Terms of Use

This website, AllThingsHORSE.com, (the “Website”) is a service of All Things HORSE and its affiliates (“Dahlgren Entities, LLC”). This is a legally binding agreement between you and All Things HORSE; please read it carefully. By using the services offered on Website or by continuing to view materials on Website, you are consenting to be bound by these Terms of Use.

 

1. General Provisions

All Things HORSE respects your privacy. Please take a moment to review our privacy policy. Since the Web is an evolving medium, All Things HORSE may change the terms of this agreement from time to time. By continuing to use Website following our posting of such changes, you agree to be bound by this agreement, as modified. All Things HORSE may change, restrict access to, suspend, or discontinue this Website, or any portion of Website, at any time and without notice to you. The material that appears on Website is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing items, animals, or services you’ve read about on Website, you should confirm with the seller any information (including the price) that is important to your purchasing decision. All Things HORSE is not responsible for, and does not guarantee the condition, soundness, health, physical appearance, performance, or any other aspect of any such animal, item or service.

 

2. Buying and Selling

Website is a classified ad search engine and listing service that brings together buyers and sellers. Information about a particular item, animal or service is supplied by the seller, not by All Things HORSE. All Things HORSE will not be a party to any transaction between a buyer and seller based upon information posted on Website. At no time does All Things HORSE take title to any of the animals or products offered for sale on Website. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on the Website may exclude other charges which may be added to the listed price to arrive at the final price of a particular product. Though we hope that all who come to Website will act honorably and treat each other fairly, we can not and will not verify the information sellers supply or guarantee or warranty the animals, products or services they offer. Nor can or will we assure the seller that the check he/she gets from the buyer is not returned for insufficient funds or the payment be fraudulent. When using Website to find a buyer for your listed animal, product or service, or to find a seller for an animal, product or service you want to buy, we urge you to use the same common sense and good judgment you would use in selling or buying an animal, product or service through, or responding to, a classified ad in the newspaper or other publication. There is no substitute for healthy skepticism and your own good judgment. We strongly suggest you obtain the services of a veterinarian or other qualified individual, as applicable, to evaluate any animal or item you are considering.

 

Sellers: When you place an ad on Website, you must be prepared to sell the animal, product or service in the ad at the price at which, and the terms on which, you’ve listed it. You must have possession of the actual animal or product listed and the ability to transfer ownership. To list an animal, product or service for sale on Website, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any animal, product or service listed for sale on Website, nor may you use Website to promote, without our prior written permission, any other websites’ products, animals, or services. All Things HORSE reserves the right to deny use of Website to anyone who does not comply with these requirements or who otherwise uses Website in a manner we consider, in our sole discretion, inappropriate.

 

Responsibility for the information contained in ads lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted through Website. Nothing will undermine a user’s confidence in the item you’re looking to sell faster than inaccurate statements or misleading representations about the item. Since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat Website users fairly and honorably.

 

Though we don’t monitor transactions that originate on Website, we reserve the right to perform random quality assurance tests to confirm that those who offer animals, products or services for sale over Website are prepared to sell the animals, products or services they advertise at the prices at which, and the terms on which, they advertise them. By placing an ad on Website, you agree to cooperate in any such random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller, in our sole discretion, is engaging or intends to engage, in unfair or deceptive practices, All Things HORSE reserves the right to deny that seller’s use of Website and our ad services.

 

Although All Things HORSE cannot monitor all the ads posted to Website, we reserve the right (but assume no obligation) to delete, move, or edit any ads or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using Website you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy Website. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency or subpoena), to enforce our Terms of Use, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or All Things HORSE.

 

By placing an ad on Website, you agree to pay the fees specified for the service you select, regardless of whether your animal, product or service sells as a result of the listing. Take care in selecting your ad type and submitting your ad information.  There are limited instances under which listing fees are refundable.  Providing erroneous information, mistakes in description or failure to sell your animal, product or service is not a reason for a refund.  Click here for our Refund Policy.

 

3. Links to Other Sites

For your convenience, Website and/or its search feature will make available a variety of links to other websites that we don’t operate nor with whom we are affiliated where you can find other items for sale that meet your search criteria. All Things HORSE is not responsible for the animals, products or services vendors provide. If you choose to purchase any item through such a third-party website, you are bound by their terms of use and any other requirements or provisions they may have. You release All Things HORSE from any damages that you may incur, and agree not to assert any claims against All Things HORSE arising from your purchase or use of said third-party web sites.

