Terms of Use

TERMS AND CONDITIONS

1. ACCEPTANCE OF TERMS

Elite Equine Marketplace LLC (“Elite Equine”) provides equestrian classified advertising services which includes online resources, classified ads, forums, and industry discount possibilities (collectively, the “Services“) on its Website (https://eliteequinemarketplace.com/) subject to the following Terms of Use (“TOU”). By accessing the Website or using the Services, you expressly (without any limitation or qualification) agreeing to the TOU. 

Subsequently, when using a particular Elite Equine Service, you agree to abide by any applicable posted guidelines for that Service, which may change from time to time. Should you object to any term and conditions of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Elite Equine in any way, your only recourse is to immediately discontinue the use of the Website and its Services. Elite Equine has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation, and prosecution. It is important to note that these TOU shall be deemed to apply to anyone viewing the Website and not only those that are using, browsing or registered Users on the Website.

The term “you” “your” and “User” refers to the user of the Website and the term “us” “our” “we” refers to Elite Equine. 

2. MODIFICATIONS AND UPDATES

Elite Equine may add, change or update these TOU, from time to time entirely at its own discretion. The User must read these TOU periodically or every time the User accesses the Website to remain in compliance with these terms. The User’s use of Website after any amendment to the TOU shall constitute the User’s acceptance of the terms and conditions as amended, revised or modified. If at any time you do agree to the TOU, you must cease your use of the Website.

3. USER REGISTRATION AND ACCOUNTS 

For the purposes of registering with Elite Equine, you must be over the age of 18 years or of a legal age to form a binding contract and must not be a person barred from receiving such Services under the laws of the United States or other applicable jurisdiction. While using the Website, you agree that you will comply with all laws, ordinances, and regulations applicable to your activities on the Website. You also agree to provide true, accurate, current and complete information about yourself while registering on the Website. If you provide any information that is untrue, inaccurate, not current or incomplete in either your registration or in any advertisement, or Elite Equine has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Services, in whole or part. 

Subsequent to the registration, essential details may be provided to you including a password and account designation. The Users are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities, whether authorized by the Users or not, that occur under your password or account. You hereby agree to (a) immediately notify Elite Equine of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Elite Equine shall not be liable for any loss or damage arising from your failure to comply with these guidelines including, but not limited to, any unauthorized use. 

You understand that the registration on the Website are of distinct levels and each User shall be required to provide information and details as per their distinct level of registration. If you register for our Services as a business, you represent and warrant that you have the authority to bind such businesses and otherwise act on its behalf. If you lack such authority, you will be held personally liable for all transactions into which you enter on the Website on behalf of such business. Use of the Service by all Users is subject to Elite Equine’s ability to suspend or terminate such use.

The Users hereby understand and agree that Elite Equine, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, and remove and discard any Content within the site, for any reason, including, without limitation, if Elite Equine that there has been any violation of any TOU. You agree that Elite Equine shall not be liable to you or any third-party for any termination of your access to the Services. Further, you agree not to attempt to use the Services after said termination. Elite Equine also reserves the right to log off accounts that are inactive for an extended period of time.

4. CONTENT 

The Users understand that Elite Equine is only a service provider of a platform where Users can register and interact with each other by exchange of information, including statements of fact, representations and opinions. The Users shall be responsible for all postings, advertisements, listings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) on the Website. By submitting any content to our Website, you represent and warrant to us that such Content is true and correct in all respects, that you have the right to submit such Content, and that Elite Equine’s use of the Content through the Service, and as described in the TOU, will not infringe or violate the rights of any third party, including without limitation any intellectual property rights and rights of privacy. 

The User represents that they are fully authorized and licensed to use the entire contents of the material submitted on the Website including the names, portraits and/or photographs of persons and/or animals, any photographs, description, copy, other copyrighted material, or any testimonials, and has the right to and is capable of selling or providing the product or service advertised at the price advertised. You are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Website. The Users understand that the Website may not pre-screen Content, but the Website reserves the right (but not the obligation) in its sole discretion to refuse to publish or remove any Content that is available via our Website. The Website in its sole discretion, shall have the right to remove any Content that violates any provision of the terms of use or is otherwise objectionable. 

Elite Equine does not control, and is not responsible for Content made available through it, and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Elite Equine does not provide any guarantee or warrant of the products and Services offered by the users or third parties on the Website. In particular, but without limitation, we are not responsible for the claims of any User, owner or seller regarding a sale, lease, health, performance, fitness, representations or any other claims asserted. If you provide personal details such as contact information for people interested in your horse(s) or services, Elite Equine is not responsible for any misuse of this information. It is your responsibility to remove your advertisements from the Elite Equine service upon sale or transfer.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Elite Equine be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise made available via the Services.

Elite Equine does not endorse or ratify any statements made by any user of this Services. Elite Equine may (but shall not be obligated to) report to appropriate governing bodies any act or omission of any person that is in violation for the TOU or the rules, regulations, canons of conduct, or other licensing requirements of such bodies. Elite Equine may (but has no obligation to) remove any content posted on our site at any time for any reason. The Communications Decency Act, 47 U.S.C. 230, provides that Elite Equine, as the provider of service, shall not be treated as the publisher or speaker of any information provided by the users of the site. You shall have no claim against Elite Equine for Content posted by Users.

