Hoofpick - Terms of Use

This Hoofpick Terms of Use, including all linked to or referenced documents and resources (the "Agreement" or "Terms of Use"), govern your use of the Hoofpick site and services. Our site and services are available for your use only on the condition that you agree to the terms and conditions set forth below, all with the intention to form a legally binding agreement. YOUR ACCESS OR USE OF THE SITE SHALL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS SITE.

All sales final.

USER ELIGIBILITY
You must be at least eighteen (18) years old in order to place an advertisement on our site. If you are under the age of eighteen (18) you will need to have a parent or legal guardian's consent prior to placing an advertisement or using the Service (defined below). We will not accept any information from children under the age of thirteen (13), if you are under the age of thirteen please do not provide Hoofpick any of your information.

SERVICES
Hoofpick provides users with on-line access to information regarding horses, horse products, dogs, cats [Specify other products and services] as well as other products and services. ("Services") Hoofpick may also provide new features or information to the Services, which shall be subject to this Agreement.

While our goal is a 100% error free site and Service, we do not guarantee that the Content is accurate or complete, including item description, price information and item specifications. Hoofpick reserves the right to revoke any stated offer and to correct any errors, inaccuracies and omissions.

CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. You will not post on the Service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Hoofpick or to any other user. If information provided to Hoofpick, or another user, subsequently becomes inaccurate, misleading or false, you will promptly correct such inaccuracy and notify Hoofpick of such change, where applicable.
The following are examples of information and Content which is prohibited from the site:

information which is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any animal, group or individual;
harasses or advocates harassment;
information or activities which are against the law or any regulation;
involves the transmission of "junk mail", "chain letters" or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18; and/or
provides instructional information about illegal activities such as making or buying illegal items, violating someone's privacy, or providing or creating computer viruses.

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 of these third parties.
You are entirely responsible for all Content that you post, email or otherwise make available via the Service. You understand that Hoofpick does not control, and is not responsible for Content made available through the Service. Furthermore, the Hoofpick site and Content available through the Service may contain links to other websites, which are completely independent of Hoofpick. Hoofpick makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. 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 Hoofpick 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 Service. You acknowledge that Hoofpick does not pre-screen or approve Content, but that Hoofpick shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the Terms or for any other reason.
You agree that Hoofpick shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Hoofpick is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Hoofpick, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our Service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

CONDUCT
When using the Service you agree that:

You will not impersonate another person or entity and that the information you give is true and accurate.
Any animal, item or thing you place for sale, is owned by you and/or you have the right to place for sale and sell such animal, item or thing (at the time of posting up to and after the sale).
You will not express or imply that any statements you make are endorsed by Hoofpick without our specific prior written consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Service or the website, without Hoofpick's prior written authorization.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the website or any software used on or for the Service.

DISCLOSURE OF CONTENT/MONITORING
Although Hoofpick has no obligation to monitor any information provided to the Service by its users, including without limitation, your information (as defined in the Privacy Policy) and the Content. Hoofpick reserves the right to monitor, retain and disclose such information if required to do so by law or in good faith belief that such disclosure is reasonably necessary to comply with the legal requirements, to respond to claims that any information violates any rights of a party or to protect the rights, property and safety of Hoofpick, its users and the public.

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

ACCESS TO THE SERVICE
Hoofpick grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Hoofpick. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. "General purpose internet search engine" does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

PROPRIETARY RIGHTS
Any and all intellectual property rights associated with the Service, including without limitation, any inventive concepts, know how, publicity rights, trademarks, trade dress, trade secrets, copyrights and patents are the sole and exclusive property of Hoofpick. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Hoofpick. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Hoofpick, and agree to abide by any and all copyright notices displayed on the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Hoofpick is a registered mark in the U.S. Patent and Trademark Office.
Although Hoofpick does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Hoofpick an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Hoofpick all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

LIABILITY
THE SERVICE AND SITE IS PROVIDED AS IS. HOOFPICK, IT'S OFFICERS, AGENTS, SUPPLIERS AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY INCORRECT OR INACCURATE INFORMATION, (IV) INFRINGEMENT, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify, defend and hold harmless Hoofpick, its officers, agents, suppliers and affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of the Service, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Service, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this Site

PRIVACY POLICY
Your information and certain other information about you is subject to our Privacy Policy. For more information, please read our Privacy Policy. You should be aware that websites linked to the Service are likely governed by confidentiality and privacy provisions that differ from the provisions governing the Service. Hoofpick is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Hoofpick hereby incorporates herein, by this reference, the Hoofpick Privacy Policy into the terms of this Agreement.

MODIFICATIONS
Hoofpick may, at any time, and without notice, modify, update, or otherwise change the terms of this Agreement or the Service, and you agree that you are deemed to be apprised of, and to be bound by such changes, immediately upon the posting thereof. Accordingly, we encourage you to visit the site from time to time to review the current version of the Agreement.

TERMINATION
You agree that Hoofpick, in its sole discretion, may terminate your use of the Service, and remove and discard any content within the Service, for any reason. Hoofpick may also, in its sole discretion, at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice. Further, you agree that Hoofpick shall not be liable to you or any third party for any termination of your access to the Service.

COMPLETE AGREEMENT
This Agreement constitutes the entire agreement between you and Hoofpick with respect to use of the Service, superseding any other agreement between you and Hoofpick. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The provisions which by their nature should survive termination of this Agreement shall so survive. This Agreement shall be construed and enforced in accordance with the laws of the State of Georgia without reference to conflict of laws principles, and shall be deemed to be executed in Georgia. Any claim dispute or controversy (whether in contract, tort or otherwise) against Hoofpick, its officers, agents, employees or affiliates arising from or relating to this Agreement, the Services or this site shall be resolved exclusively by binding arbitration administrated by the National Arbitration Forum. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.