Terms of Service
1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
Equinebarn.com currently provides users with access to a rich collection of resources including various communication tools and forums, classifieds services, shopping services, personalized content, site hosting and branded programming through its network of partners and properties (the “Service”). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Equinebarn.com to provide the Service. You also understand and agree that the Service may include certain communications from Equinebarn.com, such as service announcements, administrative messages, advertising partner messages and the Equinebarn.com Newsletter, and that these communications are considered part of Equinebarn.com membership. You may opt out of receiving the newsletter and advertising partner messages. Unless explicitly stated otherwise, any new features or Services that augment or enhance the current Service, including the release of new Equinebarn.com properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Equinebarn.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. CONDITIONS OF ADVERTISEMENT SERVICES
You agree to pay, in advance, all amounts or fees owed to Equinebarn.com for the placement of your Ad, whether or not you upload a photo or video with your Ad. Upon Equinebarn.com’s receipt of all amounts or fees owed for the selected Ad, you shall have the right to upload a photo or video with your Ad (depending on the type of Ad purchased) at any time up and until the expiration or cancellation of the Ad, whichever occurs first. If you elect to place a photo or video with your Ad, you shall have the responsibility of providing and uploading your photo or video with your Ad. The photo or video upload shall comply with all requirements and procedures set forth by Equinebarn.com. Equinebarn.com may, upon request, provide technical assistance if needed.
As further consideration for the payment, in advance, of all amounts or fees owed Equinebarn.com for placement of your Ad, and in the event, you do not upload a photo or video with your Ad, for any reason whatsoever, you shall retain the right, but not the obligation, to upload a photo or video for any subsequent Ad of the same type (Horse for Sale or Stallion at Service, and so on) purchased from Equinebarn.com. This right to upload a photo or video shall expire thirty-six (36) months from the date you placed your first Ad or the upon exercise of that right, whichever first occurs. The right to place a photo or video may be transferred to any subsequent Ad of the same type (Horse for Sale or Stallion at Service, and so on) that you purchase from Equinebarn.com. The right to upload a photo or video belongs solely to you and may not be assigned or transferred to any other person or entity without the express written consent of Equinebarn.com.
Equinebarn.com does not expressly or impliedly guarantee the sale of your horse, your horse’s services, nor the owner’s products or services. All advertisement listings are subject to reasonable editorial changes to maintain the integrity and prestige of our service. If you provide contact information for people interested in your horse(s) products or services, Equinebarn.com is not responsible for any misuse of this information. It is your responsibility to remove your ad from the Equinebarn.com service upon sale or transfer. Equinebarn.com is not responsible for typos or accidental errors appearing on the service. Equinebarn.com is not responsible for violations created or caused by service users and/or customers. Potential violations include, but are not limited to: copyright, trademark, trade names, patents, or other violations of any local, state, federal or international laws. Equinebarn.com, in its sole discretion, may display your classified ad on any, some or all of its partner Networks without your consent. We suggest that you report any incidents of fraud to the Internet Crime Complaint Center and your local authorities. Subject to court order or law enforcement directions Equinebarn.com reserves the right to remove or not remove an ad based on the accusation of fraud. Postings on Equinebarn.com are dynamic and Equinebarn.com is not responsible for saving variations and changes to postings. Equinebarn.com does not as a matter of course retain copies of expired postings.
Only one horse for sale, lease or stud per listing.
4. NO GUARANTEE
Equinebarn.com does not guarantee the sale of your horse, your horse’s services, your products or services or any other product or service advertised on Equinebarn.com’s site. Equinebarn.com does not guarantee the owner/seller’s services, representations, or any horse’s performance or fitness for a particular purpose. In addition, Equinebarn.com strongly recommends that a pre-purchase exam should be performed by the buyer’s equine veterinarian of choice, on any horse prior to purchase. Equinebarn.com does not guarantee or warrant the performance of any person or entity advertising on its site. Equinebarn.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Equinebarn.com does offer a 180 Day Money Back Guarantee for certain purchased advertisements. Click here for details.
5. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Equinebarn.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Equinebarn.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). When you create an Equinebarn.com Account and allow your child to access the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children using the Equinebarn.com account. By allowing a child to use your Equinebarn.com account, you also give your child permission to access all of the Services including, email, message boards, instant messages and chat (among others). Please remember that the service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 8 below) are appropriate for your child.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities, whether authorized by you or not, that occur under your password or account. You agree to (a) immediately notify Equinebarn.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Equinebarn.com shall not be liable for any loss or damage arising from your failure to comply with this Section 5, including, but not limited to, any unauthorized use.
8. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (hereinbefore and after the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Equinebarn.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Equinebarn.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Equinebarn.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Equinebarn.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
You acknowledge that Equinebarn.com may not pre-screen Content, but that Equinebarn.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse to publish or remove any Content that is available via the Service. Without limiting the foregoing, Equinebarn.com and its designees, in their sole discretion, shall have the right to remove any Content that violates any provision of the TOS or is otherwise objectionable.
If you see slanderous or malicious Content on our site, please notify us. We will, in our sole discretion remove any Content deemed malicious, scandalous, harmful or inconsistent with the integrity and prestige of our Service. If you see a possible stolen or missing horse listed on our site for sale, please contact us and it will be removed as soon as possible after verification of claim has been received from an appropriate authority. Please report any violations of the TOS to our Equinebarn.com.
10. ACKNOWLEDGEMENT OF RISK
You agree that you have evaluated the risks of using the Service, including, but not limited to, misuse of your information by third parties, damage to your computer or system through the use of the Service and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. As a result, you agree to assume all risks associated with the use of any Content. In this regard, you acknowledge that you may not rely on any Content created by Equinebarn.com.
You acknowledge, consent and agree that Equinebarn.com may access, preserve, and disclose your account information and Content if required to do so by law or Equinebarn.com reasonably believes in good faith that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Equinebarn.com, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Equinebarn.com and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
11. INTERNATIONAL USE
You acknowledge the global nature of the Internet and you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Equinebarn.com does not claim ownership of any Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Equinebarn.com the following world-wide, royalty free and non-exclusive license(s), as applicable:
- The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting Equinebarn.com to which such Content was submitted or made available. This license exists in perpetuity.
“Publicly accessible” areas of the Service are those areas of the Equinebarn.com network of properties that are intended by Equinebarn.com to be available to the general public.
You agree to indemnify and hold Equinebarn.com, its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees harmless against and with respect to any action, suit, proceeding, demand, assessment, judgment, loss, cost, liability, damage or expense, including attorneys’ fees and court costs, now existing or hereafter arising as a proximate result of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS or violation of any international, federal, state or local treaty, statute, law and/or regulation relating to your use of the Service.
14. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Equinebarn.com ID), use of the Service, or access to the Service. You may create Content on behalf of another so long as they have agreed to all site terms. You may not present or hold yourself out as a representative of Equine or represent Equine in any way.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Equinebarn.com may establish general practices and limits concerning use of the Service, including without limitation the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Equinebarn.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Equinebarn.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Equinebarn.com reserves the right to modify these general practices and limits from time to time.
16. MODIFICATIONS TO SERVICE
Equinebarn.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Equinebarn.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Equinebarn.com may, under certain circumstances and without prior notice, immediately terminate your Equinebarn.com account, any associated Content, and access to the Service. Grounds for such termination shall include, but shall not be limited to, (a) breach or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) extended periods of inactivity, (g) failure to pay for the Service, and (h) violations of any law, statute, treaty or rule pertaining to your use or connection to the Service. Termination of your Equinebarn.com account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Equinebarn.com’s sole discretion and that Equinebarn.com shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
18. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions with, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Equinebarn.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide or third parties may provide links to other World Wide Web sites or resources. Because Equinebarn.com has no control over such sites and resources, you acknowledge and agree that Equinebarn.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Equinebarn.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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
20. EQUINEBARN.COM’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Equinebarn.com or advertisers, you agree not to use, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Equinebarn.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not and do not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Equinebarn.com for use in accessing the Service.
