1. Acceptance of Terms
Welcome to seriousinquiriesonlyequine.com. seriousinquiriesonlyequine.com provides its service to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. In consideration for your use of seriousinquiriesonlyequine.com Services, you agree to accept all TOS, together with any modifications or amendments thereto. Throughout the TOS, the term “you” shall mean the user of the service, whether that user is a natural person, corporation or other entity. In addition, when using particular seriousinquiriesonlyequine.com services, you and seriousinquiriesonlyequine.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the TOS.
2. Description of Service
seriousinquiriesonlyequine.com currently provides users with access to a rich collection of resources including various communication tools, classifieds services, shopping services, personalized content and branded programming through its network of partners and properties (the “Service”). You understand and agree that the Service may include advertisements and certain communications from seriousinquiriesonlyequine.com, such as service announcements, administrative messages and the seriousinquiriesonlyequine.com Newsletter, and that these communications are considered part of seriousinquiriesonlyequine.com membership. You may opt out of receiving the newsletter and advertising partner messages.
You understand and agree that the Service is provided “AS-IS” and that seriousinquiriesonlyequine.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, for any third-party fees involved, and 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 seriousinquiriesonlyequine.com for the placement of your Ad, whether or not you upload a photo or video with your Ad. Upon receipt of all amounts owed, 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 until the expiration or cancellation of the Ad. The photo or video upload shall comply with all requirements and procedures set forth by seriousinquiriesonlyequine.com.
seriousinquiriesonlyequine.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. It is your responsibility to remove your ad from the Service upon sale or transfer. seriousinquiriesonlyequine.com is not responsible for typos or accidental errors appearing on the service, nor for violations created or caused by service users and/or customers. We suggest that you report any incidents of fraud to the Internet Crime Complaint Center and your local authorities.
Only one horse for sale, lease or stud per listing.
4. No Guarantee
seriousinquiriesonlyequine.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 the site. seriousinquiriesonlyequine.com does not guarantee the owner/seller’s services, representations, or any horse’s performance or fitness for a particular purpose. seriousinquiriesonlyequine.com strongly recommends that a pre-purchase exam be performed by the buyer’s equine veterinarian of choice on any horse prior to purchase. seriousinquiriesonlyequine.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
5. Your Registration Obligations
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 agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form and (b) maintain and promptly update that information. If you provide information that is untrue, inaccurate, not current or incomplete, seriousinquiriesonlyequine.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service.
6. Privacy Policy
Registration Data and certain other information about you is subject to our Privacy Policy, which is incorporated by reference into the TOS.
7. Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify seriousinquiriesonlyequine.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.
8. Member Conduct
You, and not seriousinquiriesonlyequine.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You agree to not use the Service to:
- upload or make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, or misrepresent your affiliation with a person or entity;
- make available any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- make available any unsolicited advertising, “junk mail,” “spam,” “chain letters,” or any other form of solicitation, except in areas designated for such purpose;
- make available any material that contains software viruses or code designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service;
- “stalk” or otherwise harass another; or
- collect or store personal data about other users.
seriousinquiriesonlyequine.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 violates any provision of the TOS or is otherwise objectionable.
9. Violations
If you see slanderous or malicious Content on our site, or a possible stolen or missing horse listed for sale, please notify us at support@seriousinquiriesonlyequine.com. We will, in our sole discretion, remove any Content deemed malicious, scandalous, harmful or inconsistent with the integrity and prestige of our Service.
10. Acknowledgement of Risk
You agree that you have evaluated the risks of using 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. You acknowledge that seriousinquiriesonlyequine.com may access, preserve, and disclose your account information and Content if required to do so by law or where reasonably necessary to comply with legal process, enforce the TOS, respond to claims that Content violates the rights of third parties, respond to your requests for customer service, or protect the rights, property, or personal safety of seriousinquiriesonlyequine.com, its users and the public.
11. International Use
You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
12. Content Submitted for Inclusion on the Service
seriousinquiriesonlyequine.com does not claim ownership of any Content you submit. However, with respect to Content you submit to publicly accessible areas of the Service, you grant seriousinquiriesonlyequine.com a world-wide, royalty-free, perpetual and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content solely for the purposes of providing and promoting seriousinquiriesonlyequine.com.
13. Indemnity
You agree to indemnify and hold seriousinquiriesonlyequine.com, its subsidiaries, affiliates, officers, agents, partners and employees harmless from any claim, loss, cost, liability, damage or expense, including attorneys’ fees, arising from Content you submit, your use of the Service, your violation of the TOS, or your violation of any law 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, use of the Service, or access to the Service. You may not hold yourself out as a representative of seriousinquiriesonlyequine.com in any way.
