Terms & Conditions
PLEASE READ THESE TERMS OF USE AND THE ABOVE HYPERLINKED POLICIES (COLLECTIVELY THE "AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY ATTRACTION GROUP, INC. AT HORSEBUFF.COM (HEREINAFTER "HORSEBUFF.COM"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.HORSEBUFF.COM.(THE "SITE") AND ALL SERVICES PROVIDED BY HORSEBUFF.COM ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY HORSEBUFF.COM, INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK ABOVE. BY USING THE SITE AND SERVICES OFFERED BY HORSEBUFF.COM YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.
1. HorseBuff.com is a Marketplace/Venue
HorseBuff.com acts as a marketplace/venue to allow users who comply with HorseBuff.com's Terms of Use and policies to offer, sell and buy equestrian gear and equipment from other users. While HorseBuff.com has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. HorseBuff.com also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. HorseBuff.com encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that HorseBuff.com is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on HorseBuff.com. YOU USE THE HORSEBUFF.COM SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS.
2. Membership
(A) Age: HorseBuff.com is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, HorseBuff.com's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. HorseBuff.com may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use HorseBuff.com's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.
(B) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by HorseBuff.com's policies as stated in the Terms of Use as well as all other operating rules, policies and procedures that may be published from time to time on the Site by HorseBuff.com, each of which is incorporated herein by reference and each of which may be updated by HorseBuff.com from time to time without notice to you. You hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by HorseBuff.com from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
(C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify HorseBuff.com of any unauthorized use of your password or any breach of security. You also agree that HorseBuff.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than HorseBuff.com without HorseBuff.com's express written permission.
(D) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on HorseBuff.com you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
(E) Account Transfer: You may not transfer or sell your HorseBuff.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(F) Code of Conduct: HorseBuff.com maintains a strict policy against discrimination, harassment and inappropriate sexual conduct of any kind on its websites. Your access to any and all HorseBuff.com websites is conditioned on your adherence to this policy. HorseBuff.com retains the right to remove any user who violates this policy. Such determinations will be made in the sole discretion of HorseBuff.com and may be implemented without warning or the ability to cure.
(G) Right to Refuse Service: ACCESS TO HORSEBUFF.COM’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT HORSEBUFF.COM’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS HORSEBUFF.COM’S SITE. HorseBuff.com will terminate any user who it determines is providing services competitive to HorseBuff.com through the Site. HorseBuff.com's services, and all accesses to the Site, are not available to temporarily or indefinitely suspended HorseBuff.com members. Additionally, HorseBuff.com reserves the right, in HorseBuff.com's sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.
3. Fees and Services
Joining and setting up a shop on HorseBuff.com is free. HorseBuff.com does not charge fees to list an item for sale. HorseBuff.com does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. HorseBuff.com's Billing Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for HorseBuff.com's services are effective immediately after posting the changes on the Site. HorseBuff.com may also choose to temporarily change the Billing Policy and the fees for HorseBuff.com's services for promotional events (for example, free listing days); such changes are effective when HorseBuff.com posts the temporary promotional event on the Site.
HorseBuff.com may, at HorseBuff.com's sole discretion, change some or all of HorseBuff.com's services at any time. In the event HorseBuff.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). Fees will include final sale price of an item as well as shipping fees on an order. In certain situations, including but not limited to a void or invalid transaction and returns, HorseBuff.com may issue a credit for the applicable fees to a seller's billing statement. You are responsible for paying all fees, shipping fees based on accurate weights and measurements and applicable taxes associated with using HorseBuff.com. HorseBuff.com allows sellers to indicate applicable tax jurisdictions which will be collected from buyers through HorseBuff.com at point of sale. HorseBuff.com keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.
Fees and Termination: If HorseBuff.com terminates a listing or your account, if you close your account, or if the payment of your HorseBuff.com fees cannot be completed for any reason, you remain obligated to pay HorseBuff.com for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT HORSEBUFF.COM MAY CHARGE YOUR, PAYPAL ACCOUNT, CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES AND WAIVE ANY AND ALL CLAIMS AGAINST HORSEBUFF.COM FOR EXERCISING THIS RIGHT. If you have a question or wish to dispute a charge, contact HorseBuff.com.
