TERMS OF SERVICE

• 1. ACCEPTANCE OF TERMS

• Equigaia provides its services under the following Terms of Service. We withhold the right to update or change the following Terms of Service from time to time without notice to you. In consideration for your use of EquiGaia’s Service, you agree to accept all Terms of Service, together with any modifications or amendments thereto. EquiGaia may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time and without notice to you. 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.

• 2. PRIVACY POLICY

• EquiGaia is the sole owner of the information collected on this site. We will not sell or share this information to others in ways different from what is disclosed in this statement. Any and all EquiGaia registered user or customer contact information, including e-mail addresses, phone numbers, or e-mail addresses provided on the website, is for use by persons or entities interested in buying a particular animal, product or service offered by the customer.

  EquiGaia registered user or customer contact information is used: (a) to contact the user about the services on our site, (b)for billing purposes, (c) to fill customer's orders.

  EquiGaia takes every precaution to protect the users' information. When users submit sensitive information via the website, their information is protected both online and off-line.

  By subscribing you agree to receive a monthly newsletter about all that's new at the World of Horses.

  If you have any questions about the security at our website, please contact us.

• 3. DESCRIPTION AND CONDITIONS OF SERVICE

• Information about a particular animal, product or service is supplied by users, not by EquiGaia. At no time does EquiGaia take title to any of the animals, products or services 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. EquiGaia cannot verify the information sellers supply or guarantee the animals, products or services they offer. EquiGaia strongly suggests you obtain the services of a veterinarian or other qualified individual, as applicable, to evaluate any animal or product you are considering.

  To post ads of animals, products or services for sale on the website, you are required to provide certain identifying and contact information. You alone are responsible for the information contained in ads, the material you post and for the content of all email messages transmitted through the website.

  If EquiGaia learns, that a user, in our sole discretion, is engaging or intends to engage, in unfair or deceptive practices, EquiGaia reserves the right to deny that user the use of this website and its services. By using the website you agree not to post or transmit any defamatory, abusive, 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. EquiGaia retains the right to deny access to anyone who has violated these terms.

  All ads are subject to reasonable editorial changes to maintain the integrity and prestige of our website and its services. If you provide contact information for people interested in an animal, product or service, EquiGaia is not responsible for any misuse of this information. It is your responsibility to remove an ad from the website upon sale.

  EquiGaia is not responsible for violations created or caused by service users and/or customers. Potential violations include, but are not limited to: copyright, trademark, trade names, patents, or other violations of any local, state, federal or international laws. EquiGaia, in its sole discretion, may display classified ads of users on any, some or all of its partner networks without the user's consent. EquiGaia reserves the right to remove or not remove an ad based on the accusation of fraud.

  Unless explicitly stated otherwise, any new features or services that augment or enhance the current service, shall be subject to the Terms of Service.

  Advertising on Equigaia incorporates the following:

  • - unlimited number of images and videos
  • - X-rays
  • - pedigree
  • - competition results
  • - basic information about the horse
  • - presentation of your business

  Advertising options and rates are written in the pricelist. EquiGaia reserves the right to add or remove any package in order to better suit the users needs. You agree to pay, in advance, all amounts or fees owed to EquiGaia for the placement of your ad, regardless of whether your animal, product or service sells as a result of the listing.

  You also agree that EquiGaia sends all sales receipts in electronic format.

• 4. MyEquiGaia ACCOUNT AND REGISTRATION

• You will receive a confirmation email after completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities, whether authorized by you or not, that occur under your password or account.

  You agree to provide true, accurate, current and complete information about yourself. If you provide any information that is untrue, inaccurate, not current or incomplete, or EquiGaia has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EquiGaia has the right to suspend or terminate your account and refuse current or future use of the website and its services.

  You agree that Equigaia may, under certain circumstances and without prior notice, immediately terminate your account. Grounds for such termination shall include, but shall not be limited to: (a) violations of the terms of service; (b) requests by law enforcement or other government agencies; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; (e) failure to pay for the service; (f) violations of any law, statute, treaty or rule pertaining to your use or connection to the service.

  Cancellation Information

  A customer may terminate its account at any time by providing a written notification to EquiGaia email info (at) equigaia dot com. Written notification of termination must include login email, customer name, address, and telephone number, and the effective date of termination of the account.

  No refunds will be provided for membership fees. No refunds will be provided for extra advertising options.

• 5. VIOLATIONS

• If you see slanderous or malicious content on our site, please contact us. We will, in our sole discretion remove any content deemed malicious, scandalous, harmful or inconsistent with the integrity and prestige of our website and its services. If you see a possible stolen or missing animal listed on our site for sale, please contact us and it will be removed as soon as possible after verification.

• 6. INTERNATIONAL USE

• You acknowledge the global nature of the Internet and you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

• 7. INDEMNITY

• You agree to indemnify and hold EquiGaia, its subsidiaries, affiliates, officers, agents or other partners and employees harmless against and with respect to any action, suit, proceeding, judgment, loss, liability, damage or expense, including attorneys’ fees and court costs, now existing or hereafter arising as a proximate result of content you submit, post, transmit or make available through the website and its services, your use of the website and its services, your connection to the website and its services, your violation of the Terms of Service or violation of any international, federal, state or local treaty, statute, law and/or regulation relating to your use of the website and its services.

• 8. NO RESALE OF SERVICE

• You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the website and its services, use of the website and its services, or access to the website and its services. You may create content on behalf of another so long as they have agreed to all Terms of Service. You may not present or hold yourself out as a representative of EquiGaia or represent EquiGaia in any way.

• 9. EQUIGAIA'S PROPRIETARY RIGHTS

• You acknowledge and agree that the website and its services and any necessary software used in connection with the website and its services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the website and its services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EquiGaia or advertisers, you agree not to use, modify, rent, lease, loan, sell, distribute or create derivative works based on the website and its services, in whole or in part.

• 10. 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, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. EQUIGAIA 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, PRODUCTS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE).

  UNDER NO CIRCUMSTANCES WILL EQUIGAIA OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT 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, OR OTHER DAMAGES OF ANY KIND, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, SHOULD EQUIGAIA BE FOUND LIABLE IN ANY ACTION BROUGHT BY YOU, YOU AGREE THAT THE LIABILITY OF EQUIGAIA 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. 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 EQUIGAIA 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 ANIMAL, PRODUCT OR SERVICE BASED ON A POSTED AD FOUND ON THE WEBSITE.