Effective as of December 12, 2017
THESE TERMS CONTAIN IMPORTANT LIMITATIONS OF OUR LIABILITY TO YOU AND SPECIFIC DISPUTE RESOLUTION PROCEDURES. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR SERVICE. BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OUR SERVICE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME, AND THOSE CHANGES SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING THE MODIFIED TERMS. YOU AGREE TO REVIEW THESE TERMS PERIODICALLY TO BE AWARE OF SUCH CHANGES AND YOUR CONTINUED USE OF OUR SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS.
If you do not agree with each and all of these Terms, you are not authorized to use our Service and you must leave the Site immediately.
LIMITED PROFESSIONAL ASSISTANCE
Some business transactions are complex and your participation in them can give rise to legal and financial obligations. Use of this Service is intended for those who are familiar with the legal and financial implications of entering into the transactions this Service enables. Any liabilities arising due to your failure to become fully informed about the risks of entering into such transactions are yours alone. Any advice you receive through our site whether provided by us, our third-party providers or other users, should not be relied upon and is no substitute for engaging the services of appropriate professionals in light of the facts and circumstances of your particular situation.
We are an informational service provider only and do not guarantee the performance of our users. Unless otherwise set forth in a separate written agreement executed by us, we have no direct involvement in any transaction for the purchase or sale of any product or service using our Service. No brokerage, agency or fiduciary relationship (including, without limitation, attorney-client) is created between you (or any other party) and us by virtue of your (or such party’s) use of our Service.
FORUM AND OTHER USER CONTENT
We intend to serve as a neutral, objective service provider of a platform upon which you and others can participate in the exchange of information, including statements of fact and opinion. Nonetheless, we have no obligation to exercise any editorial control over any content posted on the Site. We do not endorse or ratify any statements made by any user of our Service. We may (but are not be obligated to) report to appropriate governing bodies any act or omission of any person that is in violation of these Terms or the rules, regulations, canons of conduct, or other requirements we may promulgate from time to time. We may, but shall have no obligation to, remove any content posted on our Site at any time for any reason. The Communications Decency Act (47 U.S.C. § 230) provides that we, as the provider of our Service, shall not be responsible for the information provided by the users of our Site, and you shall have no claim against us for the posts of our users.
NEWS (INCLUDING EQUINE COURT) AND GUEST CONTRIBUTORS
As part of our Service, our staff and guest contributors post news articles, court filings, and other content we deem newsworthy. While our staff and guest contributors take good-faith measures to verify the accuracy of articles or statements (including current events, arrests, court opinions, etc.) contained in such content, we are not responsible for, nor do we warrant in any way, the accuracy of such content. You understand that such content may contain inaccuracies, typographical errors, or statements to which you disagree and that we have no obligation to remove or otherwise modify such content.
PREMIUM SERVICES AND FEES
While not all functions on our Service require a fee, certain functionalities of the Site (such as background checks) (“Premium Services”) may require one-time or periodic payments to us for access and use. By ordering such Premium Services, you are authorizing us to bill your credit card or another applicable payment method on file in the amounts set forth in our fee schedule. You shall additionally be responsible for and shall immediately pay us, on demand, any payments that are made to us that are subject to a subsequent reversal or chargeback. You represent and warrant that the credit card information supplied to us is true, correct, and complete, that payments made by you will be honored by your credit card company, and that you shall pay for all charges incurred through use of your login credential. You are solely responsible for payment of all sales and other taxes arising from your use and access to our Service.
THIRD PARTY SERVICES (INCLUDING BACKGROUND CHECKS)
Certain Premium Services provided or offered on our Site, including background checks, are performed by one or more third parties regardless of whether we process your payment for such Premium Services. We do not guarantee or warrant the results of, or your satisfaction with, such Premium Services. We have NO access to any background check results.
DISCLAIMER OF WARRANTIES
ALL PRODUCTS AND SERVICES ON THE SITE ARE OFFERED ON AN “AS IS, WHERE IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, SATISFACTION, ACCURACY, ENJOYMENT, QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, AND NON-INFRINGEMENT. You acknowledge and agree that we have not made, do not make, and explicitly negate and disclaim, any and all representations, warranties, promises, covenants, agreements, or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present, or future, of, as to, concerning or with respect to our Service, including without limitation: (a) the value, nature, quality, condition, merchantability, marketability, profitability, or fitness for a particular purpose of any products or services purchased from us or from another user; (b) the suitability, including credit worthiness, of another user for any or all purposes; (c) the compliance of or by any user with any laws, rules, or ordinances of any applicable governmental authority or body; and (d) the accuracy or truthfulness of any information provided by us or hosted on the Site.