 

4. Ownership and Permissions

Website is made available for your personal and commercial use for the purpose of advertising animals, products or services. Except for ads that appear in a search result and are for sale on other web sites, the materials on this site are the property of All Things HORSE, and are protected by U.S. copyright laws, other intellectual property laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of All Things HORSE. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from All Things HORSE. Requests for permission to reproduce or distribute materials found on All Things HORSE should be emailed to ATHSupport@AllThingsHORSE.com.

 

When you provide us with content for an advertisement to be placed on Website, you grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free license to publish, display, transmit and make any other commercial use of that content in any media now existing or created in the future. This license includes the right to modify and make derivatives of the content, as well as to store all content in an accessible archive. This license includes the right to stop others from using identical content on any other website that may complete, directly or indirectly, with Website.

 

You are permitted to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by All Things HORSE or any of its affiliates. However, without the prior written permission of All Things HORSE, you may not frame any of the content of All Things HORSE, nor incorporate into another website, electronic or printed material any intellectual property of All Things HORSE or its affiliates. Requests for permission to frame our content may be sent by email to ATHSupport@AllThingsHORSE.com.

 

You may not use Website to violate copyright, trademark or service mark, right of publicity or other intellectual property rights of any person or entity. By submitting material, images or content to be posted on Website, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner and that you have obtained all necessary releases associated with the public display and commercial user of the materials. If you are the owner of copyrighted, trademark or service mark material or any intellectual property and you believe the material was uploaded by one of the website’s users, you should contact our copyright officer by filling out a support ticket (select the category entitled “Copyright”) with all of the following information and send this completed information to ATHSupport@AllThingsHORSE.com.

  • Name and signature of the owner who has the exclusive right to the material that is allegedly being infringed.
  • Contact information such as address, email address, or phone number of the material owner.
  • The identification of the material that is allegedly infringing your copyright, trademark or service mark or any other intellectual property in Website.
  • A statement from the owner or its agent stating that the allegedly infringing material was never given authorization to be used.
  • A declaration, preferably on a letterhead, that states the information provided to our copyright officer is100% accurate, and that under the penalty of perjury, you have the authority to take action against those who have allegedly infringed.

 

5.  Disclaimer of Warranties and Limitation of Liability

IF YOU RELY ON WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. WEBSITE IS PROVIDED TO YOU “AS IS.” ALL THINGS HORSE AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH WEBSITE (OR ANY INFORMATION, PRODUCTS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH WEBSITE). NOR DO WE OR THEY GUARANTEE THAT WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

UNDER NO CIRCUMSTANCES WILL ALL THINGS HORSE OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, SHOULD ALL THINGS HORSE BE FOUND LIABLE IN ANY ACTION BROUGHT BY YOU, YOU AGREE THAT THE LIABILITY OF ALL THINGS HORSE AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

 

YOU AGREE THAT YOU WILL NOT HOLD ALL THINGS HORSE RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF ANY OTHER USER OF WEBSITE, INCLUDING ACTIONS BASED ON PRODUCT POSTED BY THOSE THIRD PARTIES AND ACTIONS ARISING OUT OF THE SALE OF ANY ANIMAL, PRODUCT OR SERVICE BASED ON A POSTED AD FOUND ON WEBSITE.

 

6. Indemnity

You agree to indemnify and hold All Things HORSE, its officers, members, directors, agents, affiliates subsidiaries, joint ventures, and employees harmless from any damages arising out of any claims or demands. Including reasonable attorney’s fees, made by any third party due to or arising out of your breach of these Terms of Use, your use of Website or your violation of any law or the rights of any third party.

 

7. Release

If you have a dispute with any other user of Website, you hereby agree to release All Things HORSE, its officers, members, directors, agents, affiliates subsidiaries, joint ventures and employees from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected to such disputes.

 

8. Registration

To obtain access to certain services on Website, you will be given an opportunity to register. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete.  You will not register under the name of another Website client nor attempt to enter sales information for animal, product or service under the user name and password of another person. We reserve the right to disallow use of user names that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing Website through any username/password assigned to you. You will notify All Things HORSE of any known or suspected unauthorized use of your account.

 

9. Miscellaneous

No spamming or data scrapping from Website is allowed. We want potential buyers visiting Website to feel free to share their email addresses with those listing horses for sale on our site. By listing an animal, product or service on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that animal, product or service. By using Website, you agree not to use information concerning other users of Website, or the animal, product or service they have listed or searched for on Website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed animal, product or service.

 

These Terms of Use have been made in, and will be construed in accordance with the laws of the State of Colorado. By using Website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Larimer County, Colorado in all disputes arising out of or relating to this Agreement or use of Website.