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EQUINEBARN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- EQUINEBARN.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EQUINEBARN.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EQUINEBARN.COM, ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EQUINEBARN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
23. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
24. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any Service, receive or request any news, messages, alerts or other information from the Service concerning loans, insurance or other financial, real estate or legal services or issues, please read the above Sections 19 and 20 again. The Service is provided for informational purposes only. Equinebarn.com, its agents, officers, employees, successors, assigns or licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any decisions made based on such information.
25. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.
Equinebarn.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
27. TRADEMARK INFORMATION
The Equinebarn.com logo, EQUINEBARN.COM and Equinebarn.com Network logo, trademarks and service marks and other Equinebarn.com logos and product and service names are trademarks of Equinebarn.com, Inc. (hereinafter collectively the “Equinebarn.com Marks”). Without Equinebarn.com’s prior written permission, you agree not to display or use in any manner, the Equinebarn.com Marks.
28. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Equinebarn.com respects the intellectual property of others, and we ask our users to do the same. Equinebarn.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe on the copyrights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Equinebarn.com’s Copyright Agent the following information:
- an electronic or physical signature of the 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 claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Equinebarn.com’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent c/o Equinebarn.com.
29. GENERAL INFORMATION
- Entire Agreement. The TOS constitute the entire agreement between you and Equinebarn.com and governs your use of the Service, superceding any prior agreements between you and Equinebarn.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Equinebarn.com services, affiliate services, third-party content or third-party software.
- Choice of Law and Forum. The TOS and the relationship between you and Equinebarn.com shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.
- Waiver of Jury Trial; Arbitration. You agree to submit any dispute arising out of this Agreement to binding Arbitration. Either party may submit any dispute arising out of the terms of this Agreement to binding arbitration administered by the American Arbitration Association under the Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. The parties agree that any such controversy shall be submitted to three arbitrators selected pursuant to the provisions of the American Arbitration Association Commercial Arbitration Rules. This arbitration agreement applies regardless of the claims or causes of action alleged. The arbitrators’ award will be final and binding, but in no event can an award exceed the amount of direct compensatory damages actually incurred by the claiming party, and no party can recover for anything other than the benefit of the bargain under the agreement. The parties further agree that no punitive or exemplary damages can be considered or awarded by the arbitrators. The parties agree that the American Arbitration Association Commercial Arbitration Rules are modified as follows: the procedures set forth in Arizona’s Rules of Civil Procedure applicable in Arizona will govern the arbitration, including those relating to disclosures and listing of witnesses and exhibits, initiation and completion of discovery, and dispositive motions. The parties agree that any arbitration conducted in this case shall be held in Maricopa County, Arizona.
- Attorneys’ Fees. In the event it becomes necessary for any party to employ counsel to enforce any of the provisions of the TOS, or the breach thereof, then, in that event, the non-prevailing party agrees to pay to the other party all of such other party’s costs and expenses, including reasonable attorneys’ fees.
- Waiver and Severability of Terms. The failure of Equinebarn.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
- No Right of Survivorship and Non-Transferability. You agree that your Equinebarn.com account is non-transferable and any rights to your Equinebarn.com member account, password, ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Miscellaneous. If any provision in the TOS is held to be illegal, invalid or unenforceable, such provision shall be reformed to reflect the intent of the parties and the economics of the transaction and the validity, legality or enforceability of the remaining provisions will not, in any way, be affected or impaired thereby.
- Headings contained in the TOS are included for convenience only and form no part of the agreement between the parties. If a question of interpretation arises, the Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.