Last Updated July 10, 2016
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
Equine Exchange provides an online portal to facilitate the purchase and sale of horses with legal documentation by individuals who choose to prepare their own legal documents. Users need not download or even license Equine Exchange software.
The Site includes general information on commonly encountered legal issues in horse purchase and sale transactions. Users should carefully review all documents. At no time do we review your final agreements for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, or strategies, or apply the law to the facts of your particular situation. EQUINE EXCHANGE IS NOT A LAW FIRM AND MAY NOT PERFORM SERVICES PERFORMED BY AN ATTORNEY. EQUINE EXCHANGE, ITS SERVICES, AND ITS FORMS OR TEMPLATES ARE NOT A SUBSTITUTE FOR THE ADVICE OR SERVICES OF AN ATTORNEY.
The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no form agreement can fit every circumstance. If you need legal advice relating to a specific concern, or if your situation is complex, you should consult a licensed attorney.
From time to time, Equine Exchange may introduce our visitors to attorneys. At no time does such introduction, in itself, create an attorney-client relationship between you and Equine Exchange or any attorney. You are and will be representing yourself in any horse purchase you undertake through Equine Exchange, unless you hire counsel, which attorney-client relationship shall be independent of Equine Exchange.
- Ownership. This Site and Applications belong to Equine Exchange. All right, title and interest in and to the materials provided by Equine Exchange (but not by Users) on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned by Equine Exchange. Except as otherwise expressly provided by Equine Exchange, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Equine Exchange’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by Equine Exchange.
- Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Equine Exchange (each a “Third Party Site”). Equine Exchange is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Equine Exchange makes no guarantees about the content or quality of the products or services provided by such sites. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Equine Exchange is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
- Use of Equine Exchange Legal Forms. On our Site and through our Applications, we offer self-help “fill in the blank” forms. You understand that your purchase, download, and/or- use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs. Equine Exchange grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form. You agree that the Forms may only be used by you in connection with your personal horse transaction and may not be sold or redistributed without the express written consent of Equine Exchange.com.
DISPUTE RESOLUTION BY BINDING ARBITRATION.
- Summary. Please read this carefully. It affects your rights. Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting us via the Site. In the unlikely event that we are unable to resolve your concern (or if Equine Exchange has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
- Arbitration Agreement. You and Equine Exchange agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Equine Exchange are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Equine Exchange otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
- Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
- Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
- Arbitration Location and Procedure. Unless you and Equine Exchange otherwise agree, the arbitration will be conducted in Travis county, Texas. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Equine Exchange submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
- Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Equine Exchange will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
- Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
At various locations on the Site or through Applications, Equine Exchange may permit users to post content, ratings, reviews, comments, questions, answers, and other content (the “User Content”).
- Rights and Responsibilities of Equine Exchange. Equine Exchange is not the publisher or author of the User Content. Equine Exchange takes no responsibility and assumes no liability for any content posted by you or any third party. Equine Exchange has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content.
Rights and Responsibilities of Users.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Equine Exchange service that allows interaction or dissemination of information.
In posting User Content, you agree that you will not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
- that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising). Please see Compliance with Export Restrictions below;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
- that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
- that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
- that contains any computer virus, worms, or other potentially damaging computer programs or files;
- NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EQUINE EXCHANGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD EQUINE EXCHANGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF EQUINE EXCHANGE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF EQUINE EXCHANGE, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
- Compliance with Intellectual Property Laws. When accessing Equine Exchange or using the Equine Exchange legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Equine Exchange user account. Equine Exchange policy is to immediately remove any content that infringes on intellectual property rights.
- Personal Use. The site is made available for your personal use on your own behalf. Minors are not eligible to use the Site or Applications and may not submit any personal information to us.
- Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Equine Exchange International, LLC, ALL RIGHTS RESERVED.
- Trademarks. Equine Exchange, Equine Exchange.com, the Equine Exchange Process, Horse Profile, the blue pennant logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Equine Exchange. Any Third Party trademarks, product names and company names or logos referenced in the Site are the property of their respective owners.
- Right to Refuse. You acknowledge that Equine Exchange reserves the right to refuse service to anyone and to cancel user access at any time.