EquineTrader Terms & Conditions
Visitor Agreement
Effective Date: March 20, 2020
In this Visitor Agreement, the terms “EquineTrader,” "we," "us," and "our" refer to EquineTrader LLC. and the terms "you" and "your" refer to you as a user of our sites, mobile and other online applications and products and services (collectively, EquineTrader).
General ProvisionsBy using the EquineTrader, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and EquineTrader; please read it carefully. When using the EquineTrader, you may be subject to other posted terms and guidelines applicable to certain services available on or through EquineTrader. All terms and guidelines on the EquineTrader Sites, including our Privacy Statement, are part of this Visitor Agreement and incorporated herein by reference. Unless explicitly stated otherwise, any features or services available at any time on EquineTrader are subject to this Visitor Agreement. Accessing EquineTrader in any manner, even through automated means, constitutes your use of EquineTrader and your agreement to be bound by this Visitor Agreement. EquineTrader may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of EquineTrader after the posted effective date constitutes your agreement to be bound by this Visitor Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. EquineTrader may change, restrict access to, suspend, or discontinue EquineTrader, or any portion thereof.The material that appears on EquineTrader is for general informational purposes only. EquineTrader may, from time to time, contain errors. EquineTrader includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on EquineTrader, and you should not rely on it without independent verification.Please inform us of any materials or information on EquineTrader that you believe to be inaccurate. Please forward a copy of the materials or information to [email protected], along with an explanation of the inaccuracies.
Buying and Selling HorsesEquineTrader is an equine listing and information service that brings together buyers and sellers. EquineTrader is not a party to any transaction between equine buyers and sellers that originates on or through EquineTrader. Information about any horse is supplied exclusively by the individual seller. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller.Though we hope that all who come to EquineTrader will act honorably and treat each other fairly, we cannot verify the information that sellers supply or guarantee the horse they offer. Nor can we assure the seller of any horse that the payment he or she receives from the buyer is legitimate. When using EquineTrader to find a buyer for your horse, we urge you to use the same common sense and good judgment you would use in selling anything through, or responding to, a classified ad in the newspaper.
Buying a HorseThe prices listed by sellers on EquineTrader often exclude commissions, other charges, any or all of which may be added to the listed price to arrive at the final sale price of a particular horse. Before purchasing a horse on EquineTrader, you should confirm with the seller any information, including the price that is important to your purchasing decision. EquineTrader is not responsible for, and does not guarantee the health of any horse listed on EquineTrader.We may screen some email messages sent through EquineTrader to sellers about horses listed on any EquineTrader Sites. If it appears that your email message has not reached the seller of the horse you are inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.
Listing Your HorseIn order for you to offer a horse for sale through our Sell Horse service for private sellers, you must agree to our Terms of Sale. The Terms of Sale require, among other things, that you be prepared to sell your horse at the price at which, and on the terms on which, you have listed it. You must have possession of the actual horse listed and the ability to transfer ownership. To list a horse for sale on EquineTrader, sellers also are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any horse listed for sale on EquineTrader, nor may you use EquineTrader to promote, without our prior written permission, any other website, product, or service.By using EquineTrader to sell your horse as a private seller, you represent that you are at least 18 years of age.Responsibility for the information contained in each listing lies with each seller. You alone are responsible for the material you post, including listing information and photos of your horse, and for the content of all email messages you transmit through EquineTrader. By listing a horse for sale on EquineTrader, you agree to use the email addresses of those responding to your listing only to communicate with them about the potential sale of that individual horse.
Third-Party ServicesFor your convenience, we make available a variety of links to other websites that we do not operate where you can obtain equestrian-related products and services.Although we make available links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through EquineTrader, including payment and delivery of goods or services and any other terms are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on EquineTrader.
Ownership and PermissionsEquineTrader is provided to our end users for their personal, non-commercial use only. The materials on EquineTrader are the property of EquineTrader or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on EquineTrader. You may not store any significant portion of, nor distribute copies of, materials found on EquineTrader, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on EquineTrader should be sent to [email protected]EquineTrader and the EquineTrader logo are all trademarks owned by us. You may not use any trademark or service mark appearing on EquineTrader without the prior written consent of the owner of the mark.You acknowledge that by transmitting or posting any material on or through EquineTrader, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via EquineTrader. Among other uses of user materials, EquineTrader uses listings data to derive useful information (such as equestrian valuation information) for display, sale and distribution.