Billing Policy: Listing is free! After the sale HorseBuff.com charges a 7% fee on all sales and shipping charges with a minimum fee of $1.00. You will be invoiced at the end of each month. All returns and chargebacks will be billed a $1.00 fee to cover our processing costs. Accounts with unpaid invoices will be suspended. There is a $20.00 fee to reinstate suspended accounts.
4. Listings
(A) Listing Accuracy and Requirements: By listing an item on the Site you warrant that you and all aspects of the item comply with HorseBuff.com's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your HorseBuff.com listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item supplied by yourself. You may not use stock photography or content developed by third parties without their express written permission. Listings may not include links or reference to other selling venues, external listings, websites or selling channels. Any such additions will be removed from the listing by HorseBuff.com without notice. The inclusion of phone numbers or email addresses directly in listings, shop banners, or shop policies is prohibited. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. Any failure to accurately list your item, or the inclusion of any false information in the listing may be grounds for suspension or termination of your account. Any intentional misrepresentations or fraudulent statements in your listing is grounds for immediate termination of your account, at HorseBuff.com’s sole discretion, without any opportunity to cure.
(B) Shop Policies: All sellers are urged to outline shop policies for their HorseBuff.com shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with HorseBuff.com’s site-wide policies. Sellers are responsible for enforcing their own shop policies. HorseBuff.com reserves the right to request that a seller modify a shop policy.
(C) Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. By purchasing an item on HorseBuff.com, the buyer agrees to the specific return and other policies set forth by the individual seller. Both buyer and seller acknowledge and agree that transactions on the Site are between the buyer and seller. The Site exists as the platform for the transaction, but does not make HorseBuff.com a party to the transaction. Accordingly, HorseBuff.com retains the right to suspend or terminate a user's privileges for failing to consummate a transaction, but HorseBuff.com does not have a mechanism to force the completion of a sale.
(D) Fee Avoidance/Void Transactions: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees. You may not misrepresent the item's location, or use another user's account without permission. No sales may be carried out via private message as a means to avoid HorseBuff.com's sales fee. Any other efforts to move sales initiated on HorseBuff.com off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of HorseBuff.com's policies or protections.
(E) Shipping Labels: Please note that when you purchase a shipping label on HorseBuff.com, for either domestic or international use, you are responsible for ensuring that all fields are filled out completely and accurately, including size, weight, description (if any) and declared value (if any). Any liability for a failure, or failures, to accurately or appropriately fill out the information will be transferred to you as the user. You also agree that you will not use a HorseBuff.com shipping label to send anything harmful or dangerous. You agree to indemnify and hold HorseBuff.com, its officers, directors, employees, and agents harmless for any claims or damages associated with any breach of this provision.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to HorseBuff.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on HorseBuff.com.
Restricted Activities: Your Content and your use of HorseBuff.com shall not be false, inaccurate or misleading, fraudulent or involve the sale of illegal, counterfeit or stolen items. You shall not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy. You shall not violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising). Your listing shall not contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall. Your listing shall not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including HorseBuff.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device. Your listing shall not be obscene or contain any form of pornography. Your listing shall not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Your listing shall not host images not part of a listing. Your listing shall not modify, adapt or hack HorseBuff.com or modify another website so as to falsely imply that it is associated with HorseBuff.com. Your listing shall not appear to create liability for HorseBuff.com or cause HorseBuff.com to lose (in whole or in part) the services of HorseBuff.com's ISPs or other suppliers. Your listing shall not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under the Terms of Use, the Privacy Policy, or other policies as posted on HorseBuff.com. Furthermore, you may not list any item on HorseBuff.com (or consummate any transaction that was initiated using HorseBuff.com's service) that, by paying to HorseBuff.com the listing fee or the final value fee, could cause HorseBuff.com to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
6. Content License
(A) Your Content: HorseBuff.com does not claim ownership rights in your Content. You grant HorseBuff.com a license solely to enable HorseBuff.com to use any information or Content you supply HorseBuff.com with, so that HorseBuff.com is not violating any rights you might have in that Content. You grant HorseBuff.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow HorseBuff.com to store or re-format your Content on HorseBuff.com and display your Content on HorseBuff.com in any way as HorseBuff.com chooses. HorseBuff.com can also use any transactional information including sale date and final price for sales completed on HorseBuff.com as it sees fit.
