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Terms and Conditions of Use

HorseBuyer.com ("Site" or "Company") offers you a wide range of products and services ("Materials" or "Services") via this web site. Please review the following terms that govern your use of the Site. Please be advised that your use of this web site constitutes your agreement to follow and be bound by the following Terms and Conditions.

Attention:
This Site and these Terms and Conditions may be changed by HorseBuyer.com with or without notice. Please review this link on a regular basis for changes. Continued use of this web site following any change constitutes your acceptance of the change.  HorseBuyer.com does not guarantee the sale of your horse, your horse's services, your products or services or any other product or service advertised on HorseBuyer.com’s site. HorseBuyer.com does not guarantee the owner/seller's services, representations, or any horse's performance or fitness for a particular purpose. In addition, HorseBuyer.com strongly recommends that a pre-purchase exam should be performed by the buyer's equine veterinarian of choice, on any horse prior to purchase. HorseBuyer.com does not guarantee or warrant the performance of any person or entity advertising on its site. HorseBuyer.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
 
Terms and Conditions
HorseBuyer.com provides users with access to a rich collection of resources including various communication tools, classifieds services, shopping services, personalized content, and site hosting. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for HorseBuyer.com to provide the Service. You also understand and agree that the Service may include certain communications from HorseBuyer.com, such as service announcements, administrative messages, advertising partner messages and Site updates.  You understand and agree that the Service is provided "AS-IS" and that HorseBuyer.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
 
Use of Materials and advertising Services
You may not use or distribute material within this website without the permission of HorseBuyer.com.  You agree to pay, in advance, all amounts or fees owed to HorseBuyer.com for the placement of your Ad, whether or not you upload a photo or video with your Ad. Upon HorseBuyer.com's receipt of all amounts or fees owed for the selected Ad, you shall have the right to upload a photo or video with your Ad (depending on the type of Ad purchased) at anytime up and until the expiration or cancellation of the Ad, whichever occurs first. If you elect to place a photo or video with your Ad, you shall have the responsibility of providing and uploading your photo or video with your Ad. The photo or video upload shall comply with all requirements and procedures set forth by HorseBuyer.com. HorseBuyer.com may, upon request, provide technical assistance if needed.

As further consideration for the payment, in advance, of all amounts or fees owed HorseBuyer.com for placement of your Ad, and in the event you do not upload a photo or video with your Ad, for any reason whatsoever, you shall retain the right, but not the obligation, to upload a photo or video for any subsequent Ad of the same type (Horse for Sale or Stallion at Service, and so on) purchased from HorseBuyer.com. This right to upload a photo or video shall expire thirty-six (36) months from the date you placed your first Ad or the upon exercise of that right, whichever first occurs. The right to place a photo or video may be transferred to any subsequent Ad of the same type (Horse for Sale or Stallion at Service, and so on) that you purchase from HorseBuyer.com. The right to upload a photo or video belongs solely to you and may not be assigned or transferred to any other person or entity without the express written consent of HorseBuyer.com.

HorseBuyer.com does not expressly or impliedly guarantee the sale of your horse, your horse's services, nor the owner's products or services. All advertisement listings are subject to reasonable editorial changes to maintain the integrity and prestige of our service. If you provide contact information for people interested in your horse(s) products or services, HorseBuyer.com is not responsible for any misuse of this information. It is your responsibility to remove your ad from the HorseBuyer.com service upon sale or transfer. HorseBuyer.com is not responsible for typos or accidental errors appearing on the service. HorseBuyer.com is not responsible for violations created or caused by service users and/or customers. Potential violations include, but are not limited to: copyright, trademark, trade names, patents, or other violations of any local, state, federal or international laws. HorseBuyer.com, in its sole discretion, may display your classified ad on any, some or all of its partner Networks without your consent. We suggest that you report any incidents of fraud to the Internet Crime Complaint Center and your local authorities. Subject to court order or law enforcement directions HorseBuyer.com reserves the right to remove or not remove an ad based on the accusation of fraud. Postings on HorseBuyer.com are dynamic and HorseBuyer.com is not responsible for saving variations and changes to postings. HorseBuyer.com does not as a matter of course retain copies of expired postings.

Privacy Policy
Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

User Submissions and Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (here-in-before and after the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not HorseBuyer.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. HorseBuyer.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HorseBuyer.com be liable in any way for any Content, including, but not limited to, for 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 Service. You agree to not use the Service to:
  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, a Equine.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  10. "stalk" or otherwise harass another; or
  11. collect or store personal data about other users.

You acknowledge that HorseBuyer.com may not pre-screen Content, but that HorseBuyer.com.com shall have the right (but not the obligation) in their sole discretion to refuse to publish or remove any Content that is available via the Service. Without limiting the foregoing,  HorseBuyer.com in their sole discretion, shall have the right to remove any Content that violates any provision of the TOS or is otherwise objectionable.


