Last Updated: March 30, 2022
Introduction and Acceptance
“Content” means all text, articles, photographs, images, video, audio, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, and all other content, information, and materials available on or through the Service or otherwise made available by us, our licensors, vendors, and/or service providers.
“Device” means any computer, tablet, mobile phone, or any other device capable of accessing the Service.
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, Device, or household. Anonymous, de-identified, or aggregate information is not Personal Information.
“Product” means any merchandise, item, event, product and/or service, including without limitation Content, participation in events, contests and surveys, magazines and other publications that may be featured, mentioned, reviewed, described, auctioned, given away, rented, sold, distributed, or otherwise available on or through the Service, either by us or third parties.
“Service” means each website, mobile site, application, email/text/SMS campaign, event, and/or other activity, offering, or publication provided by us.
“User Content,” whether capitalized or not, means Content that users post, upload, transmit through, or otherwise make available on the Website, including, but not limited to, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials.
“We,” “Us,” “Our” and “Equine Network,” whether capitalized or not, means Equine Network, LLC and its affiliates and subsidiaries.
“Website,” whether capitalized or not, means this website, or any other website created, maintained, or controlled by Equine Network or an Equine Network brand.
“Website Content,” whether capitalized or not, means any Content made available on the Website.
“You” or “Your,” whether capitalized or not, means all those who access, visit and/or use the Service.
Website Access and Use
i. remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice on the Website or Website Content;
ii. circumvent, disable or otherwise interfere with security-related features of the Website including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content;
iii. use an automatic device (such as a robot or spider) or manual process to copy or “scrape” the Website or Website Content for any purpose without our express written permission. Notwithstanding the foregoing, we grant public search engine operators permission to use automatic devices (such as robots or spiders) to copy Website Content from the Website for the sole purpose of creating (and only to the extent necessary to create) a searchable index of Website Content that is available to the public. We reserve the right to revoke this permission (generally or specifically) at any time;
iv. collect or harvest any personally identifiable information from the Website including, without limitation, user names, passwords, email addresses;
v. solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
vi. attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same;
vii. decompile, reverse engineer, or disassemble any portion of any the Website;
viii. use network-monitoring software to determine architecture of or extract usage data from the Website;
ix. encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity;
x. violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
xi. engage in any conduct that restricts or inhibits any other user from using or enjoying the Website.
A. In order to access or use some features of the Website, you may need to become a registered user. If you are under the age of thirteen, then you are not permitted to register as a user or otherwise submit personal information unless we receive appropriate consent from your parent or guardian.
B. If you become a registered user, you will provide true, accurate and complete registration information and, if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password, which may permit you access to certain areas of the Website not available to non-registered users. You are responsible for safeguarding and maintaining the confidentiality of your user name and password. You are solely responsible for the activity that occurs under your user name, whether or not you have authorized the activity. You agree to notify us immediately at firstname.lastname@example.org of any breach of security or unauthorized use of your user name.
A. We may now or in the future permit users to post, upload, transmit through, or otherwise make available on the Website, User Content. Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published on the Website. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
B. You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
C. You will not submit any User Content that:
i. violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
ii. impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
iii. encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
iv. unless otherwise provided herein, is an advertisement for goods or services or a solicitation of funds;
v. includes the personal information of third parties, such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
vi. contains a formula, instruction, or advice that could cause harm or injury; or
vii. is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted.
E. By submitting User Content, you also grant us the right, but not the obligation to use your biographical information including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
F. We reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
G. We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
A. Products may be offered for purchase or auction through the Service. We may receive a commission, fee, and/or other compensation on some Products bought, sold, or auctioned through, or linked from, the Service.
B. Images available of Products may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such Products. Nothing on the Website constitutes a binding offer to sell, rent, auction, distribute or give away any Products. We reserve the right at any time after receipt of your order or bid to accept or decline such order or bid, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order or bid confirmation or after you have been charged. Unless otherwise indicated on the Service, all prices on the Service are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event Products are listed at an incorrect price, we have the right to refuse or cancel orders or bids placed at the incorrect price, regardless of whether the order or bid has been confirmed or you have been charged. If your order or bid is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of Products which you, your family or any group seek.
C. Except for Products that specifically identify us as the seller, all transactions for Products available on or through the Service shall be between the user and the third-party provider without any involvement by us. If you bid on, purchase, order, obtain or research Products on or through the Service, we assume no responsibility for the quality, quantity, size, character, fitness for purpose, specifications, features, functionality, safety, or legality of such products, the truth or accuracy of the listings, or the ability of the sellers to sell, ship, or otherwise provide such products. You agree that we are not responsible, and shall have no liability, with respect to any products available on or through the Service, including illegal, offensive or illicit items.
D. In the Event of any failure of a Product to conform to any applicable warranty, you may be able to notify the applicable third party provider to receive a refund of all or part of the applicable fees, if any (to the maximum amount permitted by applicable law, and neither we nor our third party providers will have any other warranty obligation whatsoever with respect to a Product).
E. Unless expressly permitted by us, all Products are intended for your personal, non-commercial use only, and you may not rent, lease, lend, sell, share, provide, give or otherwise transfer a Product to a third party. You are solely responsible for all usage of Product by you and by those you authorize or allow to use the Product. You must use the Products in compliance with any and all applicable international and U.S. laws, rules and regulations, and you must not make improper use of the Product, as determined in our sole reasonable discretion.
F. Certain Products offered through the Service are eligible for a 100% money back guarantee (a “Guarantee”). A Guarantee will only cover the price of the Product and will not cover shipping and handling fees.
