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MEMBERSHIP AGREEMENT

Carl’s Cappers Membership

Please read the Terms of Use for the Membership carefully and in their entirety before purchasing and using Carl’s Cappers Membership (hereinafter referred to as the “Membership”). The Membership and its content are owned by Riding Paper Horses - DBA Carl’s Cappers

  1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Riding Paper Horses - DBA Carl’s Cappers

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Membership.

“You” or “Your” means the purchaser and person using the Membership.

  1. Consent:

By participating in the Membership, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.

  1. Disclaimer:

By participating in the Membership, you understand what Carl’s Cappers Team consists of horse racing enthusiasts and handicappers.

This Membership is for informational and educational purposes only. The information and education provided in this Membership is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should contain with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation. 

Although we do our best to make sure all of the Membership’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Membership’s information, or its safety or efficacy as it applies to you. 

  1. Assumption of the Risk

You should use your best judgment in using the information provided in the Membership, which is done at your own risk. It is your responsibility to discern the risk of using the Membership or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Membership. 

  1. Intellectual Property Ownership:

The Membership and its content, including, but not limited to all existing and new content are intellectual property owned by Carl Steffey and Riding Paper Horses - DBA Carl’s Cappers. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law. 

  1. No Sharing:

You cannot distribute, copy, forward, and/or share the Membership or its content with anyone else. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.

You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Membership, you will be removed from the Membership immediately and no refund will be issued.  

  1. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours. 

We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Membership. We are not responsible for the success or failure of your earnings, betting decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Membership.

  1. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any representations, guarantees, or warranties, of any variety, regarding the Membership in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Membership. The Membership is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law.  We are not liable for damages of any kind related to your use of the Membership.

While we strive to provide a safe and enjoyable gaming experience, we cannot be held responsible for any gambling-related losses or damages. Users are advised to gamble responsibly and within their means. If you or someone you know has a gambling problem, please seek help from reputable organizations such as the National Council on Problem Gambling (1-800-GAMBLER). 

  1. Your Release of Us, Indemnification, Hold Harmless:

To the fullest extent permitted by law, Riding Paper Horses - DBA Carl’s Cappers expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Membership, its materials, our website, or any other information obtained by you from us. By enrolling in the Membership, you hereby agree to this limitation of liability and release Riding Paper Horses - DBA Carl’s Cappers from any and all claims.

By participating in and/or purchasing the Membership, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Riding Paper Horses - DBA Carl’s Cappers, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Membership and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use. 

By enrolling in the Membership, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Riding Paper Horses - DBA Carl’s Cappers as stated in this section herein. 

  1. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable nature of the Membership, refunds will not be issued for the Membership once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email us at [email protected]. 

  1. Arbitration Clause:

If you have any complaint or should any issue arise in the use of the Membership, please contact us directly first by emailing [email protected]

However, suppose we are unable to amicably resolve your dispute in that manner. In that case, you agree that you and Riding Paper Horses - DBA Carl’s Cappers shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Murrieta, CA.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of California. The only award that can be issued to you is a refund of any payment made to Riding Paper Horses - DBA Carl’s Cappers for the applicable Membership. You are not permitted to seek additional damages, including consequential or punitive damages.

  1. Limitation of Liability:

Riding Paper Horses - DBA Carl’s Cappers are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Membership. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Membership or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

  1. Payment, Purchase, and Payment Plan Terms

General Payment Terms: 

When you pay for the Membership by credit card, you authorize and give permission to Riding Paper Horses - DBA Carl’s Cappers to charge your credit or debit card for the amount owed for payment of the Membership as well as charge your card on the same date of each month. You have the right to cancel your membership at any time in the billing settings of your account. When you purchase the Membership, your information (i.e. credit card and contact info) may be collected by the third-party merchants PayPal and Stripe (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Riding Paper Horses - DBA Carl’s Cappers is not responsible for the merchant’s independent policies or practices.

  1.   Severability 

The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.

  1. Entire Agreement

These Terms of Use contain the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.

  1. Choice of Law + Venue

These Terms of Use shall be governed by the laws of the state of California. Any action brought by any party arising out of or from these Terms shall be brought within California, County of Riverside County.

By purchasing and/or participating in the Membership, you implicitly signify your agreement to all of the terms in these Terms of Use.

If you have any questions about the Terms of Use, please contact us at [email protected]

Last Updated: September 27th, 2024