Please read this document carefully before accessing or using the site. By accessing or using the site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the site and should immediately cease such use. HorseWeb may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
Unless otherwise indicated, this website is the property of HorseWeb, a company established and operated under the laws of the state of Washington. The site and its contents are protected, without limitation, pursuant to domestic and foreign copyright and trademark laws.
Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
1. Copyright and Licenses
You are authorized to download one copy of the material on this website on one computer for your personal, non-commercial use only. In doing so, you may not remove or in any way alter any trademark, copyright, or other proprietary notice. Except as allowed in the preceding sentence, you may not modify, copy, distribute, republish, commercially exploit, or upload any of the material on this website without the prior written consent of HorseWeb. No intellectual property or other rights in and to this website, other than the limited right to use set forth above, are transferred to you.
2. Use of Site
You understand that HorseWeb does not own, operate, control or endorse any horses, animals, products, properties, services or other information described in classified ads in any way. All horses, animals, products, properties, services and other information described in classified ads are offered by third parties that are not affiliated with HorseWeb. You also understand that HorseWeb cannot and does not guarantee or warrant that files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of any lost data.
HorseWeb may offer access to services that require online payment. In that event, your purchases are final, but may be refundable if you experience server and/or your browser technical issues accessing these services. Refunds must be requested via email info@HorseWeb.com within 24 hours after purchase.
HorseWeb offers a search feature within the site. HorseWeb explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. HorseWeb also disclaims any responsibility for the completeness or accuracy of any directory or search result.
In connection with your use of the site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, an HorseWeb official, site user, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the site's communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters," "pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity;
k) Manipulate or otherwise display the site by using framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any HorseWeb product or service if you are not expressly authorized by such party to do so.
You assume total responsibility and risk for your use of the site and the Internet. HorseWeb provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the service or on the internet generally, and HorseWeb shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. You understand further that the internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. HorseWeb has no control over and accepts no responsibility whatsoever for such materials. HorseWeb also makes no representations or warranties as to whether the information accessible via this website, or any website with which it is linked, is accurate, complete, or current. It is your responsibility to evaluate the accuracy and completeness of all information, opinions and other material on this website or any website with which it is linked. Price information is subject to change without notice.
3. Limitation of Liability
To the fullest extent permitted by applicable laws, HorseWeb and its employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if HorseWeb has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
You hereby agree to indemnify and hold harmless HorseWeb, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by HorseWeb directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them. HorseWeb reserves the right to release current or past member or website user information if HorseWeb believes that a member's account is being used to commit unlawful acts, if the information is subpoenaed and/or if HorseWeb deems it necessary and/or appropriate.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
6. Third Party Rights
The provisions of paragraphs 2 (Use of the site), and 4 (Indemnification) are for the benefit of HorseWeb and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term; Termination
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 1 (Copyright and Licenses), 2 (Use of the site), 4 (Indemnification), 6 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
8. Dealings With Third Parties
Your participation, correspondence or business dealings with any third party found on or through the site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that HorseWeb shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The site may provide, or third parties may provide, links to other websites or resources. Because HorseWeb has no control over other sites and resources, you acknowledge and agree that HorseWeb 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 HorseWeb 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.
This Agreement shall all be governed and construed in accordance with the laws of the state of Washington. You agree that any legal action or proceeding between HorseWeb and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in the city of Spokane, Washington. If legal proceedings are necessary, you agree to pay for all expenses including attorney fees incurred by HorseWeb.
Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. HorseWeb's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. HorseWeb may assign its rights and duties under this Agreement to any party at any time without notice to you.