- ACCEPTANCE OF TERMS
HORSEZZ reserves the right to change, add or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately once posted to the Site, and your continued use of the Site or Service after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. Nonetheless, in the event that any portion of this Agreement is updated, HORSEZZ has the right, but not the obligation, to notify you of such update via electronic communication to the email address you registered when you created an account and/or a notice posted to the Site.
- HORSEZZ’S SERVICE
- ACCOUNT REGISTRATION & RESPONSIBILITIES
The Service and certain areas of the Site are only available to users who create an account with the Company (“Registered Users”). When you create an account through the Site, you may be required provide us with certain information, including, without limitation, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; (v) if an applicable purchase is made, your credit, debit card or PayPal account information; and (vi) a username and password chosen by you (the “Registration Data”). If you login through Facebook, your Registration Data may include your profile picture in addition to the previously mentioned data. As indicated in Section 4 below, we do not store all of your Registration Data on our database.
You, at all times, are responsible for (i) updating the Registration Data to, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data. Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use (Defined Below) of your account, please contact us at [email protected]
- provide false or inaccurate Registration Data;
- complete, or attempt to complete, contractual obligations without all of the necessary licenses, permits or authority lawfully required pursuant to local, state or federal law, or reasonably required in the jurisdiction in which the contract was executed or the obligations are to be performed;
- post or transmit, or cause to be posted or transmitted, any materials, including without limitation, ratings, comments or reviews regarding vendors, subcontractors, or other users that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, violate any law or right of any third party or are not based on the personal, first-hand experience of you;
- use the Site or the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
- engage in any activity that competes, or is intended to compete, with any of the Services. Additionally, you agree not that you will not advertise, or participate in an advertising or marketing scheme designed to promote, the Services of a competitor;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation, including without limitation User Submissions (defined in Section 5 below), designed or intended to obtain password, account, or private information from any HORSEZZ user;
- create or submit unwanted email (“Spam”) to any other HORSEZZ users;
- infringe upon the intellectual property rights of HORSEZZ, its users or any third party;
- submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
- post, email, transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- use any data mining, robot, spider, scraper, sniping software or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
- advertise to, or solicit, any user to buy or sell any products or services through the Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; OR
- duplicate, copy, reproduce, sell, resell, or otherwise exploit the reviews and ratings and any content for any commercial purpose without the express written consent of the Company.
- DATA STORAGE
HORSEZZ uses the services of third parties to perform certain vital functions, including handling payments for the products discussed in Section 6 below. These third parties will only have access to the aspects of the Registration Data that are necessary to perform their respective services. Although you may be required to provide credit/debit card information associates with your Account when you make a purchase, we immediately transmit this information to our payment gateway service provider. These companies, not HORSEZZ, store your credit or debit card information in their databases.
We utilize commercially reasonable and industry-standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.
- CONTENT AND USERS
By accessing the site OR using the service, you acknowledge that HORSEZZ merely acts as a passive conduit of the information made available through the service. By accessing or otherwise using the SITE or SERVICE, you acknowledge and assume all risks of harm, loss or damage related to your use of the SITE AND SERVICE, and hereby waive all claims and/or causes of action related to your use of the FOREGOING.
The contents of the Site and email notices, and updates, such as profile usernames, articles, text, graphics, images, videos, reviews, ratings, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be an endorsement or referral to a particular vendor. HORSEZZ does not guarantee the accuracy, quality or completeness of the Content.
Although we work with third-party service providers to procure background checks of vendors, we cannot confirm that each vendor is who they claim to be. We do not assume any responsibility for the accuracy or reliability of this information or any information provided on the Site or through the Service.
NEITHER THE COMPANY NOR ITS AFFILIATES ARE RESPONSIBLE FOR (I) THE CONTENT PROVIDED BY ANY USER OF THE SERVICE AND/OR (II) THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, including consulting a licensed veterinarian or dog trainer before following another User’s advice on the treatment or training of animals. By accessing or otherwise using the Site or Service, you acknowledge that HORSEZZ’s correspondence, dealings and other interactions with individuals through the Site are solely between you and such persons. You should make whatever investigation you believe necessary or appropriate before entering into any agreement with a Registered User. You agree that HORSEZZ shall not be responsible or liable for any CLAIM, INJURY loss or damage of any sort incurred as the result of any such dealings and you agree to bear all risks associated THEREWITH.
