EquineADZ, LLC is a West Virginia
limited liability company formed under the laws of the State
of West Virginia,
doing business
as EquineADZ.com.™
DESCRIPTION OF SERVICE
EquineADZ.com™ provides
ONLINE CLASSIFIED ADVERTISING for horses, stallion services,
tack, equipment, vehicles
or other services
or supplies which are posted on the EquineADZ.com™ internet
classified advertisement website. EquineADZ.com™ is not an
agent, broker, or dealer in the horses, stallion services,
tack, equipment,
vehicles or other services or supplies which may be advertised
for sale on this site. GENERAL PROVISIONS
EquineADZ.com™ provides
services to you upon the terms and conditions stated herein,
which may be amended
by us from time
to time without
notice to you. In consideration of your use of the internet
based classified advertisement services provided by EquineADZ.com™,
you must agree to accept all of the terms and conditions
stated herein, together with any modifications or amendments
thereto.
In the explanation of the terms and conditions which apply
to
your use of this site and to our services, the term "you,” “your” or “user” shall
mean the user of the service, whether that user is a person,
a corporation, a partnership, or other businesses or business
related entity. The terms “us,” “we,” “our” or
words of like import shall mean EquineADZ.com™. EquineADZ.com™
is not involved in the actual transaction between buyers
and sellers, and does not guarantee the sale
of horses
placed for advertisement on this site, nor the sale of
any other services, tack, equipment, vehicles or other services
or supplies
listed on this site. EquineADZ.com™ also does not guarantee
the satisfaction of any purchases made as a result of the
use of its web based classified advertisement service,
does
not
guarantee any owner/seller's services, representations,
and does not guarantee
any horse's performance or fitness for a particular purpose.
Equine.ADZ.com™
does not guarantee or warrant the performance of any person
or entity advertising any items, services
or supplies on its site. We also do not control the content
of any advertisement
posted on its website, nor do we guarantee the accuracy,
integrity or quality of any such content. Users placing
ads
on our website
are responsible for the content of their advertisements,
are responsible to proofread their advertisements, and
are responsible
for confirming that correct photos have been displayed.
EquineADZ.com™
does not control and is not liable in any way for any information
or content posted by users
on its
website,
including, but not limited to, any errors or omissions
in the content or information posted by users. EquineADZ.com™
is,
likewise, not liable for any loss or damage of any
kind incurred
as a result
of the use of any information or content posted, emailed,
transmitted or otherwise made available via its website.
All information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
posted on
the EquineADZ.com™ website are the sole responsibility
of the
person from whom such
information or other content originated. This means
that users placing advertisements on this website,
and not
EquineADZ.com™, are entirely responsible for any
and
all such information
and
other content that is uploaded, posted, emailed,
transmitted or otherwise made available via the services
provided
by EquineADZ.com™. EquineADZ.com™ will not be responsible
for violations created
by its users and/or customers, including but not
limited to: copyright violation, trademark violations, trade
names
or patents,
or other content which is in violation of any local,
state or federal laws.
Service interruptions relating to the operation
of the EquineADZ.com™ website are possible, and we cannot
guarantee uninterrupted
service due to circumstances beyond our control.
The on-line
classified advertisement services of EquineADZ.com™ are
provided on an “as-is” basis, and EquineAdz.com™
assumes no responsibility for the timeliness, delivery errors,
deletion, or failure to store any user communications or
personalization settings. All users are responsible for obtaining
access to
the services provided by EquineADZ.com™, and that access
may involve third party fees (such as Internet service provider
or airtime charges). You are responsible for those fees,
including
any and all fees associated with the display or delivery
of advertisements. In addition, you must provide and are
responsible
for all equipment necessary to access our service.
Our photo
ads have a per-image fee which is subject to change. This
is a setup, hosting, and bandwidth fee. Photo(s) will
remain on any advertisements placed until the horse, item
or service is sold, removed by the owner, or the purchased
advertisement
time period has passed--whichever comes first. All fees
paid are non-refundable.
All advertisement listings are subject
to reasonable, non-substantive, editorial changes or deletion
to maintain the integrity
and prestige of the services provided by EquineADZ.com™.
Slanderous
or malicious advertisements are not permitted on EquineADZ.com™,
and any user who attempts to place any such advertisement
on our website will have their account immediately suspended,
with no refund of any amounts having been paid to be
owing to the user as the result of such suspension.