15. General Practices Regarding Use and Storage
seriousinquiriesonlyequine.com may establish general practices and limits concerning use of the Service and has no responsibility or liability for the deletion or failure to store any messages, communications or other Content maintained or transmitted by the Service. seriousinquiriesonlyequine.com reserves the right to log off accounts that are inactive for an extended period of time.
16. Modifications to Service
seriousinquiriesonlyequine.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, and shall not be liable to you or any third party for any such modification, suspension or discontinuance.
17. Termination
seriousinquiriesonlyequine.com may, under certain circumstances and without prior notice, immediately terminate your account, any associated Content, and access to the Service. Grounds include breach of the TOS, requests by law enforcement, your own request, discontinuance of the Service, unexpected technical or security issues, extended periods of inactivity, failure to pay for the Service, and violations of any law. All terminations for cause are made in seriousinquiriesonlyequine.com’s sole discretion.
18. Dealings with Advertisers
Your correspondence or business dealings with advertisers found on or through the Service, including payment and delivery of related goods or services, are solely between you and such advertiser. seriousinquiriesonlyequine.com shall not be responsible or liable for any loss or damage incurred as the result of any such dealings.
19. Links
The Service may provide links to other websites or resources. seriousinquiriesonlyequine.com has no control over such sites and is not responsible for their availability, nor does it endorse or take responsibility for any Content, advertising, products, or other materials available from them.
20. Proprietary Rights
The Service and any software used in connection with it contain proprietary and confidential information protected by applicable intellectual property laws. Except as expressly authorized, 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, and not to access the Service by any means other than the interface provided by seriousinquiriesonlyequine.com.
21. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SERIOUSINQUIRIESONLYEQUINE.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. SERIOUSINQUIRIESONLYEQUINE.COM MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE.
22. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SERIOUSINQUIRIESONLYEQUINE.COM, ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OR INABILITY TO USE THE SERVICE, THE COST OF SUBSTITUTE GOODS AND SERVICES, UNAUTHORIZED ACCESS TO YOUR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR 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 may not apply to you.
24. Notice
seriousinquiriesonlyequine.com may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
25. Trademark Information
The seriousinquiriesonlyequine.com logo, trademarks and service marks and other seriousinquiriesonlyequine.com logos and product and service names are trademarks of MyReiner, LLC. Without prior written permission, you agree not to display or use the seriousinquiriesonlyequine.com Marks in any manner.
26. Claims of Copyright or Intellectual Property Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide seriousinquiriesonlyequine.com’s Copyright Agent with: a signature of the person authorized to act on behalf of the owner; a description of the copyrighted work; a description of where the infringing material is located on the site; your address, telephone number and email address; a statement of good-faith belief that the use is not authorized; and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner’s behalf.
By mail: Copyright Agent, c/o seriousinquiriesonlyequine.com Inc., 7205 W 175 N, Switz City, IN 47465
27. General Information
Entire Agreement. The TOS constitute the entire agreement between you and seriousinquiriesonlyequine.com and govern your use of the Service, superseding any prior agreements.
Choice of Law and Forum. The TOS and the relationship between you and seriousinquiriesonlyequine.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 administered by the American Arbitration Association under the Commercial Arbitration Rules, before three arbitrators, held in Maricopa County, Arizona. The arbitrators’ award will be final and binding; no punitive or exemplary damages may be awarded.
Attorneys’ Fees. If any party must employ counsel to enforce the TOS, the non-prevailing party agrees to pay the other party’s costs and expenses, including reasonable attorneys’ fees.
Waiver and Severability. The failure of seriousinquiriesonlyequine.com to enforce any provision of the TOS shall not constitute a waiver of that provision. If any provision is found invalid, the remaining provisions remain in full force and effect.
Non-Transferability. Your account is non-transferable and any rights to your account terminate upon your death.
Statute of Limitations. Any claim arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim arose or be forever barred.
28. Messages Between Members
Members can message each other through the Service about listings and seller profiles. Messages and the photos sent with them are stored on our servers so both members can read the conversation in their account.
To keep the marketplace safe and to prevent fraud and spam, seriousinquiriesonlyequine.com staff may read any conversation, including conversations that have not been reported, and may act on what they find, including removing listings and suspending or closing accounts. Do not use messages to share passwords, payment card numbers or bank details.
You may archive a conversation, report it to us, or block another member, after which neither of you can message the other. Messages must follow the Member Conduct rules in section 8. When you close your account, the messages you sent are deleted; the other member keeps their own messages, shown as a conversation with a deleted user.