HORSEZZ does not endorse and is not responsible for (i) any advertising, products or services offered by other Users through the Site; (ii) the accessibility or unavailability of any User; or (iii) the quality or completeness of work performed by any vendor.
- INTELLECTUAL PROPERTY RIGHTS
Subject to certain intellectual property rights governed by laws of the United States, foreign jurisdictions or international conventions, HORSEZZ owns or has licensed the Site, Service and all content thereon, including, but not limited to, trademarks, service marks, logos, music, sounds, videos, text, software, scripts, graphics, interactive features or any downloadable content (collectively, the “Intellectual Property”). Pursuant to this Agreement, HORSEZZ provides you with a limited, non-transferable, non-sublicensable, revocable license to use such Intellectual Property on an AS-IS basis. Furthermore, the license granted herein is personal and may not be used, copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HORSEZZ reserves all rights not expressly granted in and to the Site, Service and the Intellectual Property. By accessing the Site or using the Service, you hereby agree not to engage in the unauthorized use, copying or distribution of any of the Intellectual Property without the express written consent of the Company. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or Service or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein.
Some portions of the Site or Service may allow you to submit or transmit audio, video, text, photographs, images or other materials designated to be displayed to others (collectively, “User Submissions”) to or through the Site. In the event that you provide User Submissions, you hereby grant to HORSEZZ, its affiliates, and partners a fully-paid, non-exclusive, non-revocable, worldwide, royalty-free, assignable and fully sublicensable right to use, distribute, edit, incorporate, display, archive, publish, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those User Submissions, in any form, media, software or technology of any kind now known or developed in the future. You hereby waive any moral rights you may have in your User Submissions.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our partners, directors, officers, affiliates, employees or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. You understand that by using the Site or Service, you may be exposed to User Submissions that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Submissions. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site. You are solely responsible for your interactions with other users of the Site and/or Service.
- TERMINATION AND EFFECT OF TERMINATION
This Agreement shall last until either you or the Company elect to terminate your account. In addition to any other legal or equitable remedy, HORSEZZ may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Site and Service. In addition, HORSEZZ may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Site and Service. Any such action shall not affect any rights and obligations arising prior thereto. Sections 5 through 20, together with any definitions and provisions intended to survive, shall survive the termination of this Agreement. The Company may terminate your user account, this Agreement and/or otherwise prohibit you from using or accessing the Site or the Service, for any reason, or no reason, at any time in its sole discretion, with or without notice. Upon termination, you must stop all use of the Site and the Service, unless otherwise set forth herein. The Company may take such further action as the Company determines to be appropriate under the circumstances to eliminate or preclude repeat violations. The Company shall not be liable for any damages of any nature suffered by you, or any third party resulting in whole or in part from the Company’s exercise of its rights under this Agreement
- THIRD-PARTY LINKS
- Consent to Electronic Communication
By creating a Registered Account, you acknowledge that HORSEZZ may need to send you communication or data, via email, regarding the Services, including, but not limited to, notices about your use of the Services, updates to the Services and promotions regarding additional products and services offered by us. By using the Services, you consent to the receipt of electronic messages from us. Should you elect to opt-out of the receipt of electronic messages, you may do so by following the instructions provided in such a message. All newsletters sent by HORSEZZ are opt-in only and include instructions on how to unsubscribe from such newsletters.
- Copyright and Trademark Infringement Policy
The Company does not own the User Content. All User Content is posted by Registered Users, each of whom or which (as the case may be) has represented and warranted to the Company that, among other things, the User Content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights.
Since the Company is not in a position to determine who has the prevailing claim to use any particular User Content, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Intellectual Property Rights (the “Complainants”) and the Registered User(s) allegedly responsible for the infringement of the Complainant’s Intellectual Property Rights. We recommend that Complainants immediately notify Registered Users about allegations of infringement that pertain to them.
