Terms of Use

This website, equinenow.com, (the "Website") is a service of EquineNow.com, LLC (“Company,” “we,” “our,” “us”). These Terms of Use, together with our Privacy Policy that is incorporated herein by reference (together, the “Terms of Use”), are a legally binding agreement between you and EquineNow.com, LLC; please read them carefully. 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 or our Privacy Policy available here, do not access or use the Website.

OUR SERVICES

Our desire is to create a comprehensive listing service by allowing users to post listings and also aggregating listings from various websites to hopefully increase the likelihood that you find what you are looking for. However, the internet has billions of users and so it is impossible for us to investigate each user and listing on our Website and on the websites that aggregate listings to post on our Website, such as Oodle.com. Therefore, we highly recommend that you perform sufficient due diligence before exchanging any money or goods based on any listing that you find on the Website. Please also review these Terms of Use in their entirety, including the section about Buying and Selling below, to further understand EquineNow.com, LLC’s involvement in the buying and selling process on the Website.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR HARM THAT OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST PROPERTY, PERSONAL INJURY, OR DEATH.

We recommend that you review our post about Scams and Fraudulent Transactions (click here) as one step towards protecting yourself on the Internet. The Company does not compensate buyers or sellers for any losses that they may suffer as a result of using the Website.

GENERAL PROVISIONS

The Website is intended only for access and use by individuals at least eighteen (18) years old. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of the Website. Since the Web is an evolving medium, EquineNow.com, LLC may change the Terms of Use from time to time. By continuing to use the Website following our posting of such changes, you agree to be bound by these Terms of Use, as modified. EquineNow.com, LLC may change, restrict access to, suspend, or discontinue this Website, or any portion of this Website, at any time and without notice to you.

Although EquineNow.com, LLC cannot monitor all the ads posted to our Website, we reserve the right (but assume no obligation) to delete, move, or edit any ads or other postings 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 retain the right to deny access to anyone who we believe has violated these Terms of Use or any other term of this agreement.

BUYING AND SELLING

1. Transactions on the Website are between the Buyer and the Seller only; the Company is not involved in or responsible for sales or purchases on the Website.

The Website is a classified ad search engine and listing service that brings together buyers and sellers. Information about a particular item, animal or service is supplied by the seller, not by EquineNow.com, LLC. EquineNow.com, LLC will not be a party to any transaction between a buyer and seller based upon information posted on the Website. At no time does EquineNow.com, LLC take title to any of the goods or animals offered for sale on the Website or process any payments related to goods or animals offered for sale on the Website. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on the Website may exclude other charges which may be added to the listed price to arrive at the final price of a particular item. All payments are handled directly between the buyer and the seller, and the Company will not provide any refunds or other compensation for transactions relating to listings on the Website.

2. 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 this Website is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing items, animals, or services you've read about on this Website, you should confirm with the seller any information (including the price) that is important to your purchasing decision. EquineNow.com, LLC is not responsible for, and does not guarantee, the condition, soundness, health, physical appearance, performance, or any other aspect of any such animal, item or service 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. Please be sure to review our Buyer/Seller Safety tips (link) prior to making any payments or exchanging any information related to a listing on the Website.

Though we hope that all who come to this Website will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee or warranty the products, animals, or services they offer. Nor can we assure the seller that the check he/she gets from the buyer isn't going to bounce or the payment be fraudulent; cash payments are the most trustworthy. When using this Website to find a buyer for your item, animal or service, or an item, animal or service you can buy, we urge you to use the same common sense and good judgment you would use in selling or buying an item, service or animal through, or responding to, a classified ad in the newspaper or other publication. There is no substitute for healthy skepticism and your own good judgment. We strongly suggest you obtain the services of a Veterinarian or other qualified individual, as applicable, to evaluate any animal or item you are considering. Do not meet strangers in private locations or alone.

3. More information for Sellers.

When you place an ad on this Website, you must be prepared to sell the item, animal, or service in the ad at the price at which, and the terms on which, you've listed it. You must have possession of the actual item or animal listed and the ability to transfer ownership. To list an item, animal or service for sale on the Website, sellers are required to provide certain identifying and contact information. You may not charge any potential buyer for information about any item, animal or service listed for sale on the Website, nor may you use the Website to promote, without our prior written permission, any other Website, product or service. EquineNow.com, LLC reserves the right to deny use of the Website to anyone who does not comply with these requirements or who otherwise uses the Website in a manner we consider, in our sole discretion, inappropriate. 

Responsibility for the information contained in ads lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted through the Website. Nothing will undermine a user's confidence in the item you're looking to sell faster than inaccurate statements or misleading representations about the item. Since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat Website users fairly and honorably. 

Sellers are solely responsible for any taxes or fees resulting from use of the Website, including any sales arising out of the Website.

4. The Company may remove users that do not comply with these Terms of Use, but it is not required to do so.

Though we don't monitor transactions that originate on the Website, we reserve the right to perform random quality assurance tests to confirm that those who offer items, animals, or services for sale over the Website are prepared to sell the items, animals, or services they advertise at the prices at which, and the terms on which, they advertise them. By placing an ad on our Website, you agree to cooperate in any such random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller, in our sole discretion, is engaging or intends to engage, in unfair or deceptive practices, EquineNow.com, LLC reserves the right to deny that seller use of this Website and our ad services. 

