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Welcome to Horsesmarts.net. It is required that you read and accept our user’s agreement, which explains our policies, before using our site. By accepting and using our site you are bound by these rules. From time to time these rules may be revised; so the user should reread this section periodically. Continued use of Horsesmarts.net will be taken as your agreement to these changes. Users of this Site need to be able to sign legally binding contracts. Therefore no minor (person under the age of 18) will use this site unless it is in conjunction with his or her parent or legal guardian. By registering with this site you are required to give truthful and accurate information. Horsesmarts.net - auctions offers a venue for buyers to place bids on Horse Smarts products. Horsesmarts.net - classified ads provides a place for sellers of products or services to advertise their wares. We accept these ads on good faith that the product or service advertised is as stated. If we find that the information in an ad is not true we reserve the right to discontinue the ad and deny the placer of the ad from placing further ads. Horsesmarts.net has no control over the pricing, quality, delivery, or payment of the products offered on the classified site. We do not enter into the selling or purchasing process other than to offer a place for it to happen. By using Horsesmarts.net you are agreeing to release Horsesmarts.net and all of its employees, directors, officers, subsidiaries and agents from all involvement in any disputes between you and another user of Horsesmarts.net. You will not make claims or demands against this company for any losses or damages you feel you have incurred related to a transaction on this Site. You acknowledge that this release and waiver is an essential and material provision of the agreement, and that Horsemarts.net would not have allowed you to use the site if you had not agreed to this release and waiver. Be it known that we do not control or verify the information posted in the classified section. Some ads may use offensive or inappropriate language; some ads may be deceptive, misleading or inaccurate. You may report any offenses of this nature at info@horsesmarts.net . Please recognize that some of the users of this Site may not be trustworthy and that by your use of this Site you are accepting that risk. Buyers are responsible for compliance with all applicable tax laws and for paying any applicable taxes. Your bidding on an item guarantees that you have the ability to pay the amount you bid in a manner permitted by tHorse Smarts. You agree to the seller’s terms of sale as set forth with the item’s description (provided that the terms do not violate the law or this agreement), and agree that you will complete the purchase of the item if you are the highest bidder at the completion of the bidding and Horse Smarts accepts your bid. Once made, bids cannot be revoked except in extraordinary cases, such as a clear typographical error. Do not place a bid unless you are prepared to be legally bound to buy the item at the price you bid. You agree to comply with all applicable laws, rules and regulations relating in any way to your use of Horsesmarts.net. You may not register under or use a false name or use an invalid or unauthorized credit or debit card. You may not make bids under a false name, impersonate another person, or use another user's password. Fraudulent conduct is a violation of state and federal laws, and is strictly prohibited. We may report any conduct we consider fraudulent or potentially fraudulent to law enforcement agencies, and we will cooperate with law enforcement agencies in an effort to ensure that violators are prosecuted to the fullest extent permitted by law. Horsesmarts.net does not undertake any responsibility to attempt to monitor the Site for potential infringement of third parties' intellectual property rights, copyrights, trademarks, or trade dress and Horsesmarts.net is not liable for such infringements arising out of material posted on or transmitted through the Site or items listed or sold on the Site. If you believe that your rights under United States or international copyright, trademark or other laws are being violated by any materials posted on or transmitted through the Site, or by items listed on the Site, please contact us promptly by emailing us at info@Horsesmarts.net so that we may investigate the situation and, if appropriate, block or remove the offending material or item. It is our policy to disable access to infringing materials, and to terminate access of infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information: An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you believe has been infringed; A description of where the material that you claim is infringing is located or identified on the Site Your name, address, telephone number, and, if available, e-mail address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and A statement by you that the information submitted to us is accurate, under penalty of perjury, and that you are the owner of the copyright or intellectual property or are authorized to act on behalf of the owner of the copyright or intellectual property. The above information should be provided to Horsesmarts.net at info@Horsesmarts.net We reserve the right to prohibit conduct, communication, or content that we deem at our sole discretion to be unlawful or harmful to us, any user, or any third party. That said, we cannot ensure prompt removal of questionable content after online posting. Accordingly, neither Horsesmarts.net, nor any of its officers, directors, employees, or agents assumes any liability for any action or inaction with respect to conduct, communication, or content on the Site. You agree that you will not take any action that imposes or may impose an unreasonable load on the Site or its infrastructure. You agree further that you will not take any action that interferes or attempts to interfere in any manner what so ever with the operation of the site. You also agree that you