(B) Personal Information: HorseBuff.com will only use personal information in accordance with HorseBuff.com's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another HorseBuff.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for HorseBuff.com-related communications. HorseBuff.com has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any HorseBuff.com user to your email or physical mail list. For more information, see HorseBuff.com's Privacy Policy.
(C) Re-Posting Content: By posting Content on HorseBuff.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold HorseBuff.com harmless for any dispute concerning this use. If you choose to display your own HorseBuff.com-hosted image on another website, the image must provide a link back to its listing page on HorseBuff.com.
(D) Idea Submissions: HorseBuff.com considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and HorseBuff.com shall not be liable for the disclosure or use of such Material. If, at HorseBuff.com's request, any member sends Material to improve the site (for example through the Forums or to customer support), HorseBuff.com will also consider that Material to be non-confidential and non-proprietary and HorseBuff.com will not be liable for use or disclosure of the Material. Any communication by you to HorseBuff.com is subject to this Agreement. You hereby grant and agree to grant HorseBuff.com, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
HorseBuff.com does not control the Content provided by users that is made available on HorseBuff.com. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using HorseBuff.com, you agree to accept such risks and expressly agree that HorseBuff.com (and HorseBuff.com's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on HorseBuff.com. Please use caution, common sense, and practice safe buying and selling when using HorseBuff.com.
Other Resources: HorseBuff.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. HorseBuff.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that HorseBuff.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 websites or resources.
8. Disputes, Arbitration, Class Waiver and Venue
(A) JAMS: In the event a dispute arises between you and HorseBuff.com, please contact Support at HorseBuff.com. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Palm Beach County, Florida, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.
(B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
(C) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
(D) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of Illinois. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
(E) Limitations Period: You and HorseBuff.com agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(F) Intra-User Disputes: Should you have a dispute with one or more users, or an outside party, you release HorseBuff.com (and HorseBuff.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. HorseBuff.com encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. HorseBuff.com, for the benefit of users, may try to help users resolve disputes. HorseBuff.com does so in HorseBuff.com's sole discretion, and HorseBuff.com has no obligation to resolve disputes between users or between users and outside parties. HORSEBUFF.COM WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE OR UNREASONABLY INFLAMMATORY. To the extent that HorseBuff.com attempts to resolve a dispute, HorseBuff.com will do so in good faith based solely on HorseBuff.com's policies. In the event HorseBuff.com involves itself in a dispute between customers, you expressly waive and release HorseBuff.com (and HorseBuff.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute.
(G) Full Waiver: You expressly waive and release HorseBuff.com (and HorseBuff.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site, Services or your use of the same.
9. Financing Vendors
From time to time HorseBuff.com may offer financing options and alternatives through Affirm, Inc. or other similar third party vendors (“Financing Vendors”). You acknowledge that Financing Vendors are not agents of HorseBuff.com and HorseBuff.com is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Site you hereby waive and release any and all claims against HorseBuff.com that arise out of your use of, or the services of, any Financing Vendors.
10. Email, Text and Fax Communications
By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with HorseBuff.com and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from HorseBuff.com. You hereby expressly consent to communications of any kind from HorseBuff.com.
11. HorseBuff.com's Intellectual Property
HorseBuff.com, and other HorseBuff.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of HorseBuff.com or its affiliated companies in the U.S. and/or other countries. HorseBuff.com's trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of HorseBuff.com.