EquineADZ.com™
will not place advertisements on its website for any horses
where an ownership dispute is found to
exist. If found, such advertisements will be immediately
deleted
and the user's further access to their account will
be suspended or terminated, and no refund of any remaining
balance paid
by the user will be made.
Solicitation or spamming of
other users through our site or our advertisements is not
permitted. If we
discover
that you
have sent any type of unsolicited email (spam) to
other users of our site for the purpose of advertising your
own services,
your account will be disabled, your advertisements
will be deleted, your email will be blocked from
further
ad
responses,
and you will be reported to the authorities as a
spammer. If you see a slanderous or malicious advertisements
on our site
or receive unsolicited email (spam) from another
user
such as someone trying to sell you their own services
via our
advertisement response forms, you may contact
us so that such persons or
entities can be blocked from further use of our site
in this manner. If you see a possible stolen or missing
horse
listed
on our site for sale, please contact us so that the
advertisement can be removed from our website as
soon as possible.
EquineADZ.com™ is not responsible for any
misuse of contact information provided by you when posting
advertisements
on its website for people interested in your horse(s),
products
or services.
By using our internet based classified
services, you may, for reasons beyond our control, be exposed
to
information or content
which you may find to be offensive, indecent
or objectionable. EquineADZ.com™ does not control
the content of advertisements
placed on its website, and is therefore not liable
for any losses or damages which a user may sustain
as a result
of
any offensive, indecent or objectionable content
placed on the
website by other users. Users who believe that
an offensive, indecent or objectionable advertisement
has been placed
on the EquineADZ.com™ website should notify us.
EquineADZ.com™
is not responsible for typographical or other accidental
errors appearing on the service,
and
is not responsible
for violations created or caused by the
errors or omissions of service users and/or customers.
Potential
violations
may include, but are not specifically limited
to violations of
copyright, trademark, trade names, patents,
or other local, state, federal or international
laws.
If you believe that a fraudulent
advertisement has been placed on our site, we request that
you contact
us, and
we suggest
that you report any such concerns to
the Internet
Fraud Complaint Center and/or your
local authorities. Subject
to court order
or law enforcement directions, EquineADZ.com™ reserves
the right to remove or to not remove
an advertisement
based upon
such an accusation of fraud.
We do not
routinely retain copies of expired postings. It is your
responsibility to timely
renew listings
if you wish
to
retain the content or format of formerly
placed advertisements. It is the user’s
responsibility to remove their advertisement
from the Equine.com service upon sale
or transfer.
No refunds will be given
if your advertisement is deleted
before the term of your
advertisement purchase
has
expired. Your advertisement
will not appear on our website until
you have completed the necessary
order forms, you have
agreed to these
terms and
conditions, and your credit card
payment has been approved.
Payment for the services and use of the EquineADZ.com™ website
is by credit card and PayPal only. No checks or money orders
will be accepted.
All advertisement sales
are final. By using this service and submitting an advertisement
listing to the EquineADZ.com™ website, you acknowledge
understanding and agreeing to these terms in their entirety.
MEMBER ACCOUNT, PASSWORD AND SECURITY
You
will receive a password and account designation upon completing
the Service's registration process. You
are responsible for
maintaining the confidentiality of the password and account,
and are fully responsible for all activities, whether authorized
by you or not, that occur under your password or account.
You agree to (a) immediately notify Equine.com of
any unauthorized
use of your password or account or any other breach of
security, and (b) ensure that you exit from your account
at the end
of each session. Equine.com shall not be liable for
any loss or
damage arising from your failure to comply with this Section
5, including, but not limited to, any unauthorized use. USER
CONDUCT
All users of the web-based advertising service
provided by EquineADZ.com™ agree to not use our website
and related advertising service to:
- 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;
- harm
minors in any way;
- impersonate any person or entity,
or falsely state or otherwise misrepresent the user’s
affiliation with a person or entity;
- disguise the origin
of any content or information transmitted through our
service;
- upload, post, email, transmit or otherwise
make available any content or information
that the user
does 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);
- upload, post, email, transmit
or otherwise make available any content or information
that infringes
any patent,
trademark, trade secret, copyright
or other proprietary rights of any
party;
- 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;
- 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;
- interfere with or disrupt
our service or servers or networks
connected to
the service, or disobey
any requirements,
procedures,
policies or regulations of networks
connected to our service;
- "stalk" or otherwise harass another;
or
- collect or store personal data about other
users.
