Natural Horse for Sale.com, Terms of Service

1. Agreement
This website (the "Site"), appearing on the domain naturalhorseforsale.com is owned and managed by Prairiecreek LLC (the "Company"). By using the site, you agree to be bound by all of the provisions of the terms of service (the "TOS") contained herein. You also agree that you are at least 18 years old. This agreement may be updated or modified from time to time with no notice to you, and you agree to be bound by any such modifications or updates if you continue to use the Site.

2. Natural Horse for Sale Service
Natural Horse for Sale is an advertising service for horses and horse-related goods and services. It may also provide other resources such as forums and discussion, articles, advertisements, links, and other information that may or may not be equine related. This article defines the "Service". Any other features available from the Company that are offered on the Internet domain naturalhorseforsale.com are included in the Service and you agree that any such offerings are also subject to these TOS. You agree that the Service is offered "AS-IS" and that the Company is not responsible for continued access to the Service, or for omissions, failings, and errors of the Service. Natural Horse for Sale is not a party to transactions between buyers and sellers, and therefore (i) does not guarantee any transactions between buyers and sellers, (ii) plays no role in the transfer of money, documentation, or title, and (iii) plays no role in the delivery or transportation of horses or products purchased through the classifieds.

3. Content
all content, information, and records published or otherwise available through the Site (the "Content") is copyrighted and protected by other laws of intellectual property. Content that is submitted by Site users may be copyrighted by those users; all other material is owned by the Company and its affiliates, and the compilation of information is owned by the Company. You may access the content for your own personal use, but you agree not to sell, publish, distribute, modify, display, re-post, compile, save, gather, or otherwise use any portion of the Content in any other way without prior written permission for the Company.

4. Copyright claims
Material posted on the Site by people other than the Company (that is, by website users), is subject to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"). The designated copyright agent for the Company can be found in the Company's complaint policy or by contacting the published customer support email address. To make a claim of copyright infringement regarding Content on the Site, you must send a written complaint to the designated agent including all of the information requested in the Company's complaint policy.

5. Trademarks
The Content includes trademarks and service marks owned by the Company and its affiliates. You agree not to copy or otherwise use or dilute these trademarks or service marks. The name "Natural Horse for Sale" and the Natural Horse for Sale logo are trademarks or service marks of the Company.

6. Software
all software programming, including HTML, JavaScript, and all other code that is part of the Site (the "Software") is owned by Natural Horse for Sale or its affiliates and is protected by copyright and other intellectual copyright laws and international treaties. You agree not to reproduce, distribute, publish, display, or otherwise use the Software in any way not intended as part of the Service. You agree to use the Service with the intention of duplicating or reverse engineering the Software.

7. Submitted Content
By submitted text, media, photos, videos, audio, or other Content ("Submitted Materials") to the Site either by email or by uploading it directly through the site, you grant the Company and its affiliates a royalty free, non-exclusive, worldwide, perpetual, irrevocable, fully transferable, fully sublicense able right to license and copy, display, distribute, modify, perform, create derivative works from, adapt, and reproduce Submitted Materials in any form or media existing now or in the future.

8. Forums
The Site has a discussion forum and may also offer other discussions boards, chat rooms, or similar features (collectively, the "Forums"). The Forums can be used by users who are at least 18 years old. All material posted or submitted to the Forum shall be included in the definition of Submitted Materials. The statements made on the Forums are the opinions and ideas of the users who post them, and do not represent the Company, and are not endorsed in any way by the Company. This includes both regular users and Forum Moderators.

9. Natural Horse for Sale's Rights
You agree and understand that the Company does not and has no responsibility to monitor all of the Submitted Materials. The Company reserves the right to monitor, refuse, delete, move, or alter any Submitted Materials without notice from time to time, at its sole discretion and without need for justification. You agree that the Company will not be held liable to any claims, judgments, or actions arising out of or related to the Submitted Materials. You also agree that the Company may monitor, refuse, delete, move, or alter Submitted Materials without notice, without liability, and without a refund.

10. Indemnity
You agree that you have all necessary rights, authority, and permission to use all Submitted Materials that you send or post to the Company or to the Site. You agree that your Submitted Materials do not violate or infringe upon any copyright, intellectual property right, trademark, service mark, trade secret, or right of publicity or privacy. You agree that your Submitted Materials do not violate any law or regulation. You agree to indemnify and hold the Company, its affiliates, subsidiaries, officers, agents, and employees harmless against and with respect to any action, judgment, suit, proceeding, assessment, or other liability, including attorney's fees and other costs, arising from your use of the Service, your Submitted Materials, or any transaction between you and a third party that arises from advertising through the Site.

11. Your account
you agree not to give out your password or other account information to any third party or let any third party use your account. This is necessary for the security and integrity of the Service. You take full responsibility for actions taken under your account, whether or not you are the one taking those actions.