GENERAL USER CONDUCT
You are solely responsible for all documents and other content you upload to the Site, including without limitation ensuring the veracity thereof and obtaining the legal permission to so disclose such content. You represent and warrant that all such content is in compliance with applicable law and all applicable provisions hereof. Such content shall not be hateful, threatening, obscene, unprofessional, or posted for purposes other than in furtherance of our Service. You agree to use our Service responsibly, with good judgment, and in a manner conforming to a minimum of prevailing standards for internet and business etiquette. For example and without limitation, while using our Service you shall not: (a) violate any applicable law or regulation; (b) infringe the rights of us or any third party, including without limitation intellectual property, privacy, and contractual rights; (c) use information obtained through our Service for any unauthorized purpose; (d) interfere with or damage our Service, including without limitation through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, forged electronic mail address information, means to reproduce or circumvent the navigational structure or presentation of our Service or its contents, or similar methods or technology; (e) use our Service unlawfully to transmit, distribute, post, or submit any private information concerning any other person or entity, including without limitation photographs, personal contact information, or numbers of credit, debit, or calling cards or accounts; (f) use our Service in connection with the distribution of unsolicited commercial email or advertisements; (g) stalk or harass any other user of our Service; (h) collect any information about any other user other than as customarily arises in the course of permitted use of our Service; (i) use our Service for any unauthorized commercial purpose; (j) impersonate any person or entity; (k) remove any copyright, trademark, or other proprietary right notices or legends contained in our Service; (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of our Service or any software used on or for our Service; (m) collect or compile information from our Site using any manual or automated means; or (n) assist or facilitate any third party in doing any of the foregoing.
YOUR INTERACTIONS WITH OTHER USERS OF OUR SERVICE
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR THIRD PARTIES IN CONNECTION WITH YOUR USE OF OUR SERVICE, INCLUDING WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS, AND ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS WITH OTHER USERS OF OUR SERVICE, PERSONS, OR ENTITIES YOU INTERACT WITH THROUGH OUR SERVICE, OR ANY BUSINESS TRANSACTIONS INTO WHICH YOU MAY ENTER INTO WITH SUCH THIRD PARTIES. YOU MUST CONDUCT YOUR OWN DUE DILIGENCE RESPECTING INTERACTIONS OR BUSINESS RELATIONSHIPS WITH OTHER USERS.
Our Service is intended for persons 18 years or older and we do not knowingly permit anyone under the age of 18 to use our Service. By using our Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority, and capacity to accept these Terms and abide by all of the terms and conditions set forth herein.
AUTHORITY TO ENTER INTO THIS AGREEMENT
If you are a business (i.e., not an individual), the individual registering or using our Service on your behalf represents and warrants that he or she has the authority to bind you and otherwise act on your behalf for any and all purposes. We rely upon such representation and if the individual acting on your behalf lacks such authority, then in addition to your liability in connection with the use of our Service, such individual may be held personally liable for the same.
Any PRO banned from our site prior to 2018, for breaching any provision of these Terms will remain on the site and will prominently display an indication that such PRO has been banned in the horse PRO reviews upon relaunch. We may entertain petitions for reinstatement from any banned PRO, but shall have no obligation to reinstate any banned PRO other than in our sole and absolute discretion. Unless stated otherwise on our then-current schedule of fees, the fee for consideration of a petition for reinstatement is $2,500.
By submitting any content to our Site, you represent and warrant to us that such content is true and correct in all respects to the best of your knowledge, that you have the right to so submit such content, and that our use of your content as described on the Site will not infringe or violate the rights of any third party, including without limitation any intellectual property rights and rights of privacy. Unless otherwise specified in any other document pertaining to specific content, you will continue to own all content you submit to our Site; provided, however, that by use of our Services and/or the submission of your content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right and license to use, distribute, and publish your content, in any media now known or not currently known, in any manner incident to our operation of our Service.
Your correspondence or business dealings with, or participation in promotions or services of horse professionals, equine businesses, advertisers, consumers, sellers, sponsors or agents found on or through the Site, including payment for and delivery of related goods, services, or real property, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that we 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 or third parties on the Site, including without limitation the accuracy of their advertisements, the timeliness of their delivery, or any other aspect of their performance or nonperformance. You are strongly encouraged to do independent diligence regarding any potential transaction with any user, advertiser, or other third party found on or through the Site.