You
acknowledge that EquineADZ.com™ may not pre-screen
the content of advertisements posted on its website,
but that EquineADZ.com™
and its designees shall have the right (but not the obligation)
in their sole discretion to refuse to publish or
remove any content or information that is available via
the service. Without
limiting the foregoing, EquineADZ.com™ and
its designees, in their sole discretion, shall
have the right to remove
any content that violates any provision of the
terms and conditions
stated herein, or that is otherwise objectionable.
USER
PRIVACY, ETC.:
If you provide and/or place personal
contact information on our website, EquineADZ.com™ is
not responsible for any misuse of this information.
We
do not and will never sell or release your email address
to SPAMMERS or JUNK MAILERS.
PROPRIETARY RIGHTS
You acknowledge and agree
that the services provided by EquineADZ.com™
and any necessary software used in connection with our
services contain proprietary and confidential information
that is protected
by applicable intellectual property and
other laws. You further acknowledge and agree that information
contained in sponsor
advertisements or information presented
to you through our services or by advertisers is or may
be protected by copyrights,
trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly
authorized
by EquineADZ.com™ or
its advertisers, you agree not to use,
modify, rent, lease, loan, sell, distribute or create
derivative works obtained
through your use of the services or software,
in whole or in part.
EquineADZ.com™ grants you a
personal, non-transferable and non-exclusive right
and license to use the object code of its
software on a single computer; provided
that you do not and do not allow any third party to
copy, modify, create a derivative
work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code,
sell,
assign, sublicense, grant
a security interest in or otherwise
transfer any right in the software. You agree not to modify
the
software in any manner
or form, or to use modified versions
of the software, including without limitation for the
purpose of obtaining unauthorized
access to our service. You agree not
to access our web based advertising service by any
means other than through the interface
that is provided by EquineADZ.com™.
VIOLATIONS
Any perceived incidents of fraud
should be reported to the Internet
Fraud Complaint Center and your
local authorities.
If you see slanderous
or malicious content or information on our site,
please contact
us. We
will, in our
sole discretion, remove any content
or information which
may be viewed as
malicious,
scandalous, harmful or inconsistent
with these terms and conditions,
or with the
integrity and prestige
of our service.
If you see
a possible stolen or missing
horse listed on
our site for sale, please contact
us and the advertisement
will
be investigated
and will be removed from our
website as soon as possible after
verification of claim has been
received from an appropriate
authority.
Please report any violations
of the terms and conditions
stated herein
to us.
ASSUMPTION AND ACKNOWLEDGEMENT
OF RISK
You agree that you
have evaluated the risks of using the web-based
classified
advertising
service
provided
by EquineADZ.com™,
including, but not limited
to, the possible misuse
of your information by
third
parties and/or damage to
your computer
or system through the use
of this service. Having
evaluated such risks, you
agree to
bear all risks associated
with the use of this service
and any content provided
through
this service,
including any reliance
on the accuracy, completeness,
or usefulness of such content.
You
acknowledge, consent
and agree that EquineADZ.com™ may
access, preserve, and
disclose your account information
and content if required
to do so by law or if
EquineADZ.com™ has
a reasonable and good
faith belief that such access,
preservation or disclosure
is reasonably necessary
to: (a) comply with legal
process; (b) enforce
these terms and conditions; (c)
respond
to claims that any content
violates the rights of
third-parties; (d) respond
to your requests for
customer service; or (e) protect
the rights, property,
or personal safety of EquineADZ.com™,
its users and the public.
You
understand that the technical processing and transmission
involved in our service,
including your information
and content, may involve
(a) transmissions over
various networks; and
(b) changes to conform
and adapt to technical
requirements
of connecting
networks or devices.
You understand
that this service and
the software embodied
within this
service may
include security
components that permit
digital materials to
be
protected,
and
that the use of these
materials is subject
to usage rules
set by
EquineADZ.com™ and/or
content providers who
provide content to
the service. You may
not
attempt to override
or circumvent
any of the usage rules
embedded within the
service. Any unauthorized
reproduction,
publication, further
distribution
or public exhibition
of the materials provided
on the service, in
whole or in part, is
strictly
prohibited.