User ContentEquineTrader allows users to publish listings, and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Visitor Agreement and to the policies of their third-party providers.You assume total responsibility and risk for your use of any interactive areas of EquineTrader. You acknowledge that any of the user-generated content posted or transmitted through EquineTrader represents the views of the author, and not of EquineTrader. You also acknowledge that your use of or reliance on such content is at your own risk.When publishing anything to EquineTrader or using any social media tools, you agree that you will not post or transmit:any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;any copyrighted material unless you own or control the copyright in and to such material;material discussing illegal activities or linking to websites that deal with such activities.material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person's privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;profanity in subject lines, messages, or signatures;material that breaches another's privacy, i.e., containing phone numbers, addresses, or other personal information;spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted; material that contains advertisements or commercial solicitations; You further agree that you will not attempt or do any of the following:collect information about others without their consent;attempt to gain unauthorized access to any part of EquineTrader, to accounts that belong to other users, or to computer systems or networks connected to EquineTrader;engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such web robots, crawlers, or spiders;interfere with the use of EquineTrader by any other individual or party;impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary user names or other aliases;share any user name and/or password you have on EquineTrader with any other persons.interfere with or disrupt EquineTrader or our computer systems, servers, or networks;Without limiting any of EquineTrader’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have on EquineTrader or on our affiliated websites and services, and/or a ban from creating new accounts.Although EquineTrader cannot monitor all of the listings and content posted to EquineTrader, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to EquineTrader, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, EquineTrader takes no responsibility and assumes no liability for any content posted to EquineTrader by you or by third parties.
Termination You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of EquineTrader to which we restrict access.
DISPUTE RESOLUTION – MANDATORY ARBITRATION AND CLASS ACTION WAIVER
ARBITRATION AGREEMENT. YOU AND EQUINETRADER AGREE THAT ANY CLAIMS OR DISPUTES (“Claims”) THAT ARISE OUT OF OR RELATE IN ANY WAY TO THE TERMS OF THE VISITOR AGREEMENT, EQUINETRADER, OR ANY SERVICE (INCLUDING BUT NOT LIMITED TO BILLING DISPUTES) SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION OR IN SMALL CLAIMS COURT. In arbitration, there is no judge and no jury. Instead, Claims are decided by an arbitrator whose authority is created by and governed by this arbitration agreement. Review of arbitration awards in the courts is very limited.
ARBITRATION PROCEDURES: You and EquineTrader agree that your agreement affects interstate commerce, and the Federal Arbitration Act applies. All arbitrations shall be conducted by JAMS Endispute under its Streamlined Arbitration Rules and Procedures (“JAMS”). These Rules are available on the JAMS website at http://www.jamsadr.com or by calling 1.800.352.5267. If there is a conflict between the JAMS Rules and this arbitration agreement, then this arbitration agreement shall control. EquineTrader will pay all filing fees and costs associated with commencing an arbitration, but you will be responsible for paying your own attorneys’ fees (if you chose to use an attorney in arbitration) unless you prevail in the arbitration and the arbitrator finds that you are entitled to recover your fees under the law. Except for claims determined to be frivolous, EquineTrader agrees not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law. If you bring an arbitration against EquineTrader, the arbitration hearing will be held in your hometown area, unless we both agree on a different location.
CLASS ACTION WAIVER: YOU AND EQUINETRADER AGREE THAT ALL CLAIMS BETWEEN US WILL BE RESOLVED IN AN INDIVIDUAL ARBITRATION. WE BOTH AGREE THAT THERE WILL BE NO CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTIONS IN ARBITRATION. In addition, neither you nor EquineTrader may participate in a class or representative action in court as a class member if the claims asserted in the litigation would fall within the scope of this arbitration agreement if asserted directly by you or EquineTrader. To be clear, you and EquineTrader both waive any right to participate in any class action involving disputes between us. This class action waiver is an essential part of our arbitration agreement and may not be severed.
SURVIVAL: This arbitration agreement survives the termination of this Visitor Agreement between you and EquineTrader.
JURY TRIAL WAIVER. You and EquineTrader expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY.
Disclaimer of Warranties, Limitation of Liability, and IndemnificationIF YOU RELY ON EQUINETRADER OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH EQUINETRADER, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH EQUINETRADER. EQUINETRADER IS PROVIDED TO YOU "AS IS." EQUINETRADER AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH EQUINETRADER (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH EQUINETRADER). NOR DO WE OR THEY GUARANTEE THAT EQUINETRADER WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT EQUINETRADER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EQUINETRADER AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO EQUINETRADER BY YOU OR ANY THIRD PARTY.UNDER NO CIRCUMSTANCES WILL EQUINETRADER OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF EQUINETRADER OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON EQUINETRADER, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF EQUINETRADER AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO EQUINETRADER WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF EQUINETRADER OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER'S RIGHTS ARISING FROM OR IN CONNECTION WITH EQUINETRADER.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.YOU AGREE TO INDEMNIFY EQUINETRADER AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY'S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF EQUINETRADER OR ANY BREACH OF THIS VISITOR AGREEMENT.EquyineTrader reserves the right to disclose any information we collect through user accounts and registrations in accordance with our Privacy Statement.
Notice of Copyright Infringement If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via EquineTrader, please notify us by sending an email to [email protected]. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on EquineTrader the allegedly infringing material appears that will allow us to locate the material; (4) your contact information, including your address, telephone number, and, if available, email address; (5) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.