12. Prohibited Use
this is a partial list. You agree not to use the Service to do any activity on this list, but you also agree that other activities may also be deemed prohibited from time to time, on a case by case basis, and by the Company's sole discretion. You agree not to:

1. submit, send, upload, or post any material that violates any law, rule, or regulation, or is harmful, violent, obscene, libelous, defamatory, threatening, racist or harassing, or violates the privacy of another;

2. engage in the sending of unsolicited commercial email ("Spam") directed at website users or making use of email addresses or other contact information found on the website;

3. submit any information that is fraudulent, misleading, or promotes illegal activities;

4. submit any information that reveals private information about a minor or about any other person;

5. engage in "phishing" or other activities designed to fraudulently obtain the passwords or private information of users;

6. use the contact information of Site users to promote or advertise any product or service that is not expressly allowed by the person who posted the information;

7. collect and retain or monitor any contact information or Submitted Materials that appear on the Site;

8. access the Site by any automated means, unless the only outcome of doing so is to provide links to the Site from a publicly accessible search engine;

9. make any attempt, by software or otherwise, to interfere with the proper working of the Site;

10. impersonate any person or entity, misrepresent your own identity in any way, or use the Site under different names and/or email addresses and/or other contact information with the intention of creating the perception of multiple individuals;

11. submit, post, or transmit any computer virus or other computer code intended to disrupt or interfere with the Service;

12. Attempt to sell or promote any horse, product, or service that you do not own or otherwise do not have the right to sell, including but not limited to horses that are covered by "first right of buy-back" agreements with previous owners.

13. Submit post, transmit or upload any content that includes derogatory or negative information about any other individual, company or entity, or a warning not to do business with an individual, company, or entity.

13. Links
The Site provides links to other websites. These websites are not controlled by the Company, and the Company makes no claims about or endorsements of these websites. This includes sponsored links and other advertising for which the Company may receive payment. You agree that the Company is not responsible for any service, content or other material on other websites or provided by others.

14. Scams
The Company is not responsible for any transactions between buyers and sellers that have or have not used the Site in any way. If the Company receives a complaint about a seller, another person or entity, or an ad, it may decide, at its sole discretion, whether or not to remove the ad. While the Company does take various internal measures to reduce fraud, the Company is not under any obligation to remove ads or block users that have received complaints or that the Company knows are should somehow know are involved in fraudulent activities. The Company is not liable for fraud committed by third parties, even if the fraud was committed by the third party while using the Service or the Company was aware of or should have been aware of the fraudulent activity, and you agree not to hold the Company liable for such fraud.

15. Advertising
The Company does not guarantee the sale of your horse, your product, or your service. When you post an ad or transmit other Submitted Material to the Site, you agree to pay in advance for the Service that you receive. If you pay by e-Check, the Company may choose to display or not display your ad until the payment clears. If the ad is displayed and then the payment does not clear (the e-check bounces), you must pay the required amount in some other way. You cannot cancel an ad after submitting payment due to an un cleared payment

If you purchase an ad which includes a photo, video, or other media, you agree that you must provide digital media for that ad; the Company does not digitize or otherwise format recorded or physical media. If, due to a technical, hardware, or software problem, you are unable to provide media for your ad, you may request a refund for up to 7 days after the purchase of the ad. Refunds will not be given if the request is not received within 7 days of purchase. Within the seven day limit, refunds will not be given for any reason other than an inability to provide digital media; after seven days, refunds will not be given for any reason. Additional, each person is entitled to only one refund in his or her lifetime of using the Service. If you have previously requested and received a refund due to an inability to provide media, the Company can refuse any further requests for a refund. It is assumed that after your first refund you will straighten out any technical difficulties before purchasing another ad.

The media that you submit may be modified, cropped, shortened, or otherwise altered by the Company. In fact, any Submitted Materials may be edited or modified prior to or after being displayed. The Company is not responsible for the misuse of any Submitted Materials by any third party, or liable for any harm caused by such misuse.

You agree that the Company may choose, at its sole discretion, to remove accounts or ads based on complaints that it receives or is made aware of. Ads that are removed due to a complaint will be refunded on a prorated basis, in linear proportion to the amount of time remaining on the ad. Ads that are removed for a violation of these TOS will not receive any refund.

16. Use of Submitted Material
The Company does not verify or guarantee the Submitted Material on the Site. The Company does not endorse or guarantee any statements made by buyers or sellers using the site, including material published on the Site. The Company provides the Site for informational purposes only, and you agree to inspect by other means (outside of the Site) to your satisfaction any horse, product, or service that is displayed on the Site prior to purchase. The Company is not responsible for saving expired, deleted, or altered Submitted Content, and if it does save or retain such content, the Company is not responsible for providing it to you or any third party except as required by law.