INTERNATIONAL
USE
You acknowledge
the global nature of
the Internet
and you agree
to comply
with all
applicable
rules and regulations
regarding
online conduct
and acceptable content.
Specifically,
you agree to comply
with all
applicable laws
regarding the transmission
of technical
data exported
from the United
States or the
country
in which you reside.
LINKS
The services and
website provided
by EquineADZ.com™ may
provide, or
third parties
may provide,
links to other
World Wide
Web
sites or resources.
Because we
have no control
over
such sites
and resources,
you acknowledge
and agree that
EquineADZ.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
EquineADZ.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 the use of, or reliance
on, any such content, goods or services
available
on or through
any such site or resource.
CONTENT SUBMITTED
OR MADE AVAILABLE
FOR
INCLUSION
ON THE SERVICE
EquineADZ.com™ does not claim ownership
of any content or information you submit or make available
for inclusion on its
web-based
advertising service. However, with respect to the content
any user submits or makes available for inclusion on
publicly
accessible areas of the service, such users grant EquineADZ.com™ the
following world-wide, royalty free and non-exclusive license(s),
as applicable:
- The license to use, distribute, reproduce,
modify, adapt, publicly perform and publicly display
such content on the EquineADZ.com™
website solely for the purposes of providing and promoting
the services
of EquineADZ.com ™ for which such content
was submitted
or made available. This license exists in perpetuity.
"
Publicly accessible" areas of the Service are those
areas
of our network of properties that are intended to be available
to
the general public.
NO
GUARANTEE
OF
DELIVERY
EquineADZ.com™ does
not insure
receipt of
your purchases
from third
parties through
this site.
We recommend
that you
place insurance
and tracking
on all
items purchased
through the
advertisements on
this website.
GENERAL
PRACTICES REGARDING
USE AND
STORAGE
You
acknowledge that
EquineADZ.com™ may establish general
practices and limits concerning the use of its services
and website, including without limitation the maximum
number of
times a user may access the service in a given period
of time. You agree that EquineADZ.com™ has no
responsibility or liability for the deletion or failure
to store any messages and other
communications or other Content maintained or transmitted
by the Service. You acknowledge that EquineADZ.com™ reserves
the right to log off accounts that are inactive
for
an extended period of time. You further acknowledge
that EquineADZ.com™ reserves
the right to modify these general practices and
limits
from time to time.
MODIFICATIONS
TO SERVICE
EquineADZ.com™ reserves the right at
any time to modify or discontinue, temporarily or permanently,
our
services or website (or any part thereof) with or without
notice. You agree
that EquineADZ.com shall not be liable to you or to any
third party for any modification, suspension or discontinuance
of our
services or website.
TERMINATION
OF USER
ACCESS
EquineADZ.com™ may, under certain circumstances
and without prior notice, immediately terminate a user’s
EquineADZ.com™
account, any associated content, and access to our service
and/or website. Grounds for such termination shall include,
but shall not be limited to, (a) breach or violations
of these terms and conditions, 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 our 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 our services, and (h) violations of
any law, statute, treaty or rule pertaining to your use
or connection
to our service. Termination of your EquineADZ.com™ account
includes (a) removal of access to all offerings within
the service or website, (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 our service or website. Further, you agree that
all
terminations for cause shall be made in EquineADZ.com™'s
sole discretion, and that EquineADZ.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.
DISCLAIMER
OF WARRANTIES
ALL
USERS OF
THE SERVICES
AND WEB
SITE PROVIDED
BY EQUINEADZ.COM™ EXPRESSLY
UNDERSTAND AND AGREE THAT:
- YOUR USE
OF THE
SERVICE IS
AT YOUR
SOLE RISK.
THE SERVICE
IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
EQUINEADZ.COM™ EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
- EQUINEADZ.COM
MAKES
NO WARRANTY
THAT (i)
THE SERVICE
WILL MEET
YOUR REQUIREMENTS,
(ii) THE
SERVICE WILL
BE UNINTERRUPTED,
TIMELY, SECURE,
OR ERROR-FREE,
(iii) THE
RESULTS THAT
MAY BE
OBTAINED FROM
THE USE
OF THE
SERVICE WILL
BE ACCURATE
OR RELIABLE,
(iv) THE
QUALITY OF
ANY PRODUCTS,
SERVICES, INFORMATION,
OR OTHER
MATERIAL PURCHASED
OR OBTAINED
BY YOU
THROUGH THE
SERVICE WILL
MEET YOUR
EXPECTATIONS,
AND
(V) ANY
ERRORS IN
THE SOFTWARE
WILL BE
CORRECTED.
