Acceptance of Contract Terms
The following are terms of a legal agreement between you and LOTSAHORSES.COM, LLC (hereinafter “LOTSAHORSES.COM”). By accessing, browsing and/or using this Web Site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by LOTSAHORSES.COM from its offices within the United States. LOTSAHORSES.COM does not represent that materials in the Site are appropriate or available for use in every other country, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to this Site, and the materials contained herein, is governed by the laws of the State of Washington.
Legal Status of LOTSAHORSES.COM
LOTSAHORSES.COM provides advertising services to those who wish to place advertisements on the LOTSAHORSES.COM Site. LOTSAHORSES.COM does not write the text of such advertisements or investigate the representations contained in such advertisements and does not endorse or recommend the purchase of any particular horse, product or service. LOTSAHORSES.COM is not an owner, agent, broker or dealer of horses, services or products. LOTSAHORSES.COM does not provide horse sale transaction services or advice of any kind. LOTSAHORSES.COM does not guarantee that an advertiser will sell his/her/its horse, product or service by advertising it on the Site. LOTSAHORSES.COM does not warrant sellers’ ownership, title, services, products, representations, or any horse’s performance or fitness for your particular purposes, or that a seller will receive funds or other items from a buyer. LOTSAHORSES.COM does not insure receipt of your horse, title, registrations, documents, product or service from those who advertise on the Site. Sites linked to this Site are not affiliated with LOTSAHORSES.COM.
Posting of Ads
Classified Ads may only be submitted by mail or electronically after obtaining a password. LOTSAHORSES.COM has the right to refuse any advertisement, including, but not limited to, those for something other than a horse. Text listings submitted electronically are provided at no charge. Text listings submitted by mail will be provided for a charge. Every thirty (30) days, non-paying text advertisers will receive an e-mail asking them to renew their ad at no charge or to upgrade their ad. Non-renewed ads may be deleted. Classified ads containing one photo of one horse may be submitted for a non-refundable fee in the amount indicated on the Site for the display period indicated on the Site. LOTSAHORSES.COM will scan your photo for placement into your paid ad upon payment of a scanning fee. The photo may be retained by LOTSAHORSES.COM. Photo ads will be displayed at the top of search listings. Photo ads will display a count of the number of times that the ad has been accessed. Photo advertisers are responsible for ensuring that photos are correctly sized and submitted in compliance with the instructions on the Site. Posting of the photo to the Site may take up to 10 days. Photos may be replaced or renewed only upon payment of additional fees as indicated on the Site.
Payment
All charges and payments shall be in U.S. dollars and paid in advance. For those advertisers making payment by credit card, you authorize LOTSAHORSES.COM to bill your credit card for amounts authorized. LOTSAHORSES.COM reserves the right to collect certain taxes or other assessments from you in order to comply with local, state, Federal, or international laws and regulations, as required now or later imposed. If you claim exemption from any taxes resulting from this agreement, you shall provide LOTSAHORSES.COM with documentation required by the taxing authority to support an exemption.
Use Restrictions
LOTSAHORSES.COM owns all proprietary rights, including, but not limited to, patent, copyright, trade secret and trademark rights, in and to the LOTSAHORSES.COM Site. The copyright in all material provided on this Site is held by LOTSAHORSES.COM or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of LOTSAHORSES.COM or the copyright owner. Permission is granted to display, copy, and download the materials on this Site for personal, non-commercial use only, provided you do not modify or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without LOTSAHORSES.COM's permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Software code may be embedded in any web page. That code is made available for purposes of making the pages more useful. Such software is the copyrighted work of LOTSAHORSES.COM and/or its suppliers. Any decryption, or modification, or redistribution, or reverse engineering of this software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Registration
You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by LOTSAHORSES.COM's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate. If you provide any information that is untrue, inaccurate, or incomplete, or LOTSAHORSES.COM has reasonable grounds to suspect that such is the case, LOTSAHORSES.COM has the right to suspend or terminate your account and refuse any and all current or future use of the Site.
Confidentiality
You are solely responsible for maintaining the confidentiality of your password(s) and account(s). In addition, all activities or omissions that occur in your account are your responsibility, including without limitation, all charges incurred from use of your account or password.
Uploads
For any content or other material uploaded to our servers, you automatically grant (or warrant that the owner grants) LOTSAHORSES.COM the world-wide, royalty-free right to exercise all intellectual property rights required to display, operate and reproduce such materials on the Internet, and to promote LOTSAHORSES.COM. You agree that LOTSAHORSES.COM, at its sole discretion, has the right to screen, modify, reject, or remove any material, or portion thereof, uploaded to our servers that infringes our, or any third party intellectual property or other proprietary rights, violates this agreement or our other policies or is otherwise objectionable. LOTSAHORSES.COM reserves the right to disclose any such material uploaded to our servers as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Storage Limitations
The amount of storage space per account is limited. As a result, some information may not be processed due to space constraints. You agree that LOTSAHORSES.COM is not responsible or liable for failure to store, or deletion, of information.
Prohibitions
You agree not to transmit or upload any material that contains viruses, worms, Trojan Horses, time bombs, cancelbots, or anything of a like nature. You agree not to damage, disable, overburden or impair any LOTSAHORSES.COM server or the network(s) connected to any LOTSAHORSES.COM server, or damage any data on such servers or interfere with any other party’s use and enjoyment of any portion of the Site. You agree not to use the services to violate any local, state or national law, including, but not limited to, export laws. You also agree not to collect information about other End-Users without their express consent, create a false identity, download, copy or use any listing of our End-Users, use the services for pyramid schemes, chain letters, bulk e-mail, or spamming. You agree not to attempt to gain unauthorized access to the services or others' accounts or take any action that might disrupt services.