12. Access and Interference
HorseBuff.com may contain robot exclusion headers which contain internal rules for software usage. Much of the information on HorseBuff.com is updated on a real-time basis and is proprietary or is licensed to HorseBuff.com by HorseBuff.com's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access HorseBuff.com for any purpose whatsoever, except to the extent expressly permitted by HorseBuff.com's with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in HorseBuff.com's sole discretion, an unreasonable or disproportionately large load on HorseBuff.com's infrastructure. You will not copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass HorseBuff.com's robot exclusion headers or other measures HorseBuff.com may use to prevent or restrict access to HorseBuff.com.
13. Breach of HorseBuff.com Terms of Use and Policies
Without limiting its legal recourse or any other remedies, HorseBuff.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn HorseBuff.com's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: (a) HorseBuff.com suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policies and community guidelines incorporated herein; (b) HorseBuff.com is unable to verify or authenticate any of your personal information or Content; (c) HorseBuff.com believes that a user is acting inconsistently with the letter or spirit of HorseBuff.com's policies; or (d) HorseBuff.com believes a user has engaged in improper or fraudulent activity in connection with HorseBuff.com or the actions may cause legal liability or financial loss to HorseBuff.com's users or to HorseBuff.com. Notwithstanding the foregoing, HorseBuff.com retains the right to suspend or terminate a user without cause at HorseBuff.com’s sole discretion.
14. Privacy
Except as provided in HorseBuff.com's Privacy Policy HorseBuff.com will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. HorseBuff.com stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
15. No Warranty
HORSEBUFF.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE HORSEBUFF.COM’S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. HORSEBUFF.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM HORSEBUFF.COM SHALL CREATE ANY WARRANTY.
16. Limitation of Liability
IN NO EVENT SHALL HORSEBUFF.COM, AND (AS APPLICABLE) HORSEBUFF.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, HORSEBUFF.COM’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. HORSEBUFF.COM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF HORSEBUFF.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO HORSEBUFF.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
17. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HORSEBUFF.COM AND (AS APPLICABLE) HORSEBUFF.COM'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
18. No Guarantee
HorseBuff.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside HorseBuff.com's control.
19. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact Support at HorseBuff.com.
20. Trademarks
Users of the Site who engage in modifications of instruments or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but HorseBuff.com will aid in the enforcement of legitimate trademarks.
21. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any HorseBuff.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on HorseBuff.com's net income). This responsibility includes applicable customs and fees for import and export sales; HorseBuff.com assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through HorseBuff.com. If you complete 200 transactions or more and receive over $20,000 in income from the site, exclusive of HorseBuff.com's fees, you will receive a Form 1099 from HorseBuff.com and be obligated to pay income tax on your earnings. HorseBuff.com is not responsible, in any manner, for paying taxes on your earnings.
22. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
23. No Agency
You and HorseBuff.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
24. Modification of Service or Terms of Use
HorseBuff.com reserves the right to modify or terminate the HorseBuff.com service for any reason, without notice, at any time. HorseBuff.com reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms of Use, regardless of actual notice.
25. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Florida, excluding its conflicts of laws rules, and the United States of America.
26. Survival
All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
27. Notices
Except as explicitly stated otherwise, any notices shall be given to Support at HorseBuff.com; (in the case of HorseBuff.com) or, in your case, to the email address you provide to HorseBuff.com (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, HorseBuff.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to HorseBuff.com. In such case, notice shall be deemed given three days after the date of mailing.
28. Disclosures
The services hereunder are offered by HorseBuff.com, located in Palm Beach County, Florida. If you are a Florida resident, you may have this same information emailed to you by contacting Support at HorseBuff.com with your email address and a request for this information.
Effective Date: April 9, 2018
Updated: April 9, 2018
PLEASE READ THESE TERMS OF USE AND THE ABOVE HYPERLINKED POLICIES (COLLECTIVELY THE "AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY ATTRACTION GROUP, INC. AT HORSEBUFF.COM (HEREINAFTER "HORSEBUFF.COM"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.HORSEBUFF.COM.(THE "SITE") AND ALL SERVICES PROVIDED BY HORSEBUFF.COM ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY HORSEBUFF.COM, INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK ABOVE. BY USING THE SITE AND SERVICES OFFERED BY HORSEBUFF.COM YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.