During your use of the Website, you will not post any Content that:

  • Is in violation of any local or international law, rule or regulation having the force of law, including privacy law
  • Would infringe someone’s patent, copyright, trademark, or any other proprietary right
  • Is deceitful, unlawful or falsified
  • Is inappropriate, obscene, derogatory, hateful, abusive, defamatory or offensive to any individual or group of individuals on the basis of their religion, race, ethnicity, gender, sexual orientation or age
  • Attempts to distribute, on or through this website, any advertising; promotion; solicitation for goods, services or funds; or solicitation for others to become members of any enterprise or organization without prior written permission
  • Is for the purposes of promotions or marketing campaigns and you shall not solicit any users with data retrieved from this website
5. THIRD PARTY CONTENT

Elite Equine and Content available on the Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Elite Equine, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your linking to any other websites is at your own risk. Elite Equine makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any other user or third party.

6. LIMITATIONS ON SERVICES

You acknowledge that Elite Equine may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Website, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Services. You agree that Elite Equine has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by or through the Website. You acknowledge that Elite Equine reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that Elite Equine shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

7. TERMINATION OF SERVICE

Elite Equine, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason. All fees paid will be non-refundable in the event that Content is removed from the Service or your account is terminated for violating the TOU. Further, you agree that Elite Equine shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. This Sections shall survive termination of the TOU.

8. BILLING

You warrant that you have the right to use the mode of payment that you provide to us. By providing us your payment card details you allow us to use and store the information. You warrant that any billing information you provide to us is accurate. Providing fraudulent or false information is a breach of these terms and conditions and can result in a cancellation of the provision of Services and other legal actions available under the law. The provision of your credit card or bank account information allows us to debit your account from time to time in the amounts of the fees accrued by you in connection with your use of the Services.

9. PAYMENTS

Not all functions of the Service carry a fee. In order to access certain features and Services available on the Website, you may be required to become a registered member of the Website and pay a fee. Elite Equine is permitted to bill you for the price and payments associated with the use of Services (Fee), which Elite Equine may, in its sole discretion, modify from time to time. You agree to pay, in advance, all Fees owed to Elite Equine for the placement of your advertisements and other Content. Elite Equine may, in its sole discretion, raise or lower advertisement prices, linking prices, or other Services without notice. Fees are stated in US dollars. You are solely responsible for payment of all sales and other taxes arising from your use and access of Services. The payments made to the Platform for any purposes, including the listing of advertisements are non-refundable. 

10. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Elite Equine owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. In consideration of you agreeing to abide by these TOU, Elite Equine grants you a non- transferable, non-exclusive license to use our Website. Elite Equine reserves all other rights in the Website. You acknowledge that all Intellectual Property Rights of the Website, used anywhere in the world belong to Elite Equine. 

11. PROPRIETARY RIGHTS IN CONTENT OF USERS

Elite Equine does not claim any ownership rights in the Content that you post on the Website. By displaying or publishing (“posting”) any Content on or through the Website, you hereby grant to Elite Equine a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content. You represent and warrant that you own the Content posted by you on or through Website or otherwise have the right to posting. You agree that the posting and use of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You hereby also agree that posting of your Content on the Website does not result in a breach of contract between you and a third party. 

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Elite Equine by providing the following information:

a) Identify the material on the Platform that you claim is infringing, with enough detail so that we may locate it on the Platform.

b) 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. 

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner. 

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

We may remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

12. LOSSES

We will not be liable for any loss of profits, revenue, contracts, data and savings or damages during the performance our Services that are foreseeable or unforeseeable by us when you start using our Website.

13. EVENTS BEYOND OUR CONTROL

We shall not be held liable for failing to fulfill any obligations under these terms and conditions if the events lie beyond our reasonable control.

14. SEVERABILITY

In the event that any provision of these TOU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these TOU, such determination shall not affect the validity and enforceability of any other remaining provisions.

15. DISCLAIMER OF WARRANTIES

You agree that use of the Website and the Services is entirely at your own risk. The Website and the Services are provided on an “as is” or “as available” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, Elite Equine disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the Website and Services. To the fullest extent permitted by law, we disclaims any warranties for other services or goods received through or advertised on the Website, or accessed through any links posted on the Website. To the fullest extent permitted by law, we disclaims any warranties for viruses or other harmful components in connection with the Website and Services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

 

16. INTERNATIONAL USE OF WEBSITE AND SERVICES

The Website may be accessed and/or the Services may be used by individuals who do not reside in the United States. Users residing outside the United States agree to comply with all local rules regarding user conduct on the Internet and acceptable content. Specifically, such users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

17. OTHER IMPORTANT TERMS

Elite Equine may transfer its rights and obligations under these TOU to another organization, and will always notify you in writing if this happens, but this will not affect your rights or its obligations under these TOU.

This contract is between you and Elite Equine. No other person shall have any rights to enforce any of its terms. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

If Elite Equine fails to insist that you perform any of your obligations under these TOU, or if it does not enforce its rights against you, or if it delays in doing so, that will not imply that it has waived its rights against you and will not mean that you do not have to comply with those obligations. 

If Elite Equine does waive a default by you, it will only do so in writing, and that will not mean that it will automatically waive any later default by you.

18. GOVERNING LAW AND JURISDICTION

Any disputes arising between you and Elite Equine is to be governed by and construed in accordance with the laws of United States.

QUESTIONS

If you have any additional questions or concerns related to this statement and/or our practices, please email us at eliteequinemarketplace@gmail.com.

Terms and Conditions were last updated in January, 2025.