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Terms of Use Agreement
READ THIS TERMS OF USE AGREEMENT BEFORE USING THE EQUINECTIONS, LLC WEB SITE.
Effective Date: This Terms of Use Agreement was last updated on 04/08/07.
Equinections is a limited liability company formed under the laws of the State of Texas. Equinections is NOT an agent, broker, or dealer in horses.
This Terms of Use Agreement sets forth the standards of use of the Equinections Online Service for Registered Members and all other users. By using the Equinections.com Web site you the Member/User agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Web site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Equinections.com Web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. DESCRIPTON OF SERVICE
Equinections is providing the Member/User with an online horse classified advertising system for horses for sale, for lease, at stud and embryos for sale. Member/User must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member/User's access to the Internet, and (3) pay any fees relate with such connection.
2. DISCLAIMER OF WARRANTIES
The site is provided by Equinections on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Equinections makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Web site in terms of its correctness, accuracy, reliability, or otherwise. Equinections shall have no liability for any interruptions in the use of this Web site. Equinections disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. LIMITATION OF LIABILITY
EQUINECTIONS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR EQUINECTIONS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF EQUINECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. INDEMNIFICATION
Member/User agrees to indemnify and hold Equinections its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member/User's use of the Service, the violation of this Agreement, or infringement by Member/User, or other user of the Service using Member/User's computer, of any intellectual property or any other right of any person or entity.
5. MEMBERS ACCOUNT
The Member/User must be truthful in information disclosed on the Site. Members/Users must be over 18, or supervised by a parent who agrees to the contract and the minor's use. All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member/User agrees to notify Equinections of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Equinections. Members agrees not to upload, post or otherwise transmit via the Web site content that is offensive or intrusive to other Members/Users and Equinections (e.g. material or comments that are pornographic, racist, violent, distressing etc. or software viruses, worms etc.) Members are solely responsible for obtaining consent from professional photographers, subjects, etc. to display images and videos on Equinections.com. Members agree that any item placed on Equinections.com listing services is there property or they are acting as an agent for the owner. Also the Member/User agrees not to copy materials on the site, not to reverse engineer or not to break into the site, and not to use the Web site materials, products or services for illegal purposes. If informed of any mentioned violation, we will remove the material in question from the Web site without refund or prior notice to the offender.
6. MODIFICATIONS AND INTERRUPTION TO SERVICE
Equinections reserves the right to modify or discontinue the Service with or without notice to the Member/User. Equinections shall not be liable to Member/User or any third party should Equinections exercise its right to modify or discontinue the Service. Member/User acknowledges and accepts that Equinections does not guarantee continuous, uninterrupted or secure access to our Web site and operation of our Web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
7. THIRD-PARTY SITES
Our Web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Member/Users to review said privacy policies of third-parties' sites.
8. DISCLAIMER REGARDING CONTENT AND ACCURACY OF MEMBER INFORMATION OR VENDOR INFORMATION
The Members are entirely responsible for all content that is uploaded, posted or otherwise transmitted via the Web site. Product specifications and other information have either been provided by the Members or collected from publicly available sources. While Equinections makes every effort to ensure that the information on this Web site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Web site.
Equinections makes no warranties or representations whatsoever with regard to any product provided or offered by any Member/User or Vendor, and you acknowledge that any reliance on representations and warranties provided by any Member/User or Vendor shall be at your own risk.
9. GOVERNING JURISDICTION OF THE COURTS OF TEXAS
Our Web site is operated and provided in the State of Texas. As such, we are subject to the laws of the State Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our Web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State Texas.
10. COMPLIANCE WITH LAWS
Member/User assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member/User may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member/User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. If a member is a resident of the State of Texas, Equinections, LLC must collect sales tax on the services purchased by the member. All members from other states are responsible for paying any necessary sales and use tax to their state of residence.
11. COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on this Site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2007 Equinections.com, will all rights reserved, or is the property of Equinections and/or third parties protected by intellectual property rights. Any use of materials on the Web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Equinections is strictly prohibited. Member/Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of Equinections.
Equinections and Equinections.com are proprietary marks of Equinections, LLC. Equinections's trademarks may not be used in connection with any product or service that is not provided by Equinections, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Equinections.
All other trademarks displayed on Equinections's Web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Member/Vendors. In addition, such use of trademarks or links to the Web sites of Vendors is not intended to imply, directly or indirectly, that those Member/Vendors endorse or have any affiliation with Equinections.
12. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Equinections, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail
Shallah Hatch
2623 McKinney Ave #130-522
Dallas, TX 75204
By Email: shallah@equinections.com
13. BOTNETS
Equinections retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Equinections reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
14. DELIVERY OF EMAIL
Equinections will attempt to deliver all of the e-mail that is addressed to the Members provided e-mail address on Equinections Services. However, the nature of e-mail is such that Equinections cannot guarantee delivery of such e-mail, and all members are responsible to check that mail is not being filtered by a junk filter.
15. OTHER TERMS
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Equinections, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member/User. Member/User agrees that by accepting this Terms of Use Agreement, Member/User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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