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.
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.
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.
The Company reserves the right to take the following actions:
Remove or refuse to post any user information for any or no reason in our sole discretion;
Take appropriate legal action, including but not limited to, referral to law enforcement for any illegal or unauthorized use of the Website; and
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.
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.
8. Governing Law; Jurisdiction
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
10. Entire Agreement