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Terms Of Use

WELCOME TO Ultimatehorses.com (UH). We hope you find it useful. By accessing our servers, websites, or content therefrom, you agree to these Terms of Use (“TOU”), last updated October 3, 2017.

Ultimatehorses.com is NOT an agent, broker, or dealer in horses, cattle, dogs, truck, trailers, equipment or new or used saddles, tack, bits or spurs and does not receive any commission. Ultimatehorses.com offers the service of ONLINE CLASSIFIED ADVERTISING.

RELEASE:

Ultimatehorses.com acts as a venue for listing horses and other items for sale. We are not involved in the actual transaction between buyers and sellers. Because we are not involved in the actual transaction between buyers and sellers, in the event you have a dispute with one or more users, you release Ultimatehorses.com and its owners, agents, subsidiaries and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.

Through use of ultimatehorses.com, you agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with UH, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).

Posting an ad on Ultimatehorses.com indicates full agreement with our Terms of Use.

NO GUARANTEE:

Ultimatehorses.com does not guarantee the sale of any item posted on Ultimatehorses.com. Ultimatehorses.com does not guarantee the owner/seller’s services, representations. Ultimatehorses.com does not guarantee or warrant the performance of any person or entity advertising on its site. Ultimatehorses.com does not control the content posted on the site and, as such, does not guarantee the accuracy, integrity or quality of such content.

Ultimatehorses.com does NOT have any sort of program to insure receipt of your purchases from third parties. We recommend that you place insurance and tracking on all items.

Owners are responsible to proofread ads and confirm that correct photos are appearing on ads. Owners are responsible for early deletion of ads. Owners are responsible for marking items Sold.

Service interruptions are possible. Ultimatehorses.com cannot guarantee uninterrupted service due to circumstances beyond our control.

Always PRINT and KEEP a copy of any ad used to buy or sell a horse on our site. WE DO NOT KEEP ANY KIND OF ARCHIVE OF DELETED OR EXPIRED ADS.

RIGHT TO REFUSE SERVICE:

We reserve the right to refuse service to anyone for any reason.

All advertisement listings are subject to reasonable editorial changes or deletion.

Ultimatehorses.com reserves the right to edit ads at its discretion. Ultimatehorses.com actively edits ads. We do this for a variety of reasons, to include but not be limited to; the correction of gross misspellings, improved search engine optimization, removal of inappropriate content, to better describe sales items, to shorten ad titles, to remove video links, to remove unnecessary symbols.

Ultimatehorses.com may moderate UH access and use in our sole discretion, e.g. by blocking (e.g. IP addresses), filtering, deletion, delay, omission, verification, and/or access/account/license termination. You agree (1) not to bypass said moderation, (2) we are not liable for moderating, not moderating, or representations as to moderating, and (3) nothing we say or do waives our right to moderate, or not.

SALES.

You authorize us to charge your account for UH fees. Unless noted, fees are in US dollars; tax is additional. To the extent permitted by law, fees are nonrefundable, even for posts we remove. We may refuse purchases, which may place a hold on your account.

DISALLOWED ADVERTISING:

Slanderous, malicious, warning, or ANY KIND OF DEROGATORY ads are not permitted on Ultimatehorses.com. Profanity and harassment are not allowed on Ultimatehorses.com.

If you have a complaint about a seller on our system, please Contact Us with the details. If we suspect that a seller is participating in any sort of questionable or fraudulent activity via our site, engaging in any sort of false or misleading advertising, etc., we will disable that seller’s account without notice at our own discretion.

INAPPROPRIATE CONTENT:

This site has no age restrictions and is intended for use by the general public. Any and all profanity, pornography and content of questionable intent, including racial slurs and propaganda, are a violation of the site use rules. The content will be immediately removed, and the violator will be prosecuted to the full extent of Idaho law.

SOLICITATION AND SCAMMING:

Solicitation or spamming of other Ultimatehorses.com users through our site or ads is not allowed. If you send any type of unsolicited email (spam) to other users of our site advertising your own services, your account will be disabled and your ads will be deleted, your email will be blocked from further ad responses, and you will be marked on our site as a spammer.

If you see a slanderous or malicious ad on our site or receive unsolicited email (spam) from another user such as someone trying to sell you their own services via our ad response form, please report the scammer/spammer through your online ad responses.

