Last Updated: August 8, 2011

As an online service provider, Horse Collaborative, Inc. (the “Horse Collaborative”) gives you the ability to create your own free website to connect and share with equestrian friends, professionals, organizations and causes.  Also included in this “Service” are various forms of communication, forums, classifieds and shopping services, an interactive calendar and directory. You understand and agree that the Service may include advertisements on your website page and that these advertisements provide the financial support for Horse Collaborative to operate. In addition, you understand and agree that the Service may include certain communications from Horse Collaborative, such as service announcements, administrative messages, advertising partner messages and the Horse Collaborative Newsletter, and that these communications are considered part of Horse Collaborative membership.  You may opt out of the Horse Collaborative Newsletter and/or advertising partner messages, but will continue to receive administrative messages. 

These Terms of Service (TOS) contain general terms that apply to all users of the Horse Collaborative Platform whether they create, join or browse different Horse Collaborative user websites, the directory, calendar, forum, blogs or ads. Specific services may have posted its own set of guidelines, policies or rules (collectively called the “Guidelines”). All of these Guidelines are part of this Agreement and are hereby incorporated by reference.

The TOS may be updated by us from time to time without giving notice to you. In consideration for your use of Horse Collaborative Services, you agree to accept all TOS, together with any modifications or amendments. Throughout the TOS, the term "you" shall mean the user of the service, whether that user is a natural person, corporation or other entity.

You represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these TOS. If you are using or creating a website on the Horse Collaborative Platform as a representative of a company or legal entity, you represent that you have the authority to enter into this Agreement on behalf of that company or entity, and you agree that the terms "you" and "your" in this Agreement refers to your company or legal entity. By registering with us or using or browsing the Horse Collaborative website and platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you can stop using the Horse Collaborative web site and platform at any time.

A SPECIAL NOTE ABOUT CHILDREN

We recognize a special obligation to protect personal information obtained from children. Therefore, we refuse to permit people under the age of 13 to participate in our site, and at our discretion, we may refuse to permit people under the age of 18 to participate in our site.  PARENTS AND GUARDIANS ARE RESPONSIBLE FOR ANY CHARGES INCURRED BY THEIR CHILDREN ON THIS SITE.

If you are a parent and for any reason you are concerned that your child, under the age of 18, has disclosed personally identifiable information to the Horse Collaborative , and you wish to have your child''s personal information or account amended or deleted from our records, or if you want the Horse Collaborative to discontinue further collection or use of your child''s personal information, please email us to update or remove your child''s information as appropriate.

PRIVACY

Please see our Privacy terms  Your use of the Horse Collaborative website or the Service signifies acknowledgement and agreement to our privacy policy.  You further acknowledge and agree that the Horse Collaborative may, in its sole discretion, preserve or disclose your Content (as defined herein), as well as your information, including but not limited to email addresses, IP addresses, timestamps and other useful information, for any purposes it deems necessary, including but not limited to: if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal processes; to enforce the TOS; respond to claims that any Content violates the rights of third parties; to respond to claims that information of a third party has been posted without such third party’s consent or as a form of harassment; or to protect the rights, property or personal safety of the Horse Collaborative, its officers, employees, agents, successors or assigns, its users or the general public.

CONTENT INFORMATION

The Horse Collaborative’s website, platform and the Service are protected to the maximum extent permitted by copyrightlaws and international treaties.  Content displayed on or through the website, platform or Service is protected by copyright as a collective work and/or compliation, pursuant to copyright laws and international convention.  You hereby represent that you own the copyright to your original writing, artwork, postings, messages, text, files, images, photos, video sounds or other materialsposted on this site (the “Content”), you have the legal right to upload the Content to the Horse Collaborative website and platform, and your posting is in effect a world-wide, royalty free and non-exclusive license permitting Horse Collaborative the electronic use of this Content. The license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service is solely for the purposes of providing and promoting Horse Collaborative to which such Content was submitted or made available. This license exists in perpetuity. The Horse Collaborative may, from time to time,  use such content in a print medium in addition to displaying such Content on its website.  . Horse Collaborative owns the cumulative copyright to the site.

