Terms and Conditions

This page describes the terms and conditions that apply to all users of the application of Ride to Win (hereinafter the “Application”).

By downloading and using the Application, you agree unconditionally to the terms and conditions (hereinafter “Terms”).

The Terms include the Terms of Use (Article 1), the Data Protection and Privacy Policy (Article 2), the Legal Notice (Article 3) and Information on Third-Parties’ Intellectual Property Rights (Article 4). These Terms constitute a binding agreement between you (hereinafter “you” or “user”) and Merial, Inc. (“Merial”) governing your use of the Application. If you do not agree with any provision of these Terms, please do not download or use the Application.

The Terms may be amended at any time and without notice, provided, however, that changes to the Terms of Use and Data Protection Policy will be brought to the prior knowledge of users. You acknowledge and agree that your use of the Application may be subject to acceptance of a revised version of the Terms.

The objective of the Application is to support performance horse owners in managing their horse’s health, training and competition.

1 Terms of Use

1.1 About the Application

The Application is a personal and interactive application developed by Merial, Inc., 3239 Satellite Blvd., Duluth, GA 30096, to support performance horse owners in managing their horse’s health, training and competition.

1.2.1 Using the Application

The Application may only be accessed by you through a username and a password that are personal to you and for your exclusive personal use. Enabling other individuals to use the Application through your username and/or password is strictly prohibited. You agree that at all times the information you provide on and to the Application will be true, accurate, and current, and you agree to update such information accordingly.

1.2.2 Information contained in the Application

You are permitted to use the Application for its intended purpose. You may also be able to print or download certain elements of the Application. You may use any material downloaded or printed from the Application only for personal and private use. You cannot use any of the elements of the Application for other purposes, including public or commercial uses, without having received prior written consent of Merial.

The Application is provided exclusively for personal and private use.

Merial does not provide veterinary advice or service. The Application may contain information about animal health or fitness. This information is provided via the Application for the purpose described in Article 1 and is not meant to be a substitute for the advice provided by your veterinarian.

1.3 Hyperlinks

1.3.1 Hyperlinks from the Application to third-party websites or third-party applications

The Application contains hyperlinks to websites and applications that are not owned or controlled by Merial. Merial has no way of controlling the content of third-party websites and third-party applications that remain totally independent of Merial. Merial shall not be liable for any content of a third-party website or a third-party application that you access from a hyperlink contained in the Application.

In addition, the existence of a hyperlink from the Application to a third-party website or third-party application does not mean that Merial approves or endorses in any manner whatsoever such third-party website nor such third-party application, and in particular the use that could be done thereof.

In any case, Merial shall not be liable in any manner whatsoever for the availability of such third-party websites and third-party applications and Merial does not monitor, does not check and does not endorse content, advertising, products or other materials available through such third-party websites and third-party applications.

1.3.2 Hyperlinks from third-party websites or third-party applications to the Application

Third-party websites and third-party applications may contain hyperlinks to the Application.
Merial does not review, does not control and does not endorse the content of third-party websites and third-party applications that contain hyperlinks to the Application and shall in no event be liable for any such hyperlinks or the content of such third-party websites and third-party applications on which they are inserted.

1.4 Intellectual Property

1.4.1 Merial’s Intellectual Property

The Application was developed by Sullivan Higdon & Sink along with Propaganda3, Inc. who assigned the rights in and to the Application to Merial.

The Application and all intellectual property rights associated therewith, such as author’s rights, copyrights, patents, trademarks, sui generis rights relating to databases, designs, logos, know-how and all other intellectual property rights (whether registered or not) contained in this Application are protected by the current laws on intellectual property and (i) are owned by Merial or its affiliates, or (ii) belong to third-parties and are used by Merial pursuant to an authorization of use granted by their owner, particularly those mentioned in Article 4 below.

Merial hereby grants you a limited, non-exclusive, non-transferable, personal and complimentary license to download, access and use the Application to the conditions and within the limits described in the Terms. Upon termination of your Application account, whether by you or by Merial, all licenses and other rights granted to you in these Terms and Conditions will immediately cease.

Apart from the license granted in the preceding paragraph, and to the extent permitted by applicable law, the Application and intellectual property rights associated therewith cannot be reproduced, used, or transferred without the prior written consent of Merial, or, if the rights over the said elements are held by third-parties, the consent of their respective owners.