- ANY MATERIAL
DOWNLOADED
OR
OTHERWISE
OBTAINED
THROUGH THE
USE OF
OUR SERVICES
AND THE
EQUINEADZ.COM™ WEBSITE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
- NO ADVICE
OR INFORMATION,
WHETHER
ORAL
OR WRITTEN,
OBTAINED BY
YOU
FROM
EQUINEADZ.COM
OR
THROUGH OR
FROM
ITS
SERVICE, SHALL
CREATE
ANY
WARRANTY NOT
EXPRESSLY
STATED
IN THESE
TERMS
AND
CONDITIONS.
- A
SMALL
PERCENTAGE
OF
USERS MAY
EXPERIENCE
EPILEPTIC
SEIZURES
WHEN
EXPOSED
TO
CERTAIN
LIGHT
PATTERNS
OR
BACKGROUNDS
ON
A
COMPUTER
SCREEN.
MOREOVER,
CERTAIN
CONDITIONS
MAY INDUCE
PREVIOUSLY
UNDETECTED
EPILEPTIC
SYMPTOMS
EVEN
IN
USERS WHO
HAVE
NO
HISTORY
OF
PRIOR SEIZURES
OR
EPILEPSY.
IF YOU,
OR
ANYONE
IN YOUR
FAMILY,
HAVE
AN
EPILEPTIC
CONDITION,
CONSULT
YOUR PHYSICIAN
PRIOR
TO
USING THIS
WEBSITE.
IMMEDIATELY
DISCONTINUE
USE
OF
THE
SERVICE
AND
CONSULT
YOUR
PHYSICIAN
IF
YOU EXPERIENCE
ANY
OF
THE FOLLOWING
SYMPTOMS
WHILE
USING
THE
SERVICE
--
DIZZINESS,
ALTERED
VISION,
EYE
OR MUSCLE
TWITCHES,
LOSS
OF
AWARENESS,
DISORIENTATION,
ANY
INVOLUNTARY
MOVEMENT,
OR CONVULSIONS.
- 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
LIMITATIONS
OF THIS
SECTION
MAY
NOT APPLY
TO YOU.
LIMITATION
OF LIABILITY
AS
A USER
OF THE
EQUINEADZ.COM™ WEBSITE AND RELATED SERVICES,
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EQUINEADZ.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 EQUINEADZ.COM™ HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE
OR RELATED SERVICES;
(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 WEBSITE OR RELATED
SERVICES; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY OTHER
USER OR OTHER THIRD
PARTY OF THE WEBSITE OR RELATED SERVICES; OR (v)
ANY OTHER MATTER
RELATING TO THE WEBSITE OR RELATED SERVICES.
RELEASE
Equine.ADZ.com™ provides
an internet based classified advertisement
service for horse sales and other equine-related
items,
services,
supplies and equipment. We are not involved in the actual
transaction between buyers and sellers. In the event
you have a dispute with one or more users, and
as a condition
of your use of this site, you hereby agree to release
EquineADZ™
and EquineADZ.com™ and its owners, agents, subsidiaries
and employees from any and all claims, demands and damages
(actual or consequential) of every kind and nature, known
and unknown, suspected or unsuspected, disclosed or undisclosed,
arising out of or in any way connected with such disputes.
INDEMNITY
You
agree to indemnify and hold harmless EquineADZ.com™,
its subsidiaries, affiliates, officers, agents
or other partners
and employees from, against, and with respect to,
any action, suit, proceeding, demand, assessment,
judgment, loss, cost,
liability, damage or expense, including attorneys’ fees
and court costs, now existing or hereafter arising
as a proximate result of any content you submit,
post, transmit
or make
available through our service, your use of our service,
your connection
to our service, your violation of these terms and
conditions, or violation of any international, federal,
state or
local
treaty, statute, law and/or regulation relating to
your use of our service.
NO RESALE OF SERVICE
You agree
not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any
commercial purposes,
any portion
of the
services of EquineADZ.com™ (including your
EquineADZ.com™
ID), use of the service, or access to the service.
