Terms and Conditions of Use
Thanks for choosing Vailhorses (« Vailhorses, » « website, » « we, » « us, » « our »). Vailhorses is an equestrian classified advertising website. By signing up or otherwise using Vailhorses, including all associated features and functionalities, user interfaces, as well as all content and software applications associated with our services (collectively, the « Vailhorses Service » or « Service »), or accessing content or material that is made available through the Service (the « Content ») you are entering into a binding contract with Vailhorses.
In order to use the Vailhorses Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. You also promise that any registration information that you submit to Vailhorses is true, accurate, and complete, and you agree to keep it that way at all times.
- Changes to the Agreements
Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate your account by contacting us.
- Limitation of Liability
To the fullest extent permitted by applicable laws, Vailhorses and its employees, agents, suppliers, and contractors shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, and expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Vailhorses has been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.
You hereby agree to indemnify and hold harmless Vailhorses, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the site from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Vailhorses directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them. Vailhorses reserves the right to release current or past member or website user information if Vailhorses believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if Vailhorses deems it necessary and/or appropriate.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
- Third Party Rights
The provisions of paragraphs 2 (Use of the site), and 4 (Indemnification) are for the benefit of Vailhorses and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Term; Termination
Either party without notice may terminate this Agreement at any time for any reason. The provisions of paragraphs 3 (Limitation of Liability), 4 (Indemnification), 8 (Third Party Rights) and 11 (Miscellaneous) shall survive any termination of this Agreement.
- Dealings With Third Parties
Your participation, correspondence or business dealings with any third party found on or through the site, regarding the 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 third party. You agree that Vailhorses shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
The site may provide, or third parties may provide, links to other websites or resources. Because Vailhorses has no control over other sites and resources, you acknowledge and agree that Vailhorses 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 Vailhorses 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.
This Agreement shall all be governed and construed in accordance with the laws of the state of Texas. You agree that any legal action or proceeding between Vailhorses and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a court of competent jurisdiction in the state of Texas. If legal proceedings are necessary, you agree to pay for all expenses including attorney fees incurred by Vailhorses.
Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Vailhorses’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Vailhorses may assign its rights and duties under this Agreement to any party at any time without notice to you.