No element of the Application may be copied, reproduced, modified, republished, uploaded, distorted, transmitted, or distributed in any manner whatsoever, in any medium whatsoever, in part or in whole, without prior written consent of Merial, or, if the rights over the said elements are held by third-parties, the consent of their respective owners, and subject to compliance with intellectual property rights and other property rights that are mentioned. You will not use our trademarks, copyrights, or other protected information or material except with our prior written permission

To the extent permitted by applicable law, any use of the components contained in the Application shall not be distorted, modified or altered in any way whatsoever. In addition, the user should not decompile, reverse engineer, disassemble the Application or disable a feature that could limit the use of the Application.

The user shall not modify, adapt, translate, rent or sublicense, lease, loan, sell, or distribute the Application and any intellectual property contained in the Application, or create derivative works of the Application or any part thereof without the prior written consent of Merial.

1.4.2 Your Intellectual Property

You own the content and information that you post on the Application. You control our content and information through the Application’s Settings.

Through your use of or access to the Application, you hereby grant to Merial a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the content or information that you post on or through the Application subject to the Privacy Policy.

You agree that the Application may place advertising and promotions on, about, or in conjunction with your Application content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you and we may not always identify paid services, sponsored content, or commercial communications as such.

You represent and warrant that: (i) you own or otherwise have all necessary right in and to any content or information posted by you on or through the Application and that such activity using the Application does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of content you post on or through Application; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

It is Merial’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Merial does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Merial or any of their affiliates is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

1.4.3 Third Party Intellectual Property

We respect other people’s rights, and expect you to do the same. You will not post any content or take any action on the Application that infringes or violates some else’s rights or otherwise violates the law.

If you believe that your intellectual property is being or has been infringed, please contact Merial here.

If we remove your content for infringing someone else’s intellectual property, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

1.5 Limitations of Liability

THE APPLICATION IS PROVIDED “AS IS”.

MERIAL MAKES NO REPRESENTATION AND NO WARRANTY OF ANY KIND OR NATURE WHATSOEVER CONCERNING (I) THE EXISTENCE OR USE OF THE APPLICATION AND (II) ANY INFORMATION OR INTERPRETATION OF INFORMATION STORED ON, OR GENERATED BY OR RECEIVED VIA THE APPLICATION. MERIAL DISCLAIMS AND EXCLUDES ALL LIABILITY AND WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR CONTRACT RELATED TO, WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF APPLICATION CHARACTER. MERIAL DOES NOT GUARANTEE THAT THE APPLICATION IS UP TO DATE AND DOES NOT GUARANTEE THAT IT WILL BE UPDATED ON ANY PARTICULAR SCHEDULE, OR AT ALL. MERIAL DOES NOT GUARANTEE THAT THE APPLICATION IS FREE OF BUGS, DEFECTS, ERRORS OR INACCURACIES OR THAT IT DOES NOT CONTAIN VIRUSES OR OTHER ELEMENTS THAT COULD DAMAGE YOUR COMPUTER OR YOUR MOBILE DEVICE.

CONSEQUENTLY, TO THE EXTENT PERMITTED BY LAW, MERIAL DISCLAIMS ANY LIABILITY:
– FOR ANY IMPRECISION, INACCURACY OR OMISSION RELATING TO INFORMATION AVAILABLE ON THE APPLICATION;
– FOR ANY DAMAGE RESULTING FROM FRAUDULENT INTRUSION BY A THIRD-PARTY LEADING TO A MODIFICATION OF THE INFORMATION OR MATERIALS AVAILABLE ON THE APPLICATION;
– AND MORE GENERALLY, FOR ANY DAMAGE, DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL, REGARDLESS OF ITS CAUSE, ORIGIN, NATURE OR CONSEQUENCES, EVEN IN THE EVENT THAT MERIAL HAS BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES CAUSED AS A RESULT OF (I) ACCESS OR THE INABILITY TO ACCESS THE APPLICATION, (II) THE USE OF THE APPLICATION, INCLUDING ANY DAMAGE OR VIRUS THAT MAY INFECT YOUR COMPUTER, YOUR MOBILE DEVICE OR OTHER PROPERTY, AND/OR (III) CREDIT GIVEN TO ANY INFORMATION PROVIDED DIRECTLY OR INDIRECTLY BY THE APPLICATION.