17. Termination of Service
You agree that the Company may, at any time and without notice to you, terminate your use of and/or access to the Service and delete, modify, or remove any of your Submitted Materials. A partial list of reasons for such termination is: (i) violation of these TOS or other posted rules, (ii) technical or network problems, (iii) accidental loss of data, (iv) modification or termination of the Service, (v) complaints received by other Site users, (vi) negative information about you or your business relevant to your Submitted Materials that the Company is made aware of by other means. You agree and understand that the Company may terminate your access to the Service or remove your Submitted Materials for cause at its sole discretion. You agree that the Company is not liable to you or any third party for such an action. You agree that the Company is not required to provide a refund for any payments made to the Company if the Company believes, at its sole discretion, that you have violated these TOS.

18. Warranty Disclaimer
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. NATURAL HORSE FOR SALE.COM, ITS AFFILIATES, OFFICERS, OWNERS, EMPLOYEES, AND PARTNERES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, OR THE SUBMITTED MATERIALS. THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL BE SUITABLE FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL BE ACCURATE, ACCESSIBLE, SECURE, OR FREE OF ERRORS. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND THE COMPANY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE ABOVE. ALL OF THE SUBMITTED MATERIALS, INCLUDING DESCRIPTIONS OR FEATURES ABOUT HORSES, PRODUCTS, OR SERVICES, ARE PROVIDED BY THIRD PARTIES, AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THIS INFORMATION IS ACCURATE, OR THAT THE PRODUCT, HORSE, OR SERVICE EXISTS, IS OWNED BY THE CLAIMED PARTY, OR MEETS ANY OF THE EXPECTATIONS IMPLIED OR STATED IN THE SUBMITTED MATERIAL. THE COMPANY ALSO DISCLAIMS WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL YOUR HORSE, PRODUCT, OR SERVICE, THAT YOU WILL RECEIVE ANY INQUIRIES ABOUT YOUR AD, THAT ANY INQUIRIES YOU DO RECEIVE WILL BE FROM LEGITIMATE BUYERS, OR THAT THE COMPANY WILL PREVENT FRAUDULENT BUYERS OR SELLERS FROM USING THE SERVICE. NO STATEMENT, ADVICE, OR OTHER COMMUNICATION FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPLICITLY INCLUDED IN THESE TOS.

19. Limitation of Liability
YOU EXPRESSLY AGREE THAT THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, AND OWNER(S) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE, ACCESS TO OR LACK OF ACCESS TO THE SERVICE, UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR YOUR SUBMITTED MATERIALS, THE SITE, THE SUBMITTED MATERIALS, THE ACTIONS OR STATEMENTS OF ANY THIRD PARTY OR SITE USER, YOUR USE OF THE SERVICE, OR THESE TOS, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE MAXIMUM LIABILITY OF THE COMPANY OR ITS AFFILIATES, OWNER(S), EMPLOYEES, OR AGENTS FOR ANY CLAIM EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AGGREGATE AMOUNT PAID BY YOU TO THE COMPANY FOR SERVICES RENDERED UNDER THIS AGREEMENT AND RELEVANT TO THE CAUSE FOR LIABILITY.

20. Exclusions to Limitation of Warranties or Liability
Some jurisdictions do not allow disclaimers of implied warranties, or the exclusion of limitation of incidental or consequential damages of implied warranties, so some of the limitations of the previous two paragraphs may not apply to you.

21. Entire Agreement
These TOS constitute the entire agreement between you and the Company. No other communication or prior agreement shall take its place or waive any of its terms. If any court of competent jurisdiction finds any provision of these TOS or portion thereof to be unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the TOS will remain in full effect. These TOS shall not be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.

22. Miscellaneous
These TOS shall be governed by and construed in accordance with the laws of the state of Oklahoma without regard to its conflicts of laws provisions. You agree that any cause of action you have with respect to the Company must be exclusively filed in the federal or state courts in Sequoyah County, Oklahoma, or the cause is barred. You agree that any action must be filed within a statute of limitations of one year after the cause of the action, or the cause is barred. You hereby agree to jurisdiction in the federal and state courts in Sequoyah County, OK, and waive any objection based on forum non convenes. You waive your right to a jury trial and agree to instead submit any dispute arising out of these TOS to binding Arbitration, administered by the American Arbitration Association under the Commercial Arbitration Rules. Both parties to this agreement can submit such a dispute, and both parties agree that a dispute must be submitted to three arbitrators. The award of the official arbitrators shall be final and binding on both parties, but the award cannot exceed the amount of direct compensatory damages actually incurred by the claiming party, and no punitive or exemplary damages can be awarded. If it is necessary for either party to pay an attorney to enforce any provision or portion of these TOS, then the non-prevailing party agrees to pay to the prevailing party all arbitration fees, and attorney's fees and costs and expenses. You agree that your account and your rights under these TOS are non-transferable and bear no right of survivorship. Failure by the Company to enforce any provision or portion of these TOS shall not be considered a waiver of future enforcement of that or any other provision or portion of these TOS.

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