EQUINE PLATFORM TERMS OF SERVICE AGREEMENT
THE FOLLOWING TERMS OF SERVICE CREATE A BINDING CONTRACT. PLEASE READ THEM CAREFULLY.
1. ACCEPTANCE OF TERMS
THE EQUINE PLATFORM LLC, is a California Limited Liability Company (“EQUINE PLATFORM”) that is dedicated to providing an equine sales platform, (collectively, “the Platform”) to allow professional trainers to market, sell, purchase and lease horses for themselves and their clients. Your use of this site is completely voluntary, but if you do use our site you agree to be contractually bound by these TERMS OF SERVICE (TOS), our posted Guidelines or any modifications to the TOS or Guidelines and acknowledge your consent by checking the applicable box below… Should you object to any terms herein,, subsequent modifications or become dissatisfied with EQUINE PLATFORM for any reason, you may at any time immediately discontinue use of the site.
2. MODIFICATIONS TO THIS AGREEMENT
EQUINE PLATFORM, reserves the right, at any time and within our sole discretion, to change the TOS by posting it on the homepage of the EQUINEPLATFORM.com site, It is your obligation to review the TOS when updates or revisions have been posted and your continued use of the site constitutes your agreement to the most current version of the TOS.
3. MEMBER REGISTRATION AND ACCOUNTS
If you use this site you certify that you are of legal age to be able to enter into a binding contract under the laws of the United States or the applicable jurisdiction of your residence. You must provide true, accurate, current and complete information about yourself and any Horses that you post on our site at all times. You must keep all such information true, accurate, current and complete, advise us in writing of any changes to your personal or posted information., EQUINE PLATFORM has the right to suspend or terminate your account in its sole discretion. You understand that you will receive a password and account designation upon completing the 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 PLATFORM 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 PLATFORM shall not be liable for any loss or damage of any nature or kind arising from your failure to comply with these guidelines. EQUINE PLATFORM reserves the right to log off accounts that are inactive for an extended period of time. If you register as a legal business entity, you warrant that you have the authority and authorization to act and contractually bind said business.
4. SUBSCRIPTION FEE AND USE
The Equine Platform is a subscription based, global network of professional equestrians ONLY. Our annual fee of $299 USD includes unlimited horse listings as well as finding and setting up trials for any horses you may be looking for. The fee is non refundable and will renew automatically unless canceled by the user. The Equine Platform is the only service that is EXCLUSIVELY professional and does not allow free browsing or clients to view horse listings. Our dedicated account managers can help set up your profile, list horses, send a list of suitable horses for ISO orders, and follow the transaction all the way through to the end OR the website makes it very easy to do yourself. With our large network of approved professionals The Equine Platform aims to expedite the sales process for both buyer and seller, although we make no guarantees that we will be able to sell your horse or find a match. We can promise that our managers are working day in and day out to get it done.
EQUINEPLATFORM.com is only a platform provider upon which you and others can participate in the marketing, sale or leasing of horses. We DO NOT verify or certify in any manner whatsoever the accuracy of the information posted about the horses on the Platform, including any statements of fact and/or opinions. EQUINE PLATFORM has no obligation and does not control the content of any postings, files, images, photos, video, sounds, or other materials (collectively, “Content”) posted on the EQUINEPLATFORM.com site. You understand that all “Content” posted on or linked from the EQUINEPLATFORM.com site, is the sole and absolute responsibility of the person or entity from whom such Content originated and was posted. By listing a horse on the EQUINEPLATFORM.com site, you warrant, it is your responsibility to be truthful and accurate and you therefore agree to assume full and complete responsibility for the accuracy of the Content and accept the conditions set out in the TOS. By submitting any content to our site, you represent you have the legal right to submit such Content, and that EQUINE PLATFORM’s use of the Content, will not infringe or violate the rights of any third party, including without limitation any intellectual property rights and rights of privacy.
EQUINE PLATFORM is not responsible for Content made available through the Platform, and does not, in any manner whatsoever, guarantee the accuracy, integrity or quality of such Content Your use of this site and its Content, is at your own risk. EQUINE PLATFORM does not guarantee a horse’s health, soundness, performance, breeding, show record, fitness for a particular purpose or rider suitability. EQUINE PLATFORM strongly recommends that, if you are interested in purchasing a Horse listed on our site that you do so only after consultation with equine professionals, conduct as many riding trials as deemed necessary to determine rider suitability, and complete a pre-purchase veterinarian examination, and obtain the Horses prior veterinarian records as recommended by the buyer’s independent equine veterinarian on any horse prior to purchase. You agree that you must evaluate, and bear all risks associated with, the use of any Content. Under no circumstances will EQUINE PLATFORM be liable in any way for any Content or for any loss or damage of any nature or kind incurred as a result of the use of any Content posted, emailed, or otherwise made available via the Platform.
6. THIRD PARTY CONTENT, SITES, AND PLATFORMS
The EQUINEPLATFORM.com site may contain features and functionalities that may link or provide you with access to third party content or sites that are completely independent of EQUINE PLATFORM. These links may include web sites, servers, networks, systems, information and databases, and the Internet as a whole. Your linking to any other websites is at your own risk. EQUINE PLATFORM makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.