1. HorseBuff.com is a Marketplace/Venue
HorseBuff.com acts as a marketplace/venue to allow users who comply with HorseBuff.com's Terms of Use and policies to offer, sell and buy equestrian gear and equipment from other users. While HorseBuff.com has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items. HorseBuff.com also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. HorseBuff.com encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that HorseBuff.com is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on HorseBuff.com. YOU USE THE HORSEBUFF.COM SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS.
2. Membership
(A) Age: HorseBuff.com is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, HorseBuff.com's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. HorseBuff.com may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use HorseBuff.com's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.
(B) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by HorseBuff.com's policies as stated in the Terms of Use as well as all other operating rules, policies and procedures that may be published from time to time on the Site by HorseBuff.com, each of which is incorporated herein by reference and each of which may be updated by HorseBuff.com from time to time without notice to you. You hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by HorseBuff.com from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
(C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify HorseBuff.com of any unauthorized use of your password or any breach of security. You also agree that HorseBuff.com cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than HorseBuff.com without HorseBuff.com's express written permission.
(D) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on HorseBuff.com you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
(E) Account Transfer: You may not transfer or sell your HorseBuff.com account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
(F) Code of Conduct: HorseBuff.com maintains a strict policy against discrimination, harassment and inappropriate sexual conduct of any kind on its websites. Your access to any and all HorseBuff.com websites is conditioned on your adherence to this policy. HorseBuff.com retains the right to remove any user who violates this policy. Such determinations will be made in the sole discretion of HorseBuff.com and may be implemented without warning or the ability to cure.
(G) Right to Refuse Service: ACCESS TO HORSEBUFF.COM’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT HORSEBUFF.COM’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS HORSEBUFF.COM’S SITE. HorseBuff.com will terminate any user who it determines is providing services competitive to HorseBuff.com through the Site. HorseBuff.com's services, and all accesses to the Site, are not available to temporarily or indefinitely suspended HorseBuff.com members. Additionally, HorseBuff.com reserves the right, in HorseBuff.com's sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.
3. Fees and Services
Joining and setting up a shop on HorseBuff.com is free. HorseBuff.com does not charge fees to list an item for sale. HorseBuff.com does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. HorseBuff.com's Billing Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for HorseBuff.com's services are effective immediately after posting the changes on the Site. HorseBuff.com may also choose to temporarily change the Billing Policy and the fees for HorseBuff.com's services for promotional events (for example, free listing days); such changes are effective when HorseBuff.com posts the temporary promotional event on the Site.
HorseBuff.com may, at HorseBuff.com's sole discretion, change some or all of HorseBuff.com's services at any time. In the event HorseBuff.com introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). Fees will include final sale price of an item as well as shipping fees on an order. In certain situations, including but not limited to a void or invalid transaction and returns, HorseBuff.com may issue a credit for the applicable fees to a seller's billing statement. You are responsible for paying all fees, shipping fees based on accurate weights and measurements and applicable taxes associated with using HorseBuff.com. HorseBuff.com allows sellers to indicate applicable tax jurisdictions which will be collected from buyers through HorseBuff.com at point of sale. HorseBuff.com keeps accepted payment information on file. At the beginning of the month, each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice.
Fees and Termination: If HorseBuff.com terminates a listing or your account, if you close your account, or if the payment of your HorseBuff.com fees cannot be completed for any reason, you remain obligated to pay HorseBuff.com for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT HORSEBUFF.COM MAY CHARGE YOUR, PAYPAL ACCOUNT, CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES AND WAIVE ANY AND ALL CLAIMS AGAINST HORSEBUFF.COM FOR EXERCISING THIS RIGHT. If you have a question or wish to dispute a charge, contact HorseBuff.com.
