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EquinePro.Media – Terms of Service

 

ACCEPTANCE OF TERMS

EquinePro.Media provides sales and marketing services 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 EquinePro.Media 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 EquinePro.Media services you 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 the Privacy Policy, are incorporated by reference into the TOS.

 

DESCRIPTION OF SERVICE

EquinePro.Media provides users with access to a rich collection of resources including various communication tools and forums, advertisement services, shopping services, personalized content, site hosting, custom marketing and promotion material, and branded programming through its network of partners and properties (the “Service”).

You also understand and agree that the Service may also include advertisements from 3rd party vendors which are necessary for EquinePro.Media to continue providing top quality Service.

You also understand and agree that the Service may include periodic communications from EquinePro.Media such as service announcements, administrative messages, advertising partner messages and the EquinePro.Media Newsletter, and that these communications are considered part of EquinePro.Media membership. You may choose to opt out of the newsletter and advertising partner messages in your member profile settings.

Unless explicitly stated otherwise any new features or Services that augment or enhance the current Service, including the release of new EquinePro.Media software, marketing tools, and other properties, shall all be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that EquinePro.Media assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. It is the responsibility of the user/member for obtaining access to the Service which may involve third party fees (such as Internet service provider or airtime charges) and paying for any fees, including those fees associated with the display or delivery of advertisements.

In addition, you must provide all equipment necessary to access the Service and pay any fee associated with such service providers.

 

CONDITIONS OF ADVERTISEMENT SERVICES

You agree to pay, in advance, all amounts or fees owed to EquinePro.Media for the placement of your Ad(s), whether or not you upload a photo or video with your Ad.

Upon receipt of all 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 before the expiration or cancellation of the Ad, whichever occurs first. If you choose to upload a photo or video with your Ad, it is your responsibility to edit, trim, or produce the image or video with your Ad unless you have purchased a package that includes custom marketing assistance. The photo or video upload shall comply with all requirements and procedures set forth by this TOS. EquinePro.Media may, upon request, provide technical assistance if needed.

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, EquinePro.Media is not responsible for any misuse of this information. It is your responsibility to remove your ad from the EquinePro.Media service upon sale or transfer.

EquinePro.Media is not responsible for typos or accidental errors appearing on the service.

EquinePro.Media 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.

EquinePro.Media, at its sole discretion, may display your classified ad on any, some, or all of its partner Networks (if any) 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 EquinePro.Media reserves the right to remove or not remove an ad based on the accusation of fraud. 

Postings on EquinePro.Media are created using dynamic coding from information provided by the user and is therefore not responsible for saving variations and changes to postings.

EquinePro.Media does not retain copies of expired postings.

Only one horse for sale, lease, or stud service per listing. 

 

NO GUARANTEE

EquinePro.Media 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.

EquinePro.Media does not guarantee the owner/seller’s services, representations, or any horse’s performance or fitness for a particular purpose. In addition, EquinePro.Media strongly recommends that a pre-purchase exam be performed by the buyer’s equine veterinarian of choice, on any horse prior to purchase.

EquinePro.Media does not guarantee or warrant the performance of any person or entity advertising on its site.

EquinePro.Media does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content.

 

YOUR REGISTRATION OBLIGATIONS

In consideration of the use of any Service provided by EquinePro.Media, you represent that you are of legal age to form a binding contract and 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, incomplete, or if EquinePro.Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, EquinePro.Media 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 EquinePro.Media Account and allow your child to access the account, you certify that you are at least 18 years old and are the legal guardian of the child/children using the account. By allowing a child to use your EquinePro.Media account, you also give your child permission to access all the Services including but not limited to, 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.

 

PRIVACY POLICY

Registration Data, including certain information about you, is subject to our Privacy Policy. For more information, see our full privacy policy at https://equinepro.media/privacy-policy

 

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 account.

You agree to (a) immediately notify EquinePro.Media 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.

EquinePro.Media shall not be liable for any loss or damage arising from your failure to comply with this Section, including, but not limited to, any unauthorized use.

 

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 EquinePro.Media, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. EquinePro.Media 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 EquinePro.Media be liable in any way for any Content, including but not limited to, that which contains errors or omits any Content, or for any loss or damage of any kind incurred because of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  1. 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;
  2. harm minors in any way;
  3. impersonate any person or entity, including, but not limited to, an EquinePro.Media official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. 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);
  6. 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;
  7. 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;
  8. 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;
  9. 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;
  10. “stalk” or otherwise harass another; or
  11. collect or store personal data about other users.