User Information and Obligations
We will not sell or distribute users information to any third party.  In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or HorseBuyer.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, HorseBuyer.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). When you create an HorseBuyer.com Account and allow your child to access the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children using the HorseBuyer.com account. By allowing a child to use your HorseBuyer.com account, you also give your child permission to access all of the Services including, email, message boards, instant messages and chat (among others). Please remember that the service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 8 below) are appropriate for your child.

Termination and Agreement Components
You agree that HorseBuyer.com may, under certain circumstances and without prior notice, immediately terminate your HorseBuyer.com account, any associated Content, and access to the Service. Grounds for such termination shall include, but shall not be limited to, (a) breach or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) extended periods of inactivity, (g) failure to pay for the Service, and (h) violations of any law, statute, treaty or rule pertaining to your use or connection to the Service. Termination of your HorseBuyer.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in HorseBuyer.com sole discretion and that HorseBuyer.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

Linking
Please make sure you are allowed to link your website to your listing.  HorseBuyer.com will not be held responsible for anyone using information that is provided by users. The Service may provide or third parties may provide links to other World Wide Web sites or resources. Because HorseBuyer.com has no control over such sites and resources, you acknowledge and agree that HorseBuyer.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HorseBuyer.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Copyright and Trademark Notice
 All images and content are used for HoreBuyer.com discretion. The HorseBuyer.com logo, Network logo, trademarks and service marks and other HorseBuyer.com logos and product and service names are trademarks of HorseBuyer.com  Without HorseBuyer.com's prior written permission, you agree not to display or use in any manner, the HorseBuyer.com Marks and Logos.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT HORSEBUYER.COM ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HORSEBUYER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Disclaimer of Warranties
HorseBuyer.com does not guarantee the sale of your horse, your horse's services, your products or services or any other product or service advertised on HorseBuyer.com’s site. HorseBuyer.com does not guarantee the owner/seller's services, representations, or any horse's performance or fitness for a particular purpose. In addition, HorseBuyer.com strongly recommends that a pre-purchase exam should be performed by the buyer's equine veterinarian of choice, on any horse prior to purchase. HorseBuyer.com does not guarantee or warrant the performance of any person or entity advertising on its site. HorseBuyer.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

Applicable Laws
HorseBuyer.com is not to be held responsible for any content or information that users have placed in their listings. 

General
We strive to bring you the best online experience for all of your equestrian needs.
  1. Entire Agreement. The TOS constitute the entire agreement between you and HorseBuyer.com and governs your use of the Service, superceding any prior agreements between you and HorseBuyer.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other HorseBuyer.com services, affiliate services, third-party content or third-party software.
  2. Choice of Law and Forum. The TOS and the relationship between you and HorseBuyer.com shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions.
  3. Waiver of Jury Trial; Arbitration. You agree to submit any dispute arising out of this Agreement to binding Arbitration. Either party may submit any dispute arising out of the terms of this Agreement to binding arbitration administered by the American Arbitration Association under the Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. The parties agree that any such controversy shall be submitted to three arbitrators selected pursuant to the provisions of the American Arbitration Association Commercial Arbitration Rules. This arbitration agreement applies regardless of the claims or causes of action alleged. The arbitrators’ award will be final and binding, but in no event can an award exceed the amount of direct compensatory damages actually incurred by the claiming party, and no party can recover for anything other than the benefit of the bargain under the agreement. The parties further agree that no punitive or exemplary damages can be considered or awarded by the arbitrators. The parties agree that the American Arbitration Association Commercial Arbitration Rules are modified as follows: the procedures set forth in Georgia's Rules of Civil Procedure applicable in Georgia will govern the arbitration, including those relating to disclosures and listing of witnesses and exhibits, initiation and completion of discovery, and dispositive motions. The parties agree that any arbitration conducted in this case shall be held in Marietta County, Georgia.
  4. Attorneys’ Fees. In the event it becomes necessary for any party to employ counsel to enforce any of the provisions of the TOS, or the breach thereof, then, in that event, the non-prevailing party agrees to pay to the other party all of such other party’s costs and expenses, including reasonable attorneys’ fees.
  5. Waiver and Severability of Terms. The failure of HorseBuyer.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
  6. No Right of Survivorship and Non-Transferability. You agree that your HorseBuyer.com account is non-transferable and any rights to your HorseBuyer.com member account, password, ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
  7. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  8. Miscellaneous. If any provision in the TOS is held to be illegal, invalid or unenforceable, such provision shall be reformed to reflect the intent of the parties and the economics of the transaction and the validity, legality or enforceability of the remaining provisions will not, in any way, be affected or impaired thereby.
  9. Headings contained in the TOS are included for convenience only and form no part of the agreement between the parties. If a question of interpretation arises, the Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
If you have any questions regarding the Terms and Conditions for this web site, please contact us.