If you see a possible stolen or missing – livestock or equipment listed on our site for sale, please Contact Us and it will be removed as soon as possible.

YOUR PRIVACY, ETC.:

Ultimatehorses.com is not responsible for photos lost or damaged in the mail. Ultimatehorses.com is not responsible for typos or accidental errors appearing on advertisements. All fees paid are non-refundable. We reserve the right to delete ads for sold items without notice to seller.

By using this service, all users, sellers, and buyers agree to the above terms entirely.

Ultimatehorses.com cannot be held responsible for violations created by its users and/or customers. These violations include, but are not limited to: copyright violation, trademark violations, trade names or patents, or other content which is in violation of any local, state or federal laws.

Our customers are solely responsible for obtaining express permission from professional photographers, subjects, etc. to display images on our site. We will not accept any images labeled “PROOF” for use on our web site. If there is a visible photographer’s signature or label on the face of a photo, we will remove this information from the digital image that we display. If we are informed of copyright violations created by our customers, we will remove disputed images from the site without refund or prior notice to the offender. Ultimatehorses.com may, in appropriate circumstances and at its own discretion, disable and/or terminate the accounts of users who have infringed on the copyrights of others. If you are a photographer, please be sure to contact your customer directly about their inappropriate use of your photo.

If you believe that your intellectual property has been infringed on our site, please provide Ultimatehorses.com with the following information:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed.
  • The Ad / Item ID # or other location where this property is being displayed.
  • Your names, business name, address, telephone number, and email address.
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
  • The signature of the person authorized to act on behalf of the owner of the copyright.

FEATURED ADS

If you want to list your ad as a featured ad, you must include a picture in the ad. Any featured ads that have no picture within 72 hours of being posted will be removed by the admin, and no fee refund will be given.

WEB ADDRESSES

At this time we will allow website links in the ads. If you include a web address (url) in your ad you cannot use any verbiage that implies that you have anything else for sale.

EXAMPLE: You CAN NOT WRITE “Check out our other Horses at www.otherdomain.com”

Note: If you do we will edit your ad. If you do it a second time, your ad will be deleted and no refund will be given.

USE OF PHOTOS

By placing an ad on Ultimatehorses.com the ad placer agrees to the following:
All photos used in ads on Ultimatehorses.com may be used by Ultimatehorses.com for the purposes of advertising/betterment of Ultimatehorses.com

When you provide text and images to Ultimatehorses.com by placing content (text and images) on the Website, you grant Ultimatehorses.com an exclusive, worldwide, perpetual, irrevocable, royalty-free license to publish, display, transmit and make any other commercial use of that content in any media now existing or created in the future. This license includes the right to modify and make derivatives of the content, as well as to store all content in an accessible archive.

USE OF VIDEOS

Ultimatehorses.com does not allow any YouTube links in the text portion of ads.

Note: If you include a video link in your ad text, it will be removed by the admin. If you do it a second time, your ad will be deleted and no refund will be given. Also not allowed in ad text are the following: Call for Video, Contact for Video, Video Available, see our video on YouTube or any other website.

Note: If you include a reference to an off website video link in your ad text, it will be removed by the admin. If you do it a second time, your ad will be deleted and no refund will be given.

General Recommendations

While UltimateHorses cannot give legal advice, we do have some general recommendations for buying and selling horses:

Always be sure to specifically ask the seller about any soundness issues, vices, or other problems that the horse may have. In addition, UltimateHorses strongly recommends that a Vet-Check or Pre-Purchase Exam should ALWAYS be performed on any horse being considered for purchase by the buyer’s Equine Veterinarian of choice.

Before completing a transaction, be sure to write down the terms of the deal first and have each party sign it. If you can’t afford a lawyer to draft up a contract, the terms of the deal still should be written in plain English and signed by both the buyer(s) and seller(s). ¬†Any buyer or seller that is hesitant or resists is usually a sure sign of a potential problem.

Always PRINT and KEEP a copy of any ad used to buy or sell a horse on our site. WE DO NOT KEEP ANY KIND OF ARCHIVE OF DELETED OR EXPIRED ADS.

Please read our Fraud Alert Warning which is sent out as a link on every ad response that is generated by Ultimatehorses.com.

DISCLAIMER. MANY JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

To the extent permitted by law, (1) we make no promise as to UH, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and UH is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your UH use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“UH ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) CL ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU PAID US IN THE PAST YEAR.

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