7. USER CONDUCT
You agree not to, use the site or post any Content:
a. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b. that impersonates any person or entity, including, but not limited to, an EQUINE PLATFORM employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;
c. that includes personal or identifying information about another person without that person’s explicit consent;
d. that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, that advertises any illegal sale of any horse the sale of which is prohibited or restricted by any applicable State or Federal law;
e. That is illegal including use of the site for spamming, mass emailing, cross posting unsolicited messages, posting obscene or inflammatory messages, or threatening users.
f. Additionally, you agree not to:
a. contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
b. attempt to gain unauthorized access to EQUINE PLATFORM’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Platform or the EQUINE PLATFORM website;
c. Harass, in any manner our staff, employees or contractors or engage in conduct that causes Equine Platform to expend an unreasonable amount of time and effort.
8. LIMITATIONS ON PLATFORM
You acknowledge that EQUINE PLATFORM may establish limits concerning use of the Platform. You agree that EQUINE PLATFORM has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Platform. You acknowledge that EQUINE PLATFORM reserves the right at any time to modify or discontinue the Platform (or any part thereof) with or without notice, and that EQUINE PLATFORM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.
9. ACCESS TO THE PLATFORM
Use of the Platform beyond the scope of authorized access granted to you by EQUINE PLATFORM immediately terminates said permission or license.
10. TERMINATION OF PLATFORM
You agree that EQUINE PLATFORM, in its sole discretion, has the right (but not the obligation) to terminate your access to or use of the Platform (or any part thereof), without any refunds, immediately and without notice, and remove and discard any Content within the Platform, for any reason. Further, you agree that EQUINE PLATFORM shall not be liable to you or any third-party for any termination of your access to the Platform. This Sections shall survive termination of the TOS.
11. PRIVACY AND INFORMATION DISCLOSURE
12. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE EQUINE PLATFORM SITE IS ENTIRELY AT YOUR OWN RISK. THE EQUINE PLATFORM SITE IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, OF ANY NATURE OR KIND, AT LAW OR IN EQUITY, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. , EQUINE PLATFORM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE EQUINE PLATFORM.COM SITE AND THE PLATFORM, INCLUDING LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE DESTRUCTIVE OR CONTAMINATING PROPERTIES, OR ANY FAILURE OF THE SITE. EQUINE PLATFORM FURTHER DISCLAIMS ANY WARRANTIES, OF ANY NATURE OR KIND FOR HORSES MARKETED, ADVERTISED, DISPLAYED, RECEIVED, RIDDEN, SHOWN, LEASED OR SOLD THROUGH THE EQUINEPLATFORM.COM SITE OR THE PLATFORM.
13. LIMITATIONS OF LIABILITY-COVENANT NOT TO SUE
If there is a dispute between users of the Platform, or between users and any third party, you understand and agree to the extent permitted by applicable law, not to sue or commence any legal proceeding in any court, or under any jurisdiction, against Equine Platform, including any of its Officers, Members, Managers, Shareholders, Directors or Employees. You further agree, on your behalf and your heirs, assigns, employees, clients, officers, members, directors and shareholders to release and forever discharge EQUINE PLATFORM, and all of its its officers, members, managers, directors, shareholders, employees, agents, assigns, contractors and successors from any and all claims, demands,injuries to persons or property and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to the Equine Platform, its use or Content. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” A copy of this Code Section is available upon written request.
You agree to indemnify and hold harmless EQUINE PLATFORM, its officers, Managers, members, subsidiaries, affiliates, successors, assigns, directors, agents, and employees, harmless from any and all lawsuits, arbitrations, judgments, losses, deficiencies, damages, personal injuries, death, damage to property, liabilities, costs, claims, demands, , and expenses, including without limitation reasonable attorney fees and costs, due to, arising out of, or in any way related to Content you submit, post, or make available through the Platform, your use of the Platform, your violation of the TOS, your breach of any of the representations and warranties herein, or your violation of any rights of another.
If there are problems with the EQUINEPLATFORM.com site and the Platform, we want to know about them so that we can attempt to address and fix them. You agree to report community-related complaints and problems promptly. To report problems or a violation of the TOS, please email our staff at firstname.lastname@example.org , who will review your complaint and take appropriate action.
16. INTERNATIONAL USE
As a consequence of the global nature of the Internet, some users of the EQUINEPLATFORM.com site and the Platform may reside outside the United States. Users residing outside the United States agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, such users 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.
17. GENERAL INFORMATION
This TOS is governed by the laws of the State of California, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Marin County, California, USA, in all disputes arising out of or relating to the use of the EQUINE PLATFORM site and the Platform. The prevailing party in any such dispute shall be entitled to its reasonable attorney’s fees and costs. EQUINEPLATFORM.com’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EQUINEPLATFORM.com’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by EQUINEPLATFORM.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. Use of the EQUINEPLATFORM.com website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
I acknowledge, knowingly, intelligently and voluntarily, that I have read, understood and agree to all the terms and conditions set forth herein.