Billing Policy: Listing is free! After the sale HorseBuff.com charges a 7% fee on all sales and shipping charges with a minimum fee of $1.00. You will be invoiced at the end of each month. All returns and chargebacks will be billed a $1.00 fee to cover our processing costs. Accounts with unpaid invoices will be suspended. There is a $20.00 fee to reinstate suspended accounts.
4. Listings
(A) Listing Accuracy and Requirements: By listing an item on the Site you warrant that you and all aspects of the item comply with HorseBuff.com's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your HorseBuff.com listing. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item supplied by yourself. You may not use stock photography or content developed by third parties without their express written permission. Listings may not include links or reference to other selling venues, external listings, websites or selling channels. Any such additions will be removed from the listing by HorseBuff.com without notice. The inclusion of phone numbers or email addresses directly in listings, shop banners, or shop policies is prohibited. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. Any failure to accurately list your item, or the inclusion of any false information in the listing may be grounds for suspension or termination of your account. Any intentional misrepresentations or fraudulent statements in your listing is grounds for immediate termination of your account, at HorseBuff.com’s sole discretion, without any opportunity to cure.
(B) Shop Policies: All sellers are urged to outline shop policies for their HorseBuff.com shop. These policies may include, for example, shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with HorseBuff.com’s site-wide policies. Sellers are responsible for enforcing their own shop policies. HorseBuff.com reserves the right to request that a seller modify a shop policy.
(C) Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. By purchasing an item on HorseBuff.com, the buyer agrees to the specific return and other policies set forth by the individual seller. Both buyer and seller acknowledge and agree that transactions on the Site are between the buyer and seller. The Site exists as the platform for the transaction, but does not make HorseBuff.com a party to the transaction. Accordingly, HorseBuff.com retains the right to suspend or terminate a user's privileges for failing to consummate a transaction, but HorseBuff.com does not have a mechanism to force the completion of a sale.
(D) Fee Avoidance/Void Transactions: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees. You may not misrepresent the item's location, or use another user's account without permission. No sales may be carried out via private message as a means to avoid HorseBuff.com's sales fee. Any other efforts to move sales initiated on HorseBuff.com off-site to avoid fees is strictly prohibited and may result in account suspension or termination. Any transaction initiated on the Site, but consummated off-site will not be subject to any of HorseBuff.com's policies or protections.
(E) Shipping Labels: Please note that when you purchase a shipping label on HorseBuff.com, for either domestic or international use, you are responsible for ensuring that all fields are filled out completely and accurately, including size, weight, description (if any) and declared value (if any). Any liability for a failure, or failures, to accurately or appropriately fill out the information will be transferred to you as the user. You also agree that you will not use a HorseBuff.com shipping label to send anything harmful or dangerous. You agree to indemnify and hold HorseBuff.com, its officers, directors, employees, and agents harmless for any claims or damages associated with any breach of this provision.
5. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to HorseBuff.com and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on HorseBuff.com.
Restricted Activities: Your Content and your use of HorseBuff.com shall not be false, inaccurate or misleading, fraudulent or involve the sale of illegal, counterfeit or stolen items. You shall not infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy. You shall not violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising). Your listing shall not contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall. Your listing shall not be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including HorseBuff.com staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through, for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device. Your listing shall not be obscene or contain any form of pornography. Your listing shall not contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Your listing shall not host images not part of a listing. Your listing shall not modify, adapt or hack HorseBuff.com or modify another website so as to falsely imply that it is associated with HorseBuff.com. Your listing shall not appear to create liability for HorseBuff.com or cause HorseBuff.com to lose (in whole or in part) the services of HorseBuff.com's ISPs or other suppliers. Your listing shall not link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under the Terms of Use, the Privacy Policy, or other policies as posted on HorseBuff.com. Furthermore, you may not list any item on HorseBuff.com (or consummate any transaction that was initiated using HorseBuff.com's service) that, by paying to HorseBuff.com the listing fee or the final value fee, could cause HorseBuff.com to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
6. Content License
(A) Your Content: HorseBuff.com does not claim ownership rights in your Content. You grant HorseBuff.com a license solely to enable HorseBuff.com to use any information or Content you supply HorseBuff.com with, so that HorseBuff.com is not violating any rights you might have in that Content. You grant HorseBuff.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow HorseBuff.com to store or re-format your Content on HorseBuff.com and display your Content on HorseBuff.com in any way as HorseBuff.com chooses. HorseBuff.com can also use any transactional information including sale date and final price for sales completed on HorseBuff.com as it sees fit.
