Terms and Conditions (User Agreement)
The following terms and conditions govern all use of the Barndox Horse Classifieds website and all content, services and products available at or through the website, including any related mobile applications, Facebook Applications, and other applications provided via differing platforms than our Website itself, (taken together, the 'Website,' 'Us/We,' 'Barndox Horse Classifieds' and or 'Barndox.com').
The Website is owned and operated by Acme Ventures, LLC, a limited liability company ('We/Us') and is between you, our visitor or member ('You') and us. The Website, along with all products and services made available via this Website, is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies, and procedures that may be published from time to time on this Site by us (collectively, the 'Agreement').
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by us, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old. Minors should use the Website only under the direct supervision of their parent or guardian.
As an equine classifieds (horse classifieds) we provide tools and services designed for horse professionals and hobbyists to help manage their equine related business and/or hobby, including but not limited to the buying and selling of horses, stallion services and related goods. Farriers and other hoof care professionals, barn managers, veterinarians, breeders, bloodstock agents, trainers, ranchers, recreational riders and members of the public who enjoy or work with horses as professionals or hobbyists are all part of our general user community.
Our business is supported in part by advertising. We may at our own discretion send messages on behalf of third party advertizers. You can easily opt out of these notices at any time you choose.
We are not responsible for any failure of services as provided by your local Internet provider or other third party service provider of any nature.
All fees are non-refundable and all account balances are only redeemable towards services normally provided by us and through our checkout system.
You acknowledge that in-store credit balances are non-transferrable, may only be used in the Account in which they were acquired and may expire. In the event that Barndox terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited. You also acknowledge that funds available in your in-store credit balance will be held by Barndox and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that Barndox shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.
1. Intellectual Property. This Agreement does not transfer to you from us any of our or any third party's intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with us or the relevant third parties.
2. Changes and Limitations.
We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes.
Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission by us.
We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
4. Disclaimer of Warranties.
The Website is provided 'as is' and 'where is.' We and our suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither we nor our suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Barndox functions solely as an equine classifieds and does not guarantee the sale of your horse, your horse's services, your products or services or any other product or service advertised on our site. Barndox does not guarantee the owner/seller's services, representations, or any horse's, person’s or product’s performance or fitness for a particular purpose. In addition, Barndox strongly recommends that a pre-purchase exam should be performed by the buyer's equine veterinarian of choice, on any horse prior to purchase. Barndox does not guarantee or warrant the performance of any person or entity advertising on its site. Barndox does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
5. Limitation of Liability.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, PHYSICAL INJURY, HEALTH ISSUES, LOSS OF REVENUE, LOSS OF USE, LOSS OF PURCHASE OR SALE OPPORTUNITY, OR BUYER’S OR SELLER’S REMORSE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT GUARANTEE THE INTEGRITY OF ANY USERS OF THIS WEBSITE OR THE ACCURACY OF ANY CONTENT ARISING FROM ANOTHER USER OF THIS SITE, INCLUDING BUT NOT LIMITED TO ITEM LISTINGS AND OTHER ONLINE OR OFFLINE COMMUNICATION. WE DO NOT ENFORCE RETURNS, REFUNDS, CREDITS OR EXCHANGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE. IF YOUR JURISDICTION REQUIRES A WAIVER AS A REQUIREMENT FOR THIS SECTION TO BE VALID, YOU HEREBY STIPULATE TO SUCH A WAIVER AS A CONDITION OF USING THE TOOLS AND SERVICES THAT THIS SITE PROVIDES.
In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: 'A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.'
6. General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold us harmless, our parent entity if any, its contractors, and its licensors, and their respective directors, members, officers, employees, affiliates and agents from and against any and all claims and expenses, including reasonable attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between you and you concerning the subject matter hereof, and they may only be modified by a written amendment signed us, or by the posting by us of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of North Carolina, United States, and the sole venue for any legal disputes arising out of or relating to any of the same will be the state and/or federal courts located in North Carolina. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the rules of the American Arbitration Association by three arbitrators appointed in accordance with such rules. The arbitration shall take place in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. Each party will pre-pay one half of the arbitration fees in advance of the arbitration, to the arbitration service provider, with the party requesting arbitration being required to pre-pay it's half of the costs of arbitration directly to the arbitration service provider before the responding party will be obligated to pay it's half of the costs of arbitration. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party without the prior written permission of IFC; IFC may assign its rights in whole or in part under this Agreement without condition or prior notice. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
9. Membership ID and Password
Should you be provided a membership ID and password tool, you are solely responsible for the security of the same. We are not responsible for any third party who uses your account should you fail to secure your membership ID and password.