If you create your own Horse Collaborative website, you are responsible for managing all the Content that has been uploaded and published on your site.  More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Horse Collaborative website or platform.  Your responsibilities also include managing the actions, conduct and content submitted to your site by your “friends” so that they are in compliance with the TOS. This means that you, and not Horse Collaborative, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. 

Though we want a site that is respectful of all, we cannot guarantee this. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.  Under no circumstances will Horse Collaborative be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. We ask for your help in reporting any malicious or destructive behavior to us.  We have the right at any time to pull down content or a site if we feel these objectives are not being met.

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, 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, a Horse Collaborative official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

4.      Upload any Content that includes personal or identifying information about another person without that persons’s explicit consent;’

5.      Contact anyone who has asked not to be contacted;

6.      Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

7.      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);

8.      Post, upload, email transmit or otherwise make available any Content that violates federal, state or local equal opportunity employment laws, including but not limited to, stating in any advertisement ffor employment a preference or requirement based on race, color, religion, sex, national origin, age or disability;

9.      Post, upload, email transmit or otherwise make available any Content, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;

10.   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;

11.   Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

12.   Attempt to gain unauthorized access to the Horse Collaborative’s computer systems;

13.   Use any form of automated device or computer program that enables the submission of postings on the Horse Collaborative website or platform without each posting being manually entered by the author thereof (an “Automated Posting Device”), including but not limited to the use of any such Automated Posting Device to submit postings in bulk, or for automatic submission of postings at regular intervals;

14.   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;

15.   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;

16.   Disrupt the normal flow of dialogue with an excessive amount of Content (a flooding attack) to the Service, or otherwise negatively affect other users’ abilities to use the Service;

17.   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;

18.   You will not collect users'' content or information, or otherwise access Horse Collaborative, using automated means without our permission;

19.   You will not bully, intimidate, stalk or harass any user;

20.   You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity, pornographic imagery, depictions of sexual conduct or graphic or gratuitous violence; or

21.   Collect or store personal data about other users, for any unlawful or commercial purpose.

You acknowledge that Horse Collaborative will not pre-screen Content, but that Horse Collaborative 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, Horse Collaborative, in their sole discretion, shall have the right to remove any Content that violates any provision of the TOS or is otherwise objectionable.

POSTING AGENTS

A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on the Horse Collaborative''s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from the Horse Collaborative.  Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from the Horse Collaborative.

NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements through the Horse Collaborative’s compauter systems, which is expressly prohibited by these TOS, is a violation of certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. Section 1030 et. Seq.).  Such violations may subject the sender and his or her agents to civil and criminal penalities. 

CONDITIONS OF ADVERTISEMENT SERVICES, FEES

You agree to pay, in advance, all amounts or fees owed to Horse Collaborative for the placement of your Ad. Horse Collaborative may, at its discretion, provide technical assistance if needed.  These amounts and fees are access fees for permitting Content to be posted in a designated area.  Each party posting Content to the Service is responsible for said Content and for compliance with the TOS. 

All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOS.

The Horse Collaborative may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you pay us.

Charges from or by any Internet service provider, telephone, wireless and other connection fees that you may incur when using the Horse Collaborative website or platform are your sole responsibility.

You may use a credit card to pay for any amounts and fees owed by you to the Horse Collaborative. When you provide credit card information to the Horse Collaborative, you represent to Horse Collaborative that you are the authorized user of the credit card that is used to pay subscription or other fees. Each month that you have an Horse Collaborative account, you agree and reaffirm that Horse Collaborative is authorized to charge your credit card for any monthly subscription fee, if applicable. You agree to promptly notify Horse Collaborative of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify Horse Collaborative if your credit card expires or is canceled for any reason.  As the account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family or friends. This means that, unless your Account or credit card information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your account, you will be responsible for all usage and purchases on your account.