G. You may be entitled to return certain Products offered through the Service. To return an eligible Product, you must contact our support department for a Return Authorization Number (“RMA”). This number must be displayed on the outside of all return packages. Returned packages without RMA numbers will not be accepted. Once a return is received or valid refund request submitted, the refund process will take no more than 30 days. All refunds will be either returned to the original credit card or mailed in check form to the billing name and address. International orders that will be refunded back to the original credit card. You have thirty days from the date of the original purchase to return the Product to receive your refund. Any return received after thirty days may not be processed.]
A. Certain Services may require you to purchase a subscription. Any fees associated with such a subscription will be charged on a monthly basis on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. In some cases, your payment date may change.
B. You can cancel your subscription(s) at any time, and you will continue to have access to the Services through the end of your monthly billing period. We do not provide refunds or credits for any partial-month subscription periods. To cancel, go to the website for the Services for which you have a subscription, select the “Cancel Membership” option, and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period.
C. For certain Services, you may be eligible for a free trial subscription. The free trial subscription lasts for one month, or as otherwise specified during sign-up and is intended to allow new and certain former users to try the Service. Eligibility for a free trial is determined by us at our sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial. We will charge you a full subscription fee at the end of the free trial period.
[D. Subscribers will be notified prior to any automatic renewal.]
A. Certain Services support “classified” postings, which permits you to list an item or service for sale to other users of the Services. By listing an item, you signify your intention and ability to sell that item. If you offer an item for sale, you are obligated to complete the transaction and acknowledge that not doing so may in some cases be legally actionable by a buyer. You may list any product that you have the right to sell. We reserve the right to delete your listing in our sole discretion.
B. You may not list items for sale that are listed on the prohibited items list below. Sellers who submit unauthorized, illicit, infringing, illegal or otherwise prohibited items or services may be barred from use of the Services at our sole discretion. You are responsible for complying with any and all applicable laws. Any items you seek to sell through the Services: (a) shall not infringe any third-party intellectual property right (including copyright, trademarks, patent, trade secrets or other proprietary rights); (b) shall not be counterfeit, stolen, or fraudulent;c) shall not contain any obscene or pornographic materials, including, without limitation, all materials deemed harmful to or inappropriate for minors.
C. Prohibited items include:
- Any items that infringe any intellectual property right or proprietary right (copyright, trademark, patent, trade secrets, rights of publicity or privacy). Such items include anything that you do not own the title and right to resell.
- Illegal or harmful items, including, without limitation: (1) any stolen or fraudulent items or services and (2) any obscene or pornographic materials, including, without limitation, child pornography or other material harmful to minors.
- Tied-sales listings (i.e., items that require the purchase of additional items or services).
- Items with excessive or undisclosed shipping or handling fees.
- Duplicate items.
D. If your offer for the purchase of an item has been accepted by the seller you are obligated to complete the transaction unless there are exceptional circumstances such as the terms of sale have changed, you are unable to verify the identity of the seller, or the seller materially changes the description of the item or service after you make your offer. You understand that not completing an otherwise valid agreement may in some cases be legally actionable by the seller. You may not commence purchases under a false name or with an invalid credit card, check, or funds (such fraudulent conduct is a violation of federal and state laws). Fraudulent buyers may be reported to relevant state and federal law enforcement agencies and we will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Website Content and Third-Party Links
A. We provide the Website including, without limitation, Website Content for educational, entertainment and promotional purposes only. You may not rely on any information and opinions expressed on any of our Websites for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
B. In many instances, Website Content will include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized employees or spokespersons while acting in their official capacities.
C. Any human or animal health related information that may be posted is not intended to be a substitute for professional medical advice. We do not endorse or warrant the validity of any such health-related statements found on this Website or in any in third party sites referenced in the Website. This information should be treated as general in nature which may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician (or veterinarian) prior to changing or undertaking a new health related program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Website.
D. If there is a dispute between persons accessing the Website or between persons accessing the Website and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release us, our officers, directors, employees, parents, partners, successors, agents, affiliates, subsidiaries, and related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
E. We expressly disclaim any responsibility for the consequences, if any, of errors or omissions included on the Website, but would appreciate direct notification of any errors that you may identify.
F. The Website may contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, SERVICES, PRODUCTS, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, EQUINE NETWORK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY: (1) WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR WEBSITE CONTENT; (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE; (5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE; (6) WARRANTIES THAT YOUR USE OF THE WEBSITE WILL BE SECURE OR UNINTERRUPTED; AND (7) WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED.
Limitation of Liability
C. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.
A. We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and at our sole discretion, we may terminate and/or disable your use of the Services if you are suspected of infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to Content on any of our websites or hosted on our systems that may be infringing or the subject of infringing activity.
B. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Equine Network, LLC
5710 Flatiron Parkway, Suite C
Boulder, CO 80301
C. If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work’s copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
Choice of Law; Jurisdiction and Venue
Dispute Resolution and Mandatory Arbitration
A. Before filing a claim against us, you agree first to contact us at email@example.com in order to informally resolve the dispute. If we are not able to resolve your dispute within 15 days of contacting us, you may bring a formal proceeding.
B. You and Equine Network agree to resolve any claims relating to the Service through final and binding arbitration through a single arbitrator. The American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitration will be held in the United States county where you live or work, New York City, or any other location Equine Networks agrees to. The AAA rules will govern payment of all arbitration fees.
C. You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class.
No Class Actions
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Amendment; Additional Terms
A. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.