THE FOLLOWING INFORMATION DESCRIBES THE
TERMS AND CONDITIONS THAT GOVERN YOUR USE OF SERVICES PROVIDED
BY HORSEJOCKEY.COM.
Welcome
to HorseJockey.com's User Agreement. This Agreement describes
the terms and conditions upon which HorseJockey.com
offers its services to you as a user. By using the services
offered by HorseJockey.com, you agree to be bound by the
Terms and Conditions contained in this User Agreement. If you
have
any questions regarding these Terms and Conditions, please
see Frequently Asked Questions.
1. Eligibility: To be eligible
to use the services of HorseJockey.com, all users must register
before participating. To be an eligible
participant, you must be able to form legally binding contracts
under applicable law.
2. Fees and
Services: Registration
is free. HorseJockey.com's Fee Policy is available at HorseJockey.com
is incorporated
by reference. We may change our Fee Policy and the fees
for our services upon at least 30 days notice of the changes
by posting the changes on HorseJockey.com. Only the Seller
pays
fees to HorseJockey.com for use of its services as set
forth
in the Fee Policy. The Buyer pays no fees or charges to
HorseJockey.com and is responsible for paying the successful
bid price directly
to the Seller. Unless otherwise stated a successful bidder
buys the item at the seller's location and is responsible
for any transportation cost to the bidder's location. Seven
(7)
days is considered the normal time that the bidder is allowed
to complete the transaction.
3. HorseJockey.com
Provides a Venue Only: HorseJockey.com is a Web site
that provides a venue for Sellers to list
items
for sale and for Buyers to bid on those items. HorseJockey.com
is not involved in the actual transaction between the
Seller and the Buyer and has no control over the quality of
the
items listed, nor does HorseJockey.com attest to the
truth or accuracy
of the listings or the ability of the Buyer to complete
the transaction. HorseJockey.com merely acts as a clearinghouse,
providing information necessary to put the Seller and
Buyer together in order for them to complete their transaction.
There is no agency, partnership, joint venture. or franchise
relationship intended or created by this user agreement.
HorseJockey.com reserves the right to refuse service
to
anyone
at anytime.
HorseJockey.com shall have no liability whatsoever for
any reason relating to any act of an authorized user
or unauthorized
user regardless of the consequences of such act.
4. Release: HorseJockey.com
does not and cannot be involved in Seller-to-Buyer transactions.
In the event a user has a dispute with any other user, for
any reason,
you release
HorseJockey.com
(our members, agents, employees and representatives)
from all claims, demands and damages (actual and consequential)
of every
kind and nature, known or unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any
way connected with such disputes.
5. Bidding and
Buying: Once
the Buyer has made a bid, it constitutes a legally binding
offer to the Seller.
If the
Seller accepts
the offer, according to the bidding rules, the transaction
is to be completed between the Seller and Buyer.
All winning bidders
will be notified within the specified time in the
bidding rules. If you choose to bid, you are certifying that
you have the
legal right to enter into a binding contract with
the
Seller. HorseJockey.com reserves the right to set
minimum bids
and to withdraw any item at any time for any reason.
HorseJockey.com reserves the right to postpone, delay,
interrupt or cancel
this bidding process for any reason at any time.
6. Manipulation: Price manipulation is prohibited.
Neither Sellers or Buyers may manipulate the price
of any item.
7. User Information: User
information includes any information provided to HorseJockey.com
or
other
users during the
registration, bidding or listing process. The
user is solely responsible
for all information provided to HorseJockey.com
or other users. HorseJockey.com acts as a passive
conduit
for
the online distribution
and publication of user information and may take
any action with respect to such information it
deems necessary
or
appropriate in its sole discretion, if it believes
the information may
create any type of liability for HorseJockey.com.
By submitting user
information, you agree not to provide any false,
inaccurate or misleading information, nor any
information which
would constitute a violation of any law, statute,
ordinance or
regulation, including the violation of any third
party's rights. You further
agree not to submit any information containing
any viruses or computer programming routines
intended to damage,
destroy or interfere with the Web site or user
information
contained
therein.
HorseJockey.com will never disclose your
personal information to anyone outside of the system. Sellers
will be able to view bidders' basic information (system user
ID, name, email address, phone number, city, state and zip code). If you
produce the winning bid on a given item, the seller will receive
your contact information to help complete the transaction.
8.
No Warranty Disclaimer:HorseJockey.com
provides the venue and an interactive online service "as
is" and without any warranty or condition, express,
implied or statutory. We specifically disclaim
the implied warranties of title, merchantability,
fitness for a particular purpose and non-infringement.
All conditions of sale and any warranty expressed
or implied in the description of the item is
the sole responsibility of the particular seller.
9. Indemnification: By
using the services of HorseJockey.com, you agree to indemnify
and hold
harmless HorseJockey.com,
its members, agents and representatives, from
any claim or demand,
including reasonable attorney fees, made by
a third party due to or arising out of your breach
of this
user agreement,
the
documents incorporated by reference herein,
or your violation of any law or rights of a third
party.
10. Access: HorseJockey.com does not
guarantee continuous, uninterrupted or secure access
to our services, and
operation of our site may be interfered with
by numerous factors
outside of our control.
11. Notices: Any
notices to HorseJockey.com shall be given in writing by postal
mail
to 5228 Highway
144,
Owensboro,
KY 42303, or by email to ,
and to you by
the address you provide to HorseJockey.com
in the registration process or by the email
address
that
you provide. Notice
shall be deemed given 24 hours after email
is sent, unless the sending
party is notified that the email address
is invalid, or 48 hours after delivery
of notice
to HorseJockey.com
mail
box.
In the alternative, notice shall be deemed
given three (3) days after the date of
mailing to the
address provided
above
or in your registration information.
12.
Governing Law: This user agreement shall be governed in all
respects by the
laws of
the Commonwealth
of
Kentucky. If
any provision of this user agreement
is held to be invalid or unenforceable, such
provision
shall
be
stricken and
the remaining provisions shall be enforced.
Headings are for
reference purposes only and do not define,
limit, construe or describe
the scope or extent of such section.
13. No Waiver: The failure of HorseJockey.com
to act with respect to any default or
breach of this
user
agreement by you or others
does not constitute a waiver, nor does
it waive any rights of HorseJockey.com
with
respect
to any subsequent
breaches
or defaults.
14. Arbitration: Any controversy
or claim arising out of or relating to
this user
agreement or
the services
of HorseJockey.com
shall be settled by binding arbitration
in accordance with the commercial
arbitration rules of the
American Arbitration
Association. Any such claim or controversy
shall be arbitrated on an individual
basis and shall
not be
consolidated
with any
other claim or controversy of any
other party.
The arbitration shall be conducted
in Owensboro, Kentucky
and judgment
on any arbitration award may be entered
into any court having
jurisdiction
thereof. By using the services of
HorseJockey.com you agree that jurisdiction and venue
for the purpose of
seeking
injunctive or interim relief shall
be that of Owensboro, Daviess County,
Kentucky.
15. Additional
Terms and Conditions: The following document is incorporated
by
reference: Listing and Fee policies