You may create content or information for placement
on our website
on behalf of another so long as they have agreed
to all site terms. You may not present or hold
yourself out as a representative
of EquineADZ.com™ or represent us in any
way.
NOTICE
EquineADZ.com™ may
provide you with notices, including those
regarding changes to these terms and
conditions,
by either
email, regular mail, or postings on this
web-site.
TRADEMARK INFORMATION
The EquineADZ.com™ logo,
EQUINEADZ.COM™ and any and all other
trademarks, service marks and product
and service names are trademarks of EquineADZ.com,
LLC. You agree not to display
or use these trademarks, service marks
or other protected marks without EquineADZ.com'™s
prior written permission,.
We respect the intellectual
property of others, and we ask our users
to do the
same. Therefore,
we may,
in appropriate
circumstances and at our discretion,
disable and/or terminate the accounts of
users who may be infringing
on the copyrights
of others. If you believe that your
work has been copied in
a way that constitutes copyright infringement,
and/or that your intellectual property
rights have been otherwise
violated,
please provide us with the following
information:
- an electronic or physical
signature of the person authorized to
act on behalf of
the owner
of the
copyright or other intellectual
property interest;
- a description
of the copyrighted work or other intellectual
property
that you
claim has been
infringed;
- a description of
where the material that you claim is
infringing is located
on the
site;
- your address, telephone
number, and email address;
- a
statement by you that you have a good faith
belief
that the disputed
use
is not
authorized by the copyright
owner,
its agent, or the law;
AND
- a statement by you,
made under penalty
of perjury, that the above
information
in your
notice is accurate
and that you
are the copyright or
intellectual
property owner or authorized
to act on the copyright
or intellectual
property owner's
behalf.
GENERAL INFORMATION
These terms
and conditions constitute the entire agreement
between you
and EquineADZ.com
and
governs your use
of our services and website,
superseding any prior agreements
between you and
EquineADZ.com™. You
may also be subject to additional
terms
and conditions that may apply
when you use or purchase
certain
other EquineADZ.com™ services,
affiliate services, third-party
content or third-party software.
Choice
of Law and Forum. These
terms and conditions, and
the relationship between
you and EquineADZ.com™ shall
be governed by the laws
of the State of West Virginia
without regard to
its conflict of law provisions.
Waiver
of Jury Trial; Arbitration. All
users of the services
of EquineADZ.com™ and
its web based classified
advertising services
agree to submit any dispute
arising
out of this agreement
and these terms and conditions
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 West Virginia’s
Rules of Civil Procedure
applicable in West Virginia
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
Cabell County, West Virginia.
Attorneys’ Fees. In
the event it becomes necessary for EquineADZ.com™ to
employ counsel to enforce
any of the provisions
of these terms and
conditions, or the breach thereof,
then, in that event,
the user against whom
such proceeding has
been initiated by EquineADZ.com™ shall,
upon resolution of
the action in a manner favorable
to EquineADZ.com™,
be obligated to pay
all of EquineADZ.com™’s
costs and expenses,
including reasonable
attorneys’ fees.
Waiver
and Severability
of Terms. The failure
of EquineADZ.com™ to
exercise or enforce
any right or provision
of the terms and
conditions shall
not constitute
a waiver of such
right or provision.
If any provision
in these terms and
conditions
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.
The validity,
legality
or enforceability
of the remaining
provisions
will not, in any
way, be affected
or impaired thereby.
Statute
of Limitations. Regardless of any
statute or law
to the
contrary, any
claim
or cause
of action arising
out
of or
related to use
of the services or web
site
of EquineADZ.com™ must
be filed within
one (1) year after
such
claim or cause
of action arose
or be
forever barred.
No
Right of Survivorship
and Non-Transferability. EquineADZ.com™
user accounts are non-transferable and any rights
to an EquineADZ.com™
member account, password, ID or contents within
a user’s
account terminate
upon death. Upon receipt of a copy of a death
certificate, your account may be terminated
and
all
contents
therein permanently
deleted.
Headings Not Controlling. Any headings
contained in these terms
and conditions
are included
for convenience
only
and are not
intended to
form any 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.
I,
the user of Equine.ADZ.com™ website
and related services do
hereby understand, acknowledge
and agree to all of the
above-stated
terms and conditions in their entirety.
|