For matters of suspected copyright infringement and to provide us with notifications of infringement under the Digital Millennium Copyright Act (DMCA), please see our Copyright Policy.
- Public Forums and Private Communications
The Site may contain certain features that enable Registered Users to interact directly with each other, including by sending private messages to other Registered Users and posting comments and exchanging useful and helpful information with other Registered Users (“Public Forums”). While using a Public Forum or reading a private message, you may be exposed to the content of other Users with which (a) you may disagree, (b) that you may find offensive, indecent or objectionable, or (c) is inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content. You should be skeptical about information provided by others, and you acknowledge that the use of any Submissions posted in any Public Forum or received via a private message is at your own risk. Further, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum or from a private message may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any Submissions contained in a Public Forum, and she shall not be responsible for any decisions made or actions taken based on such information or content. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, including consulting a licensed veterinarian or dog trainer before following another User’s advice on the treatment or training of animals.
Please respect and interact with other users as you would in any public arena. Do not reveal information that you do not want to make public.
We encourage you to report to us at [email protected] any suspected violations of this Agreement or any other additional terms posted on the Site, in particular, as they relate to inappropriate behavior or activity in our Public Forums. We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates this Agreement, including removing the offending communication in whole or in part from the Site, suspending or terminating the membership accounts of such violators or suspending or terminating their right to use and access the Site.
We reserve the right to, in our sole discretion, adopt, modify and post additional rules in any Public Forum and to condition access to any such feature by any individual or group in accordance with criteria determined by us in our sole discretion, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time and to change or modify the criteria or rules at any time, in our sole discretion.
- REPRESENTATIONS AND WARRANTIES
- DISCLAIMER OF WARRANTIES
THE SITE AND SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE OR THROUGH THE SERVICE, ARE PROVIDED “AS-IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT. HORSEZZ AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE SERVICE; (C) THE INTELLECTUAL PROPERTY, CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE AND THE SERVICE; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE AND THE SERVICE; (E) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS, INCLUDING WITHOUT LIMITATION, REGISTRATION DATA, CONTENT OR USER SUBMISSIONS; (F) ANY PRODUCTS OR SERVICE OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (INCLUDING REGISTRATION DATA) THROUGH THE SITE OR THE SERVICE OR ANY LINKED SITE. HORSEZZ DOES NOT WARRANT THAT THE SITE, SERVICE OR ANY OF THEIR RESPECTIVE FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND THE AFFILIATES OF THE FOREGOING DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE.
HORSEZZ, AND ITS MANAGERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS AND THE AFFILIATES OF THE FOREGOING SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR THE SERVICE INCLUDING, WITHOUT LIMITATION, THE INTELLECTUAL PROPERTY AND CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
- LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT HORSEZZ LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICE AS SET FORTH BELOW:
UNDER NO CIRCUMSTANCES SHALL HORSEZZ, OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE MANAGERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, OR AFFILIATES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE, INCLUDING THE INTELLECTUAL PROPERTY OR CONTENT THEREON, THE SERVICE OR USER SUBMISSIONS; (2) THE USE OF, INABILITY TO ACCESS OR USE, OR PERFORMANCE OF THE SITE AND SERVICE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR SERVICE; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS RELATED TO THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES, AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE OR SERVICE).
IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION OR PORTION THEREOF MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE LESSER OF THE FEES PAID BY YOU IN THE PREVIOUS TWELVE (12) MONTHS OR ONE HUNDRED DOLLARS ($100).
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE PHONE, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR RISK.
IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICE. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICE OR OTHER PROPERTY OWNED OR CONTROLLED BY HORSEZZ AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN YOUR USER SUBMISSION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
By ACCESSING THE SITE, OR OTHERWISE USING the SERVICE, you hereby RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES OF THE FOREGOING, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEYS’ FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THIS AGREEMENT; (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THE SITE OR THE SERVICE; AND (III) YOU ENTERING INTO AN AGREEMENT WITH ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, OWNERS, VENDORS AND OTHER USERS OF THE SERVICE, AND (IV) WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE OR USE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and the Company.
Our failure to comply with any provision of this Agreement due to an act beyond our control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.