You acknowledge that EquinePro.Media may not pre-screen Content, but that EquinePro.Media 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, EquinePro.Media 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.

 

VIOLATIONS

If you see slanderous or malicious Content on our site, please notify us at info@EquinePro.Media. 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 at info@EquinePro.Media at 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 seriousinquiriesonlyequine.com.

 

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 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. 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 EquinePro.Media.

You acknowledge, consent and agree that EquinePro.Media may access, preserve, and disclose your account information and Content if required to do so by law or EquinePro.Media 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 EquinePro.Media, 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 EquinePro.Media 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.

 

INTERNATIONAL USE

You acknowledge the global nature of the Internet and 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.

 

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

EquinePro.Media does not claim ownership of any Content you submit or make itself available for inclusion on the Service you provide. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant EquinePro.Media 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 EquinePro.Media 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 EquinePro.Media network of properties that are intended to be available to the general public.

 

INDEMNITY

You agree to indemnify and hold EquinePro.Media, 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.

 

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 EquinePro.Media ID and credentials, 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 EquinePro.Media or represent EquinePro.Media in any way.

 

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that EquinePro.Media 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 EquinePro.Media 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 EquinePro.Media reserves the right to log off accounts that are inactive for an extended period.

You further acknowledge that EquinePro.Media reserves the right to modify these general practices and limits from time to time.

 

MODIFICATIONS TO SERVICE

EquinePro.Media reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EquinePro.Media shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

 

TERMINATION

You agree that EquinePro.Media may, under certain circumstances and without prior notice, immediately terminate your EquinePro.Media account, any associated Content, and access to the Service. Grounds for such termination shall include, 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 EquinePro.Media 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 at the sole discretion of EquinePro.Media , who 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.

 

ADVERTISERS

Your correspondence or business interactions 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 interactions or transactions, are solely between you and such advertiser. You agree that EquinePro.Media shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such transactions or as the result of the presence of such advertisers on the Service.

 

LINKS

The Service offered may provide links to other websites or resources. Because EquinePro.Media has no control over such sites and resources, you acknowledge and agree that EquinePro.Media 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 EquinePro.Media 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.

 

EquinePro.Media’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 EquinePro.Media 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.

EquinePro.Media 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 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. Additionally, it is not permissible for you to 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 EquinePro.Media for use in accessing the Service.

 

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EquinePro.Media 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.
  2. EquinePro.Media 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.
  3. 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.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EquinePro.Media OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. 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.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EquinePro.Media, 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 EquinePro.Media 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.

 

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.

 

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. EquinePro.Media, 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.

 

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.

 

NOTICE

EquinePro.Media may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.

 

TRADEMARK INFORMATION

The EquinePro.Media logo and all variations present and future, trademarks, and service marks and other EquinePro.Media logos, product and service names are trademarks of EquineProMedia, LLC. (Hereinafter collectively the “EquinePro.Media Marks”). Without EquinePro.Media’s prior written permission, you agree not to display or use in any manner, the EquinePro.Media Marks.

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

EquinePro.Media respects the intellectual property of others, and we ask our users to do the same. EquinePro.Media 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 EquinePro.Media with the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. 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;
  6. 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.

EquinePro.Media’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o EquineProMedia, LLC
2700 W El Camino Real #349
Mountain View, CA 94040

 

GENERAL INFORMATION

  1. Entire Agreement:  The TOS constitute the entire agreement between you and EquinePro.Media and governs your use of the Service, superseding any prior agreements between you and EquinePro.Media. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other EquinePro.Media services, affiliate services, third-party content, or third-party software.
  2. Choice of Law and Forum:  The TOS and the relationship between you and EquinePro.Media shall be governed by the laws of the State of California without regard to its conflict of law provisions.
  3. 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 California’s Rules of Civil Procedure applicable in the state of California 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 Santa Clara County, California.
  4. 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 party’s costs and expenses, including reasonable attorneys’ fees.
  5. Waiver and Severability of Terms:  The failure of EquinePro.Media 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.
  6. No Right of Survivorship and Non-Transferability:  You agree that your EquinePro.Media account is non-transferable and any rights to your EquinePro.Media 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.
  7. 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.
  8. 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.
  9. 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.

 

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