(B) Personal Information: HorseBuff.com will only use personal information in accordance with HorseBuff.com's Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another HorseBuff.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for HorseBuff.com-related communications. HorseBuff.com has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any HorseBuff.com user to your email or physical mail list. For more information, see HorseBuff.com's Privacy Policy.
(C) Re-Posting Content: By posting Content on HorseBuff.com, it is possible for an outside website or a third party to re-post that Content. You agree to hold HorseBuff.com harmless for any dispute concerning this use. If you choose to display your own HorseBuff.com-hosted image on another website, the image must provide a link back to its listing page on HorseBuff.com.
(D) Idea Submissions: HorseBuff.com considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and HorseBuff.com shall not be liable for the disclosure or use of such Material. If, at HorseBuff.com's request, any member sends Material to improve the site (for example through the Forums or to customer support), HorseBuff.com will also consider that Material to be non-confidential and non-proprietary and HorseBuff.com will not be liable for use or disclosure of the Material. Any communication by you to HorseBuff.com is subject to this Agreement. You hereby grant and agree to grant HorseBuff.com, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
7. Information Control
HorseBuff.com does not control the Content provided by users that is made available on HorseBuff.com. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using HorseBuff.com, you agree to accept such risks and expressly agree that HorseBuff.com (and HorseBuff.com's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on HorseBuff.com. Please use caution, common sense, and practice safe buying and selling when using HorseBuff.com.
Other Resources: HorseBuff.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. HorseBuff.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that HorseBuff.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 websites or resources.
8. Disputes, Arbitration, Class Waiver and Venue
(A) JAMS: In the event a dispute arises between you and HorseBuff.com, please contact Support at HorseBuff.com. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Palm Beach County, Florida, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith.
(B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding the tribunal's power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis.
(C) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
(D) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Northern District of Illinois. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
(E) Limitations Period: You and HorseBuff.com agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
(F) Intra-User Disputes: Should you have a dispute with one or more users, or an outside party, you release HorseBuff.com (and HorseBuff.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. HorseBuff.com encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. HorseBuff.com, for the benefit of users, may try to help users resolve disputes. HorseBuff.com does so in HorseBuff.com's sole discretion, and HorseBuff.com has no obligation to resolve disputes between users or between users and outside parties. HORSEBUFF.COM WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE OR UNREASONABLY INFLAMMATORY. To the extent that HorseBuff.com attempts to resolve a dispute, HorseBuff.com will do so in good faith based solely on HorseBuff.com's policies. In the event HorseBuff.com involves itself in a dispute between customers, you expressly waive and release HorseBuff.com (and HorseBuff.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the dispute.
(G) Full Waiver: You expressly waive and release HorseBuff.com (and HorseBuff.com's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the Site, Services or your use of the same.
9. Financing Vendors
From time to time HorseBuff.com may offer financing options and alternatives through Affirm, Inc. or other similar third party vendors (“Financing Vendors”). You acknowledge that Financing Vendors are not agents of HorseBuff.com and HorseBuff.com is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Site you hereby waive and release any and all claims against HorseBuff.com that arise out of your use of, or the services of, any Financing Vendors.
10. Email, Text and Fax Communications
By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with HorseBuff.com and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from HorseBuff.com. You hereby expressly consent to communications of any kind from HorseBuff.com.