LINKS TO OTHER SITES
The Site may contain links to third party websites and resources. Such sites and resources are not under our control and we shall not be responsible for the contents or functions thereof. We provide such links as a convenience, and the inclusion of any link does not imply endorsement by us or any association with its operators.
You agree that all content and materials available on our Site are protected by our and the applicable third parties’ rights of publicity, copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Except for information in the public domain or for which you have been given express written permission by us to the contrary, you agree not to sell, license, rent, modify, distribute, copy, reproduce, print out, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any materials or content available on our Site. Notwithstanding the above, you may use the content and materials on our Site in the course of your normal use of our Service. You agree not to use of any of our trademarks as metatags on other websites. You agree not to display any of our Site in a frame (or any of our content via in-line links) without our express written permission, which may be requested by contacting us at info at horseauthority.co. You may, however, establish ordinary links to the homepage and other major sections of our Site without our written permission.
USERNAME AND PASSWORD
You will select a username and password when completing the registration process. You are solely responsible for maintaining the confidentiality of your username and password and are solely responsible for all activities that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username and password or any other breach of security, and (b) ensure that you log off from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We may employ various reasonable means to verify the identity of each user registering on the Site. We make no warranties as to the accuracy of the identity of any user. You acknowledge and agree that we are authorized to act on instructions received through use of your username and password, and that we may, but are not obligated to, deny access or block any transaction made through use of your credentials without prior notice if we believe your username and password are being used by someone other than you, or for any other reason.
TERM AND TERMINATION
The term of this Agreement will be in effect and continue for so long you use our Service. You may terminate your account with us by emailing info at horseauthority.co. Termination requests will take up to 30 days to effectuate. We reserve the right to terminate your account for any or no reason and without notice. In any event, the termination of your account may not result in the removal of your account’s post or access history and we are not responsible for removing such history. We are not liable to you or any third party for your loss of access to our Service. These Terms shall survive termination.
MODIFICATION DISCONTINUANCE OF SERVICE
We reserve the right at any time to limit access to, modify, change, suspend, or discontinue any portion of our Service (either on or a temporary or permanent basis) without prior notice. You agree that we will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of our Service.
We may provide assistance and guidance through our representatives. When communicating with our representatives, you may not be abusive, obscene, threatening, harassing, or racially offensive, or otherwise behave inappropriately. If we believe that your behavior towards any of our representatives is at any time threatening or offensive, we reserve the right to immediately terminate your access to our Service.
BLOCKING OF IP ADDRESSES
In order to protect the integrity of our Service, we reserve the right at any time in our sole discretion to block users on certain IP addresses from accessing our Site.
LIMITATION OF LIABILITY
A. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO, OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE OUR SERVICE, (B) THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING OUR SERVICE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY PROS, CONSUMERS, SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICE, (E) THE ACCURACY OF ANY INFORMATION PRESENTED ON THE SITE REGARDING ANY PRO; OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH OUR SERVICE, THE SITE, OR THESE TERMS.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS, THE INABILITY TO PROCURE SUPPLIES OR MATERIALS, JUDICIAL DELAYS, PERFORMANCE DEFECTS, OR THE CURE THEREOF.
IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICE OR THESE TERMS EXCEEDING THE SUM OF THE AGGREGATE AMOUNT OF FEES PAID TO US BY YOU DURING THE THEN PRECEDING 30 DAYS.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE HAVE NO CONTROL OVER THE BEHAVIOR OF ANY OTHER USER OF THE SITE, AND WE HEREBY DISCLAIM ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OTHER USERS.
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 LIMITATIONS HEREIN MAY NOT APPLY TO YOU, BUT SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY LAW.
INDEMNIFICATION; RELEASE; WAIVER
You agree to defend, indemnify, and hold harmless us and our subsidiaries, parents, affiliates, and each of our and their directors, officers, managers, members, partners agents, and employees (collectively, the “Protected Group”) from and against each and every claim, demand, action, damage, loss, cost, and expense, including without limitation reasonable attorneys’ fees, incurred in connection with any suit or proceeding brought against us arising out of your use of our Service or alleging facts or circumstances that could constitute a breach by you of any provision of these Terms or any of the representations and warranties set forth above. If you are obligated to indemnify us, we will have the right in our sole and unfettered discretion to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms. In the event of a dispute between you and any other user of the Site, you hereby release us and our affiliates (and us and their officers, directors, agents, affiliates, subsidiaries, joint ventures and employees) from all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You hereby waive any and all claims you may have against us, our clients, and the other customers of our Service in connection with our and their use of our Service not constituting a breach hereof.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, you must send us your written notice of infringement pursuant to the Notice provision below.
