoof Hub is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices herein (the “Terms”). Your use of TJ Hoof Hub constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

TJ Hoof Hub is a Software as a Service (SaaS) App. By accepting these Terms and Conditions with use of the App, you give TJ Hoof Care permission to collect reoccurring monthly payments from your preferred payment method provided during your account setup process.

TJ Hoof Hub is intended to provide an efficient and insightful program for hoof trimmers in the cattle industry. This App will enable hoof trimmers to digitally document their work, upload photos for healing progress management, create custom customer profiles, manage their calendar, generate hoof health reports, create job summaries, create and send custom invoices, collect digital payments from customers, monitor their inventory of hoof trimming supplies, create custom items and pricing, communicate with customers, monitor business statistics, and more.

Privacy

Your use of the App is subject to TJ Hoof Care’s Privacy Policy. Please review our Privacy Policy, which governs the App and informs users of our data collection practices.

Electronic Communications

Utilizing TJ Hoof Hub and its features constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and/or on the App, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and/or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that TJ Hoof Care is not responsible for third party access to your account that results from theft or misappropriation of your account. TJ Hoof Care and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Customer Data Ownership and Transfers

We understand that one customer may have multiple hoof trimmers, therefore, data sharing between multiple users may be necessary and will be permitted with the written consent of the customer.

In the event that you as the user no longer work for a particular customer, you may transfer your customer data to another user of the App only under the condition that all parties, which includes the customer whose data you are requesting to transfer, you as the current owner of the customer, and the new user requesting that customer’s data, mutually agree that this customer data shall transfer out of your App and shall now be owned by the new user as requested by the customer. You as the user and current owner of this customer reserve the right to limit or restrict the new user from receiving any financial or product information from your App. In regard to hoof health data, the customer is the ultimate owner of their cow’s data, and they reserve the right to share hoof health history with their new hoof trimmer.

Children Under Thirteen

TJ Hoof Care, the App, and any affiliated third parties do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of thirteen, you may use the App only with permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your subscription at any time. Upon cancellation, the user acknowledges that they cancel their right to access any data within the App. Cancellations made after 2 full consecutive months of service will not qualify for a refund. Please contact us at travis@tjhoofhub.com with any questions.

Links to Third Party Services

Certain services made available via the App are delivered by third party sites and organizations. By using the App, you hereby acknowledge and consent that the App may share such information and data with any third party with whom TJ Hoof Care has a contractual relationship to provide the requested service or functionality on behalf of TJ Hoof Hub users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use TJ Hoof Hub strictly in accordance with these terms of use. As a condition of your use of the App, you warrant to TJ Hoof Care that you will not use the App for any purpose that is unlawful or prohibited by these Terms. You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the App.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the App, is the property of TJ Hoof Care or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the App. TJ Hoof Hub content is not for resale. Your use of the App does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your professional, personal use and will make no other use of the content without the express written permission of TJ Hoof Care and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TJ Hoof Care or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The App may contain shared lists, calendars, push notifications, and/or other message or communication facilities designed to enable you to communicate with your connected customers or third parties (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as privacy and publicity) of others; publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, which cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

TJ Hoof Care has no obligation to monitor the Communication Services. However, TJ Hoof Care reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. TJ Hoof Care reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

TJ Hoof Care reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TJ Hoof Care’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. TJ Hoof Care does not control or endorse the content, messages or information found in any Communication Service and, therefore, TJ Hoof Care specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized TJ Hoof Care spokespersons, and their views do not necessarily reflect those of TJ Hoof Care.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to TJ Hoof Hub or Posted on Any TJ Hoof Care Web Page

TJ Hoof Care does not claim ownership of the materials you provide to the App (including feedback and suggestions) or post, upload, input or submit to any TJ Hoof Care App, web page, or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting TJ Hoof Care, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. TJ Hoof Care is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in TJ Hoof Care’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

International Users

The Service is controlled, operated, and administered by TJ Hoof Care from our office within the United States of America (USA). If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TJ Hoof Care Content accessed through the App in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend and hold harmless TJ Hoof Care, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TJ Hoof Care reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TJ Hoof Care in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning theses Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TJ Hoof Care agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TJ HOOF CARE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME.

TJ HOOF CARE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TJ HOOF CARE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TJ HOOF CARE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TJ HOOF CARE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

Termination/Access Restriction

TJ Hoof Care reserves the right, in its sole discretion, to terminate your access to the App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the State of California, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TJ Hoof Care as a result of this agreement or use of the App. TJ Hoof Care’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TJ Hoof Care’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by TJ Hoof Care with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TJ Hoof Care with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and TJ Hoof Care with respect to the App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

TJ Hoof Care reserves the right, in its sole discretion, to change the Terms under which the App is offered. The most current version of the Terms will supersede all previous versions. TJ Hoof Care encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

TJ Hoof Care welcomes your questions or comments regarding the Terms:

TJ Hoof Care – TJ Hoof Hub

Mailing Address: 210 Waters Edge Drive, Waterford, CA 95386

Email Address: travis@tjhoofhub.com

Telephone Number: 1 (209) 988-2704 or 1 (209) 620-6744