IN ADDITION, IT IS YOUR RESPONSIBILITY TO TAKE PRECAUTIONS TO AVOID CONTAMINATION OF THE APPLICATION BY ONE OR MORE “VIRUSES”, “TROJAN HORSES” OR ANY OTHER “PARASITES”.

1.6 Availability of the Application

You acknowledge that (i) it is technically impossible to provide the Application free of defaults and that Merial cannot take any responsibility for this; (ii) that defaults may lead to the temporary unavailability of the Application; and that (iii) the operation of the Application may be affected by events and/or items that Merial does not control, such as, for example, means of transmission and communication between you and Sanofi and Sanofi and other networks.
Merial and/or its suppliers may at any time, modify or discontinue, temporarily or permanently, all or part of the Application including to perform maintenance work and/or make improvements and/or changes to the Application. Merial is not liable for any modification, suspension or discontinuance of the Application and its consequences.

Merial may remove any content for any reason, without prior notice to you. Merial may continue to store removed content, without limitation, in order to comply with certain legal obligations, but such content may not be retrievable without a valid court order.

1.7 Governing Law

THE APPLICATION AND ITS CONTENT ARE GOVERNED BY GEORGIA LAW (EXCLUDING REFERRAL RULES ON CONCLICT OF LAWS) AND ANY DISPUTE OR CLAIM ANY RELATED THERETO WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS LOCATED IN GWINNETT COUNTY, GEORGIA OR THE NORTHERN DISTRICT OF GEORGIA.

1.8 Language

The Terms are available in English.

2 Data Protection Policy

2.1 Data Controller

Merial, Inc. is the data controller in regards to personal data processed by the Application and described in this Data Protection Policy.
Merial, Inc., 3239 Satellite Blvd., Duluth, GA 30096, 678-638-3000

2.2 Information which is processed and how it is used

Once the Application is installed, the Application can access: data which allows geographical positioning of your telephone, data relating to the equipment that you are using (for example, model, version of the operating system) and data relating to your use of the Application (for example, length of connection, computer crash), in order to collect aggregated anonymous statistical data and be able to improve the Application and its usage; your Facebook account, for the sole purpose of enabling you to share with your network information from the Application, etc). Through your use of the Application and acceptance of these Terms and Conditions, you expressly consent to the Application’s use of these Personal Data. Merial will use this Personal Data only in connection with extending further advertising communications and app developments.

2.3 Recipients

Data collected, including first name, last name, and email address, will be used by Merial, Inc. personnel and its related companies for the purpose of extending further advertising communications and app developments.
The data may also be transferred to third-party data processors in order to process the information in the ways described above, notably, GOOGLE ANALYTICS, for the purpose of monitoring app traffic.

2.4 Your rights in respect to personal data collected by Merial

If you no longer want to receive push notifications from Merial, Inc. you can revoke your consent to these operations by clicking on the section « Settings » on your telephone or tablet, and then clicking on the section « Push Notifications».

You have the right to access, modify, correct and delete your personal data through adjustment of your Horse Owner Information by clicking on the section << Settings >> on your telephone or tablet, and then clicking on the section << Horse Owner Information >>. You may also review the Application’s Privacy Policy here.

3 Legal Notice

3.1 Publisher of the Application

Propaganda3, Inc.
2101 Broadway Blvd.
Suite 11
Kansas City, MO 64108
816-474-6333

3.3 Hosting of Application Data

Merial, Inc.
3239 Satellite Blvd.
Duluth, GA 30096
678-638-3000

4 Information on Third-Parties’ Intellectual Property Rights

The Application contains certain protected by intellectual property rights owned by third-parties, and in particular:

4.1 Third-parties’ trademarks
The Application contains elements protected by trademarks owned by third-parties, and notably:
– Apple®, the Apple® logo, iPhone®, iTunes® App Store® are trademarks owned by Apple Inc. registered as trademarks in the U.S. and in other countries;
– Facebook® and Facebook® logo are trademarks owned by Facebook, Inc. registered as trademarks in various countries

The use of some of the above trademarks in the Application or in connection with the Application does not mean any kind of endorsement by their respective owners who are and remain totally independent of Merial.