11. HorseBuff.com's Intellectual Property
HorseBuff.com, and other HorseBuff.com graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of HorseBuff.com or its affiliated companies in the U.S. and/or other countries. HorseBuff.com's trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of HorseBuff.com.
12. Access and Interference
HorseBuff.com may contain robot exclusion headers which contain internal rules for software usage. Much of the information on HorseBuff.com is updated on a real-time basis and is proprietary or is licensed to HorseBuff.com by HorseBuff.com's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access HorseBuff.com for any purpose whatsoever, except to the extent expressly permitted by HorseBuff.com's with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in HorseBuff.com's sole discretion, an unreasonable or disproportionately large load on HorseBuff.com's infrastructure. You will not copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass HorseBuff.com's robot exclusion headers or other measures HorseBuff.com may use to prevent or restrict access to HorseBuff.com.
13. Breach of HorseBuff.com Terms of Use and Policies
Without limiting its legal recourse or any other remedies, HorseBuff.com may, without notice, and without refunding any fees, delay or immediately remove Content, warn HorseBuff.com's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: (a) HorseBuff.com suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policies and community guidelines incorporated herein; (b) HorseBuff.com is unable to verify or authenticate any of your personal information or Content; (c) HorseBuff.com believes that a user is acting inconsistently with the letter or spirit of HorseBuff.com's policies; or (d) HorseBuff.com believes a user has engaged in improper or fraudulent activity in connection with HorseBuff.com or the actions may cause legal liability or financial loss to HorseBuff.com's users or to HorseBuff.com. Notwithstanding the foregoing, HorseBuff.com retains the right to suspend or terminate a user without cause at HorseBuff.com’s sole discretion.
14. Privacy
Except as provided in HorseBuff.com's Privacy Policy HorseBuff.com will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. HorseBuff.com stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
15. No Warranty
HORSEBUFF.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE HORSEBUFF.COM’S SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. HORSEBUFF.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM HORSEBUFF.COM SHALL CREATE ANY WARRANTY.
16. Limitation of Liability
IN NO EVENT SHALL HORSEBUFF.COM, AND (AS APPLICABLE) HORSEBUFF.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, HORSEBUFF.COM’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. HORSEBUFF.COM’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF HORSEBUFF.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO HORSEBUFF.COM IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
17. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HORSEBUFF.COM AND (AS APPLICABLE) HORSEBUFF.COM'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
18. No Guarantee
HorseBuff.com does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside HorseBuff.com's control.
19. Copyright Policy
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please contact Support at HorseBuff.com.
20. Trademarks
Users of the Site who engage in modifications of instruments or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but HorseBuff.com will aid in the enforcement of legitimate trademarks.
21. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any HorseBuff.com service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on HorseBuff.com's net income). This responsibility includes applicable customs and fees for import and export sales; HorseBuff.com assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through HorseBuff.com. If you complete 200 transactions or more and receive over $20,000 in income from the site, exclusive of HorseBuff.com's fees, you will receive a Form 1099 from HorseBuff.com and be obligated to pay income tax on your earnings. HorseBuff.com is not responsible, in any manner, for paying taxes on your earnings.
22. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
23. No Agency
You and HorseBuff.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
24. Modification of Service or Terms of Use
HorseBuff.com reserves the right to modify or terminate the HorseBuff.com service for any reason, without notice, at any time. HorseBuff.com reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms of Use, regardless of actual notice.
25. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Florida, excluding its conflicts of laws rules, and the United States of America.
26. Survival
All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.
27. Notices
Except as explicitly stated otherwise, any notices shall be given to Support at HorseBuff.com; (in the case of HorseBuff.com) or, in your case, to the email address you provide to HorseBuff.com (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, HorseBuff.com may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to HorseBuff.com. In such case, notice shall be deemed given three days after the date of mailing.
28. Disclosures
The services hereunder are offered by HorseBuff.com, located in Palm Beach County, Florida. If you are a Florida resident, you may have this same information emailed to you by contacting Support at HorseBuff.com with your email address and a request for this information.
Effective Date: April 9, 2018
Updated: April 9, 2018
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