5. Fees paid to the Company are nonrefundable.

By placing an Ad on our Website, you agree to pay the fees specified for the service you select, regardless of whether your item, animal, or service sells as a result of the listing. Take care in selecting your Ad type and submitting your Ad information; listing fees are not refundable, even if you provide erroneous information or fail to sell your animal, item or service.  Click here for our Refund Policy. 

REGISTRATION

To obtain access to certain services on the Website, you will be given an opportunity to register. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user names that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Website through any username/password assigned to you. You will notify EquineNow.com, LLC of any known or suspected unauthorized use of your account.

LINKS TO OTHER SITES 

For your convenience, this Website and/or its search feature will make available a variety of links to other websites that we don't operate where you can find other items for sale that meet your search criteria. EquineNow.com, LLC is not responsible for the items, animals, or services these vendors provide and has no control over these websites or listings. If you choose to purchase any item through such a third-party website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You release EquineNow.com, LLC from any damages that you may incur, and agree not to assert any claims against EquineNow.com, LLC arising from your purchase or use of said third-party websites. 

OWNERSHIP AND PERMISSIONS 

1. The Website is for your personal use only.

The Website is made available for your personal, non-commercial use only. Except for ads that appear in a search result and are for sale on other websites, the materials on this Website are the property of EquineNow.com, LLC, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in these Terms of Use, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this Website. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this Website without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this Website, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on EquineNow.com, LLC should be emailed to webmaster@equinenow.com. 

You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by EquineNow.com, LLC or any of its affiliates. However, without the prior written permission of EquineNow.com, LLC, you may not frame any of the content of EquineNow.com, nor incorporate into another website or other service any intellectual property of EquineNow.com, LLC or its licensors. Requests for permission to frame our content may be sent by email to webmaster@equinenow.com. 

2. The Company receives a license to use all content posted on the Website.

When you provide us with content for an ad to be placed on the Website, you grant us an exclusive, worldwide, perpetual, irrevocable, sublicensable, transferrable, royalty-free license to sublicense, use, reproduce, 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. This license includes the right to stop others from using identical content on any other website that may compete, directly or indirectly, with the Website. Notwithstanding the foregoing, EquineNow.com, LLC has no obligation to make any use of any content you provide.

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

You will not use this Website to violate the copyright, trademark, right of publicity or other intellectual property rights of any person or other entity. By submitting material or content to be posted on the Website, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner and that you have obtained all necessary releases associated with the public display and commercial user of the materials. If you are the owner of copyrighted material (or a patent or trademark) that you believe was uploaded by one of the Website's users, you should contact our copyright officer by filling out a support ticket (select the category entitled "Copyright") with all of the following information:

  • Name and signature of the owner that has the exclusive right to the material that is allegedly being infringed;
  • The copyrighted work(s) that is allegedly being infringed;
  • The identification of the material that is allegedly infringing your copyright, patent, or trademark in the Website;
  • Contact information such as address, email address, or phone number for our copyright officer;
  • A statement from the owner or its agent stating that the allegedly infringing material was never given authorization to be used; and
  • A declaration, preferably with a letterhead, that states the information provided to our copyright officer is 100% accurate, and that under the penalty of perjury, you have the authority to take action against those who have allegedly infringed.

MONITORING AND ENFORCEMENT; TERMINATION

We have the right to:

  • Remove or refuse to post any user information for any or no reason in our sole discretion.
  • 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.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these 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.

However, 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. Accordingly, 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.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

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 ON OR PROMOTED OVER THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." EQUINENOW.COM, LLC AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO 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). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 

UNDER NO CIRCUMSTANCES WILL EQUINENOW.COM, LLC OR ITS AFFILIATES, AGENTS OR LICENSORS 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, WITHOUT LIMITATION, 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 POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, SHOULD EQUINENOW.COM, LLC BE FOUND LIABLE IN ANY ACTION BROUGHT BY YOU, YOU AGREE THAT THE LIABILITY OF EQUINENOW.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. 

YOU AGREE THAT YOU WILL NOT HOLD EQUINENOW.COM, LLC 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 PRODUCT, ANIMAL OR SERVICE BASED ON A POSTED AD FOUND ON THE WEBSITE.

INDEMNITY 

You agree to indemnify and hold EquineNow.com LLC and its officers, members, directors, agents, subsidiaries, joint ventures, and employees harmless from any damages arising out of any claims or demands. including reasonable attorney's 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 items, animals, or services on the Website, or your violation of any law or the rights of any third party. 

RELEASE 

If you have a dispute with any other user of the Website, you hereby agree to release EquineNow.com, LLC and its officers, members, directors, agents, subsidiaries, joint ventures and employees 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 to such disputes. 

NO SPAMMING, DATA SCRAPPING, OR PHISHING ALLOWED

No spamming or data scrapping is allowed. We want potential buyers visiting the Website to feel free to share their email addresses with those listing items, animals, or services for sale on our Website. By listing an item, animal, or service on this Website, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that item, animal or service. By using this Website, you agree not to use information concerning other users of the Website, or the items, services, or animals they've listed or searched for on the Website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed item, animal or service.

  MISCELLANEOUS

  1. Trademarks

  The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.

  2. Governing Law

  These Terms of Use have been made in, and will be construed in accordance with the laws of the State of California. By using this Website, you consent to the exclusive jurisdiction and venue of the state and federal courts in San Diego County, California in all disputes arising out of or relating to these Terms of Use or use of this Website.

  3. Arbitration

  At the Company’s sole discretion, it may require you to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

  4. Waiver and Severability

  No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  5. Entire Agreement

  The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and EquineNow.com, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.