You are solely responsible for your interactions with other users of our Site. We reserve the right, but have no obligation, to monitor interactions between you and other users.
You and we agree to attempt to resolve any and all past, present, and future disputes, claims, actions, or other controversies arising out of in any way our Service, these Terms, and/or your relationship with the Protected Group (each, a “Dispute”) through an informal dispute resolution process. If a Dispute arises, you and we agree to first notify the other party in writing pursuant to the Notice provision herein (a “Dispute Notice”). A valid Dispute Notice shall contain: (A) the name, address and preferred contact information of the party giving the notice; (B) a description of the nature and basis of the applicable Dispute; (C) the facts giving rise to such Dispute; and (D) the specific relief sought by the party giving the notice. If you and we are unable to resolve the Dispute informally after 30 days from the receipt of the Dispute Notice, you and we agree that such Dispute shall be resolved on an individual (non-class) basis before a binding arbitration in Tampa, Florida in accordance with the rules of the American Arbitration Association. The arbitrator (and not any federal, state or local court, agency, or other authority) will have the exclusive authority to resolve any and all Disputes, including issues relating to the scope, interpretation, applicability, and enforceability of this Agreement.
If you do not desire to be bound to resolve all Disputes exclusively through arbitration proceedings, then you must notify us in writing, no later than 30 days following the later of the date you initially accept these Terms, that you desire to reserve arbitration as a non-exclusive means of Dispute resolution (your “Opt-Out Notice”). Such opt-out shall only apply to Disputes accruing after the date of our receipt of your Opt-Out Notice, and any Opt-Out Notice not received timely shall be void for all purposes.
APPLICABLE LAW AND CHOICE OF FORUM
These Terms shall be interpreted in accordance with the laws of the State of Florida without reference to conflict of law principles. You and we agree that any action at law, in equity, under contract (including under these Terms) or otherwise that is excluded from, or otherwise not subject to arbitration as set forth herein, must be filed, and that venue properly lies, only in the state or federal courts located in the city and county of Tampa, Florida. You and we hereby irrevocably consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.
Any written notice required pursuant to these Terms shall be provided for as follows: if to be given to us, shall be emailed to us at info at horseauthority.co and shall simultaneously be posted via certified U.S. Mail, return receipt requested, to:
Rate My Horse Pro, LLC
Attn: Legal Counsel
400 North Tampa Street
Tampa, Florida 33602
If to be given to you, shall be given electronically to the address on file, and deemed received upon transmission.
NOTE REGARDING DEFENSE OF FREE SPEECH
We take free speech and public participation extremely seriously, and we have successfully defended the hosting of third-party statements and other public commentaries on our Service as protected by law. In the event an action is brought against us respecting content hosted on our Service (including, without limitation, news, articles, forum posts, and horse PRO reviews), we will defend such hosting to the full extent of the law and, if applicable, we will pursue counterclaims against those who bring any malicious, frivolous, and/or meritless claims in order to recover the full costs to defend such claims and seek punitive damages where available.
These Terms contain the entire understanding between you and us regarding the subject matter hereof and supersede all prior and contemporaneous agreements and understandings. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. If any provision contained in these Terms is found to be invalid or unenforceable, such provision shall be recast to the extent required to make it valid and enforceable and the other provisions hereof shall be unaffected thereby, and the invalidity or unenforceability of any of provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, all of which shall remain in full force and effect. This Agreement may be assigned by us to any third party, but you may not assign this Agreement or any of your rights or obligations hereunder without our express, written consent.
REGARDING SHARING OF OUR SITE’S CONTENT
Without limitation of our absolute discretion regarding the use, distribution, or reproduction of content on our Site, if you desire to share any such content on another website you must, at a minimum, adhere to the following rules: (a) you shall prominently link to our Site and attribute us as the source; (b) you shall not duplicate the content of our Site (including the title or body of the content being shared); and (c) you shall take all actions necessary to avoid any reader confusion as to the author or source of such information, including following best practices related to ethical content curation.
If you have any comments or questions regarding this Agreement or wish to report any violation of these Terms, please contact us at info at horseauthority.co.