This website, HorseAuctionBlock.com (the “Website”), is a service of HorseAuctionBlock.com, LLC (“Company,” “we,” “our,” or “us”). These Terms of Use are a legally binding agreement between you and the Company. By using the services offered on the Website, or by continuing to view materials on the Website, you are consenting to be bound by these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
1. About HorseAuctionBlock.com
HorseAuctionBlock.com is an internet-based, comprehensive listing service that allows users to offer, sell and buy horses. The actual contract for sale is directly between the seller and buyer. The Company is not a seller, buyer, broker, agent, or auctioneer and is not a party to the transactions that occur on the Website.
Because it is impossible for us to investigate each user and listing on the Website, we highly recommend that you perform sufficient due diligence before exchanging any money, goods, or personal information based on any listing that you find on the Website. Please also review the Terms of Use in their entirety to further understand our involvement in the buying and selling process on the Website.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR HARM THAT OCCURS AS A RESULT OF YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO, LOST INCOME, LOST PROPERTY, PERSONAL INJURY, OR DEATH.
The Company has no control over and does not guarantee: (1) the existence or quality of horses listed for sale; (2) the truth or accuracy of users’ content or listings; (3) the ability of sellers to sell horses listed for sale; (4) the ability of buyers to pay for horses on which they place a bid; or (5) that a buyer or seller will actually complete a transaction. The Company does not compensate buyers or sellers for any losses that they may suffer as a result of using the Website.
2. Using HorseAuctionBlock.com
The Website is intended only for access and use by individuals eighteen (18) years of age or older. If you are not at least eighteen (18) years old, you are prohibited from accessing and using the Website.
The Company may change the Terms of Use from time to time. By continuing to use the Website, you agree to be bound by the Terms of Use, as modified. The Company may change, restrict access to, suspend, or discontinue this Website, or any portion of this Website, at any time and without notice to you.
The Company reserves the right (but assumes no obligation) to delete, move, or edit any listings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using the Website, you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy the Website. We reserve the right to deny access to anyone who we believe has violated these Terms of Use.
3. Buying and Selling
Transactions on the Website are between the buyer and seller only. The Company is not involved in or responsible for sales or purchases on the Website
The Website is a listing service that brings together buyers and sellers. Information about a particular horse is supplied by the seller, not by the Company. The Company will not be a party to any transaction between a buyer and seller based upon information posted on the Website. At no time does the Company take title to or possession of any of the horses offered for sale on the Website. The terms of any sale remain subject to direct negotiation between the buyer and seller.
The Company does not guarantee or verify any information on the Website, so use caution and good judgment when transacting through the Website. The material that appears on the Website is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing any horse on the Website, you should confirm with the seller any information that is important to your purchasing decision. The Company is not responsible for, and does not guarantee, the condition, soundness, health, physical appearance, performance, or any other aspect of any such horse or the accuracy, completeness, or content of any listing on the Website. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
When you place a listing on this Website, you must be prepared to sell the horse in the listing at the price at which, and the terms on which, you’ve listed it. You must have possession of the actual horse listed and the ability to transfer ownership of the horse.
By using our services, you understand and acknowledge that Federal and state laws related to the sale and purchase of horses may apply to your transaction. You accept sole responsibility as the buyer and/or seller for ensuring that the transaction complies with all applicable Federal and state laws. The Company expressly disclaims any liability resulting from the noncompliance of any such law.
There is a fee to list your horse, which will be shown to you prior to finalizing your auction. An additional fee is applied for the Featured Horse option and an additional fee for the Preview (show your listing prior to the auction starting) option. There is an 8% sales fee on horse transactions. This will come off of your final payment at the close of the transaction.
4. Enforcement
The Company reserves the right to take the following actions:
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Remove or refuse to post any user information for any or no reason in our sole discretion;
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Take any action with respect to any user information that we deem necessary or appropriate in our sole discretion, including if we believe that such information violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
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Take appropriate legal action, including but not limited to, referral to law enforcement for any illegal or unauthorized use of the Website; and
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Terminate or suspend your access to all or part of the Website for any or no reason, including but not limited to, any violation of the Terms of Use.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications, sales, payments, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
5. Disclaimer of Warranties; Limitation of Liability
We strive to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to the Website. Bid update and other notification functionality in our applications may not occur in real time. Such functionality is subject to delays beyond our control.
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED OR PROMOTED OVER THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU “AS IS.” THE COMPANY CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON OR SOLD THROUGH THIS WEBSITE).
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ANY OF ITS AFFILIATES, AGENTS, OR LICENSEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBLITY OF SUCH DAMAGES.
YOU AGREE THAT YOU WILL NOT HOLD THE COMPANY RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF ANY OTHER USER OF THE WEBSITE, INCLUDING ACTIONS BASED ON ITEMS POSTED BY THOSE THIRD PARTIES AND ACTIONS ARISING OUT OF THE SALE OF ANY ITEMS BASED ON A POSTED LISTING FOUND ON THE WEBSITE.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
6. Release
If you have a dispute with one or more users, you release the Company (and our affiliates, subsidiaries, and respective officers, directors, employees, and agents) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
7. Indemnity
You agree to indemnify and hold the Company (including our affiliates, subsidiaries, and respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Use, your use of the Website (including your sale or purchase of any horse on the Website), or your breach of any law or the rights of a third party.
8. Governing Law; Jurisdiction
You agree that, except to the extent inconsistent with or preempted by Federal law, the laws of the State of Iowa, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and the Company, except as otherwise stated in these Terms of Use.
You agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by the Iowa District Court in Dubuque County or the United States District Court in the Northern District of Iowa. You agree to submit to the personal jurisdiction of the above-mentioned courts for the purpose of litigating all such claims or disputes.
9. Waiver and Severability
Except as otherwise provided in these Terms of Use, if any provision of these Terms of Use is held to be invalid, void, or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.
10. Entire Agreement
These Terms of Use and all terms and policies posted through our services set forth the entire understanding and agreement between you and the Company, and supersede all prior understandings and agreements of the parties.
11. Modifications/Amendments
We may amend these Terms of Use at any time by posting the amended terms on the Website. Our right to amend these Terms of Use includes the right to modify, add to, or remove terms in the Terms of Use. Your continued access or use of the Website constitutes your acceptance of the amended terms.