will not manipulate or attempt to manipulate the price of any item listed on the Site or interfere with any other user's listing or transaction. You may not download (other than page caching) or modify the Site or any portion of it, without our express written consent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited (except in accordance with this agreement), or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Horsesarts.net without our express written consent. You agree not to place bids or have others place bids for the purpose of artificially affecting the outcome of the bidding. You may also not bid on items you listed or have others bid on those items to artificially end the bidding or inflate the price of the item. Privacy issues You agree not to use any information you learn as a result of using the Site about any other user of the Site for any purpose other than completing a purchase or sale of an item in accordance with this agreement, unless the other user specifically authorizes your use of the information. Without limiting the foregoing, you agree not to use any such information for purposes of making any solicitation of any nature, advertising any product or service, sending any unsolicited email or other communication, or engaging in conduct constituting harassment of any person, invasion of privacy, objectionable conduct, or conduct that would be inconsistent with our Privacy Policy. Except as permitted by our Ratings System, you are prohibited from posting any information to the Site concerning any other user or that would identify any other user in any way. To the extent permitted by applicable law, we have the right, but not the obligation, to monitor any activity on the Site, and to investigate any reported violation of this agreement or our policies and any complaint relating to the use of our Site by any person, and to take any action we deem appropriate, including the issuance of warnings, suspending or terminating a listing or registration or the use of the Site, removing listings, bids or other materials from the Site, and to report any activity we suspect violates any law, rule or regulation to law enforcement or other appropriate authorities. We reserve the right to access and disclose to law enforcement agencies and other appropriate authorities any information we deem necessary or appropriate, including, without limitation, user identification information and any other information we may have. Under no circumstances shall Horsesmarts.net or any of its officers, directors, employees, agents or others be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Horsesmarts.net’s records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortuous action, even if an authorized representative of Horsesmarts.net has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. In addition to any other courses of action available to us, we may suspend or terminate your use of the Site if you violate any of the terms of this agreement or any of the policies or other documents incorporated into this agreement. We also may suspend or terminate your use of the Site if we are unable to verify information you provide to us or if we suspect that your actions may harm us or the Site or another user or potentially cause legal liability to us, you or another user. We may also suspend or terminate your use of the Site without notice to you or any other person for any other reason or for no reason at all. You agree to indemnify and hold harmless Horsesmarts.net and each of its officers, directors, employees, consultants, agents, subsidiaries and affiliates from any and all claims, demands, losses, liabilities, damages and expenses (including costs of investigation, defense and attorneys' fees) of any kind and nature whatsoever arising out of or in any way connected with your violation of this agreement or any of the policies or other documents incorporated into this agreement, or your violation of any applicable law, rule or regulation, or your violation of any other person's rights, including without limitation any violation or infringement of any person's copyright or other intellectual property right or privacy rights. Your indemnification obligation will survive and continue in effect after any termination of this agreement or of your use of the Site. Any dispute you may have with Horsesmarts.net or any of its officers, directors, employees, consultants, agents, subsidiaries or affiliates relating in any way to this agreement or your visit to or use of the Site shall be submitted to confidential arbitration in Illinois, except that, to the extent that we believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in any such court, and you waive any claim of inconvenient forum or similar claim. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding, and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, unless otherwise elected by us, no arbitration under this agreement shall be joined to any arbitration involving any other party, whether through class arbitration proceedings or otherwise. General If any provision of this agreement is held to be invalid, void, or unenforceable, that provision shall be reformed, if permitted by applicable law, to give effect as nearly as may be possible to the intention of the provision as written in accordance with applicable law, and the remainder of this agreement shall remain in effect; otherwise, the provisions of this agreement shall be deemed severable and any invalid, void or enforceable provision shall not affect the validity or enforceability of any other provision of this agreement or the documents incorporated into this agreement. This agreement and the documents incorporated herein constitute the entire agreement of Horsesmarts.net and you as a user of the Site, and neither this agreement nor any of the documents incorporated herein may be modified by any course of dealing or otherwise except by our written amendment of this agreement or other document. You may not assign this agreement without our prior written consent.
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