All advertisement listings are subject to reasonable editorial changes to maintain the integrity and look of our service. If you provide contact information for people interested in your horse(s) products or services, Horse Collaborative is not responsible for any misuse of this information. When you place an ad on this Website, you must be prepared to sell the item, animal, 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 item or animal listed and the ability to transfer ownership. To list an item, animal or service for sale on the Website,users are required to provide their real name and accurate contact information so that the buyer can reach them.  

It is your responsibility to remove your ad from the Horse Collaborative service upon sale or transfer. Horse Collaborative is not responsible for typos or accidental errors appearing on the service. Horse Collaborative 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. 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 Horse Collaborative reserves the right to remove or not remove an ad based on the accusation of fraud.  Horse Collaborative does not retain copies of expired postings or earlier versions of postings.

The Horse Collaborative permits the advertisement of only one horse, mule, donkey or dog for sale, lease or stud per listing or only one trailer, personal property or product for sale or lease per listing.  The Horse Collaborative does not permit use of its website or platform for the purpose of advertising the sale or stud services of any animals other than horses, mules, donkeys or dogs. 

NO GUARANTEE

Horse Collaborative does not guarantee the sale of your horse, your horse''s services, your products or services or any other product or service advertised on Horse Collaborative’s site. Horse Collaborative does not guarantee the owner/seller''s services, representations, or any horse''s performance or fitness for a particular purpose. In addition, Horse Collaborative strongly recommends that a pre-purchase exam should be performed by the buyer''s equine veterinarian of choice, on any equine prior to purchase. Horse Collaborative does not guarantee or warrant the performance of any person or entity advertising on its site or listed in the Directory. Horse Collaborative 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

You must submit your real name and agree to: provide true, accurate, current and complete information about yourself as prompted by the Service''s registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Horse Collaborative has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Horse Collaborative 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).

1.      You must be at least 18 years of age to become a member and open an account.

2.      You may not sign up if you are a convicted sex offender.

MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service''s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities, whether authorized by you or not, that occur under your password or account. You agree to (a) immediately notify Horse Collaborative 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. Horse Collaborative shall not be liable for any loss or damage arising from your failure to comply with this, including, but not limited to, any unauthorized use.

VIOLATIONS

If you see slanderous or malicious Content on our site, please notify us. We will, in our sole discretion remove any Content deemed malicious, scandalous, harmful or inconsistent with the integrity and prestige of our Service. If you see a possible stolen or missing horse listed on our site for sale, please contact us and it will be removed as soon as possible after verification of claim has been received from an appropriate authority. Please report any violations of the TOS.

ACKNOWLEDGEMENT OF RISK

You agree that you have evaluated the risks of using the Service, including, but not limited to, misuse of your information by third parties, damage to your computer or system through the use of the Service and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. As a result, you agree to assume all risks associated with the use of any Content. In this regard, you acknowledge that you may not rely on any Content created by Horse Collaborative.

You acknowledge, consent and agree that Horse Collaborative may access, preserve, and disclose your account information and Content if required to do so by law or Horse Collaborative 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 Horse Collaborative, 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 Horse Collaborative 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 you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

INDEMNITY

You agree to indemnify and hold Horse Collaborative, 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 Horse Collaborative account designation, username or other handles or user identification), 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 the Horse Collaborative or represent  the Horse Collaborative in any way.

GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Horse Collaborative 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 Horse Collaborative 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 Horse Collaborative reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Horse Collaborative reserves the right to modify these general practices and limits from time to time.

INTERNATIONAL

The Horse Collaborative may collect, store, and use the information it collects and received in the United States, Europe and elsewhere.  Your personal information may be transferred to processed or held in the United States and other countries, including countries both inside and outside the European Union.  Users accessing site from outside of the United States represent that they do so fully in compliance with any local laws applicable to them.  

MODIFICATIONS TO SERVICE

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

TERMINATION

You agree that Horse Collaborative may, under certain circumstances and without prior notice and at its sole discretion, immediately terminate your Horse Collaborative account, any associated Content, and access to the Service. Grounds for such termination shall include, but shall not be limited to, (a) breach or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) extended periods of inactivity, (g) failure to pay for the Service, and (h) violations of any law, statute, treaty or rule pertaining to your use or connection to the Service. Termination of your Horse Collaborative account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Horse Collaborative''s sole discretion and that Horse Collaborative 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.

DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions with, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Horse Collaborative shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

LINKS

The Service may provide or third parties may provide links to other World Wide Web sites or resources. Because Horse Collaborative has no control over such sites and resources, you acknowledge and agree that Horse Collaborative 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 Horse Collaborative 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.

HORSE COLLABORATIVE''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 Horse Collaborative 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.

Horse Collaborative grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not and do not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including without limitation for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Horse Collaborative for use in accessing the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1.      TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HORSE COLLABORATIVE 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.      HORSE COLLABORATIVE 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 HORSE COLLABORATIVE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

5.      TO THE FULLEST EXTENT PERMITTED BY LAW, THE HORSE COLLABORATIVE DISCLAIMS WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HORSE COLLABORATIVE WEBSITE OR PLATFORM OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE HORSE COLLABORATIVE SITE. 

6.      TO THE FULLEST EXTENT PERMITTED BY LAW, THE HORSE COLLABORATIVE DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE HORSE COLLABORATIVE WEBSITE, PLATFORM OR SERVICE. 

7.      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 HORSE COLLABORATIVE, 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 HORSE COLLABORATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE,THE INABILITY TO USE OR TERMINATION OF 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. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLLUSIVE REMEDY FOR ANY DISPUTE WITH THE HORSE COLLABORATIVE IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT.

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.  THE ABOVE LIMITATION SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY LAW

LEGAL ADVICE

The above disclaimers of warranties, limitations on liability and exclusions may not apply in certain jurisdictions.  To fully understand the implications of the above provisions in your particular jurisdiction, you should consult an attorney.

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 “Links” and “Horse Collaborative’s Proprietary Rights” again. The Service is provided for informational purposes only. Horse Collaborative, 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

Horse Collaborative 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 Horse Collaborative logo, HORSE COLLABORATIVE and Horse Collaborative Network logo, trademarks and service marks and other Horse Collaborative logos and product and service names are trademarks of Horse Collaborative, Inc. (hereinafter collectively the "Horse Collaborative Marks"). Without Horse Collaborative''s prior written permission, you agree not to display or use in any manner, the Horse Collaborative Marks.

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

Horse Collaborative respects the intellectual property of others, and we ask our users to do the same. Horse Collaborative 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 Horse Collaborative''s Copyright Agent 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.

Horse Collaborative''s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Horse Collaborative, Inc.
277 Tottingham Road

Shoreham, VT 05770

GENERAL INFORMATION

1.      Entire Agreement. The TOS constitute the entire agreement between you and Horse Collaborative and governs your use of the Service, superseding any prior agreements between you and Horse Collaborative. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Horse Collaborative services, affiliate services, third-party content or third-party software.

2.      Choice of Law and Forum. The TOS and the relationship between you and Horse Collaborative shall be governed by the laws of the State of Vermont 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 Vermont’s Rules of Civil Procedure applicable in Vermont 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 Chittenden County, Vermont.

4.      Attorneys’ Fees. In the event it becomes necessary for the Horse Collaborative to employ counsel or engage in arbitration to enforce any of the provisions of the TOS, or the breach thereof, then, in that event, you agree to pay to the other party all of the Horse Collaborative’s costs and expenses, including reasonable attorneys’ or arbitrators’ fees.

5.      Damages.  You agree to pay the Horse Collaborative’s actual damages, to the extent that such damages can be reasonably calculated.  Notwithstanding any other provisions of these TOS, the Horse Collaborative retains the right to seek the remedy of specific performance of any term contained in these TOS, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these TOS, or any combination thereof. 

6.      Waiver and Severability of Terms. The failure of Horse Collaborative 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.

7.      No Right of Survivorship and Non-Transferability. You agree that your Horse Collaborative account is non-transferable and any rights to your Horse Collaborative 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.

8.      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.

9.      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.

10.   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.