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REGISTRATION AGREEMENT AND TERMS OF USE THIS AGREEMENT WAS LAST UPDATED ON JULY 25, 2006. PLEASE SCROLL DOWN AND READ THE REGISTRATION AGREEMENT AND TERMS OF USE BELOW. This REGISTRATION Agreement and Terms of Use govern your use of USA Horse Net. If you agree to be bound by the terms of this Agreement, you should click on the "I AGREE" button at the end of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should click "I DISAGREE." If you click "I DISAGREE," you will not be able to proceed with the registration process for USA Horse Net and become a REGISTRANT. To the extent you have access to, or are using, USA Horse Net without having completed our registration process and clicked on an "I AGREE" button, you are hereby notified that your continued use of USA Horse Net is subject to the terms and conditions of this Agreement as explained in Section 4 below. 1. Changes to REGISTRATION Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document, which you can access at any time by going to the Contact Us page of USA Horse Net. You signify that you agree to be bound by such changes by using USA Horse Net after changes are made to this Agreement. 2. Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States or any other country, and by registering with USA Horse Net, you consent to the transfer of information outside of your country. If you access USA Horse Net using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to USA Horse Net, they will have the ability to view information about your account and make changes through this web site. Similarly, if you tell someone the answer to your security question for USA Horse Net, they will be able to request information about your account and make changes to it. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice. 3. Fees and Payments. No registration fees are required in connection with your user name and password for use of USA Horse Net. However, if you choose to place an advertisement with us, you may be subject to fees depending on the type of ad you are placing. See the Ad Pricing page to view a breakdown of the advertising prices. We will bill all charges automatically to your credit card. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed USA Horse Net using your user name and password without your authorization, please contact us immediately. 4. Exceptions for Various Types of Users. You may access USA Horse Net without becoming a REGISTRANT in order to view ads only; however, you may not be entitled to the extra features listed on the Buyer Features and Seller Features pages. 5. Limitations on Use. a. Only one individual may access USA Horse Net at the same time using the same user name or password, unless we agree otherwise. b. The text, graphics, images, video, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through USA Horse Net is our property or the property of our advertisers and is protected by copyright and other intellectual property laws. You may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through USA Horse Net to anyone with the following exception: you may use our "Tell-a-Friend" service to e-mail an ad's details to a friend using the site's messaging system. c. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from our content for use on another web site or service. You agree not to post any content from USA Horse Net to weblogs, newsgroups, mail lists or electronic bulletin boards. d. You agree not to use USA Horse Net for any unlawful purpose. We reserve the right to terminate or restrict your access to USA Horse Net if, in our opinion, your use of USA Horse Net may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive. 6. Restricted Activities. Without limiting any other remedies available, USA Horse Net may restrict, suspend or terminate your account, prohibit access to the USA Horse Net website, remove hosted content, and take technical and/or legal measures to prevent use of the website if you or user of the website acts contrary to the spirit of this Agreement, participates in disruptive practices or creates potential legal liabilities. USA Horse Net does not allow the use of profanity or patently vulgar language. This includes the use of language that is racist, hateful, sexual, or obscene in nature in a public area. USA Horse Net does not condone the posting of any content which constitutes illegal conduct, encourages illegal conduct, or which is false, fraudulent, misleading, inaccurate, defamatory, involves counterfeit goods or documents, or which infringes upon any copyright, trademark, or other intellectual property right protections. Posting of content which violates these Terms of Use, or the spirit thereof, may result in disciplinary action. This action may include a formal warning, the ending of all violating postings, or even temporary or indefinite suspension of a REGISTRANT's account. The failure of USA Horse Net to act or its election not to act with respect to a breach of this Agreement by you or other third parties shall not waive the right of USA Horse Net to act with respect to subsequent or similar breaches. USA horse Net does not guarantee that it will pursue action or seek remedies against all breaches of this Agreement. 7. Release and Indemnity. If you have a dispute with one or more REGISTRANTS, you agree that you release USA Horse Net (and its officers, managers, members, employees and agents) from any claims, demands and damages (actual or consequential) of any nature, whether known or unknown, arising out of or in any way connected with such disputes, USA Horse Net facilitates the exchange of goods and information by providing a forum for such transactions. USA Horse Net is not a buyer or seller of goods, and is not involved in any actual transactions between RESISTRANTS. As such, USA Horse Net has no control over and does not guarantee the quality, authenticity, condition, safety of legality of any items advertised, the truth or accuracy of any postings by REGISTRANTS, the marketability of title or the rightful ownership of any items which may be posted on the website. You agree to indemnify and hold USA Horse Net (and its officers, managers, members, employees and agents) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. 8. No Agency. No agency, partnership, joint venture, employment or franchise relationship is intended to be created between USA Horse Net and any other party by this Agreement. 9. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, USA HORSE NET AND THE CONTENT AVAILABLE THROUGH USA HORSE NET IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED. USA HORSE NET AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, AND EMPLOYEES ("THE USA HORSE NET PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF USA HORSE NET FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE USA HORSE NET PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. 10. Liability. USA Horse Net cannot guarantee continuous or secure account services, and operation of this website may be interfered with and disruptions of service may be caused by any number of factors outside of its control. 11. Attorney Fees. In the event that USA Horse Net elects to pursue legal action to collect any fees which have not been paid or for which funds have been withheld without legal cause, REGISTRANT shall be liable for reasonable attorneys' fees incurred by USA Horse Net in pursuit of collection, in the event that USA Horse Net prevails in such legal action. 12. Assignment. USA Horse Net reserves the right to assign its rights and obligations under the terms of this Agreement at any time without prior notice or approval from the REGISTRANTS. 13. General. This Agreement contains the final and entire agreement between us regarding your use of USA Horse Net and supersedes all previous and contemporaneous oral or written agreements regarding your use of USA Horse Net. We may discontinue or change the features or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Georgia, United States of America applicable to contracts made entirely within Georgia and wholly performed in Georgia, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Georgia having jurisdiction over USA Horse Net under the laws of the State of Georgia. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is found invalid, unenforceable or in violation of any law by a court of competent jurisdiction, such provision shall be modified only to the extent necessary to enable such provision to be valid and enforceable, without effect in the remaining portions of this Agreement, which shall remain in full force and effect. This Agreement is binding upon and shall inure to the benefit of the parties' heirs, executors, administrators, representatives, successors, and assigns. Headings utilized in this Agreement are for reference purposes only and shall not be construed as limiting the scope or extent of any section of the Agreement. Copyright 2006 USA Horse Net, L.L.C. All rights reserved.
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