Indemnification
In the event there is a dispute with one or more users, you release LOTSAHORSES.COM and its owners, agents, subsidiaries, affiliates and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, occurring out of or in any way connected with such disputes.
DISCLAIMER OF LIABILITY
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) WILL LOTSAHORSES.COM OR ITS OWNERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS INDEMNIFY OR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, DIRECT OR INDIRECT DAMAGES THAT RESULT FROM THE USE, OR THE INABILITY TO USE, LOTSAHORSES.COM'S SERVICES OR CONTENT, INCLUDING, BUT NOT LIMITED TO DEFAMATION, VIOLATION OF PRIVACY OR PUBLICITY RIGHTS, INJURY, THIRD PARTY FRAUD, MISREPRESENTATION, ILLNESS, DEATH, SPOILAGE, FINES, LOST PROFITS, LOST USE, LOST DATA, OR THOSE DAMAGES THAT OCCUR AS A RESULT OF ERRORS, DEFECTS, DELETION OF FILES, INTERRUPTIONS, OMISSIONS, MISTAKES, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE (WHETHER OR NOT ACTS OF GOD), COMMUNICATION FAILURE, THEFT, OR UNAUTHORIZED ACCESS TO LOTSAHORSES.COM'S PROGRAMS, RECORDS OR SERVICES, WHETHER BASED ON TORT, NEGLIGENCE, CONTRACT, STRICT LIABILITY OR OTHERWISE EVEN IF LOTSAHORSES.COM OR A LOTSAHORSES.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. THIS SHALL BE TRUE EVEN IN THE EVENT OF THE FAILURE OF AN AGREED REMEDY. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION DETERMINES THESE LIMITATIONS TO BE UNENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $30.
WARRANTY DISCLAIMER
THE INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS." LOTSAHORSES.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOR DOES LOTSAHORSES.COM MAKE ANY REPRESENTATIONS REGARDING THE PRODUCTS, SERVICES OR HORSES OFFERED BY THIRD PARTIES ON THIS SITE OR THE AVAILABILITY, ACCESSIBILITY, OR RELIABILITY OF THE SITE, SITE CONTENT OR RELATED STORAGE OR TRANSMISSION FACILITIES. LOTSAHORSES.COM DOES NOT WARRANT THAT SERVICES WILL BE WITHOUT ERRORS, UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. USE OF THE SITE OR LOTSAHORSES.COM SERVICES IS ENTIRELY AT YOUR OWN RISK.
Transmissions and Accessibility
Any material, information or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by LOTSAHORSES.COM or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. Notwithstanding the foregoing, all personal data provided to LOTSAHORSES.COM will be handled in accordance with LOTSAHORSES.COM's online Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which LOTSAHORSES.COM may undertake from time to time; or (iii) causes beyond the control of LOTSAHORSES.COM or which are not reasonably foreseeable by LOTSAHORSES.COM.
Term of Use Revisions
LOTSAHORSES.COM may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
Sellers responsibilities
Sellers are responsible for marking horses as sold. Sellers are responsible for prompt deletion of ads as horses become unavailable. Sellers are responsible to verify all ads and confirm the correctness of all photos, which appear in ads.
Refusal of Service
Information posted on the Site is subject to deletion in the event that LOTSAHORSES.COM is notified of ownership disputes, slander, malicious statements, misrepresentation, mistreatment or illness of animals. We do not endorse the sale of horses for slaughter, research or other means of abusive activities nor advertise such. If a horse is suspected of being pursued by such parties, please notify LOTSAHORSES.COM. If you see a probable stolen or missing horse listed on our Site for sale, or at Stud please notify us.
Termination
LOTSAHORSES.COM reserves the right, in its sole discretion, to terminate access to the Site in the event of your breach of the terms of this Agreement and to remove, suspend or disable access to all or any portion of the services. In the event of termination, whether or not for breach, LOTSAHORSES.COM is authorized to delete any and all of your data on its servers and shall have no liability therefor. LOTSAHORSES.COM RESERVES THE RIGHT TO REFUND PAYMENTS AND CEASE OFFERING ALL SERVICES.
Miscellaneous
No Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LOTSAHORSES.COM as a result of your use of the services or this agreement.
Waiver
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Law
This Agreement is made in and shall be governed by the laws of the State of Washington without reference to conflicts of laws. Use of the services is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement, including this paragraph.
Dispute Resolution
The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against LOTSAHORSES.COM, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "LOTSAHORSES.COM") arising out of or relating to this Agreement, LOTSAHORSES.COM's advertising, or any related purchase (a "Dispute" ) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before one independent and impartial arbitrator, mutually agreed upon by the parties. The arbitration hearing shall take place in Seattle, Washington, USA and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in the Western District of Washington would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
Forum
All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Washington. Subject to the dispute resolution provisions of this Agreement, the parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts in the State of Washington. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in the State of Washington and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court in the State of Washington.
Attorney's Fees
If a suit in law or in equity, is necessary to enforce the terms of this Agreement, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
Force Majeure
If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
Entire Agreement
This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the services.
Reservation of Rights. Any rights not expressly granted herein are reserved by LOTSAHORSES.COM.
Non Assignment
You may not assign your rights hereunder to any third party and any attempt to do so shall be void.
Copyright and Trademark Notices: All contents of the Site, not otherwise identified, are: Copyright © 2002-2005 LOTSAHORSES.COM, LLC.
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