1. ACCEPTANCE OF TERMS
Paso Fino Horse Association, Inc. ("PFHA") provides its Service (ashereafter defined) to you subject to the following Terms of Service("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at:http://www.pfha.org/terms. Please be advised that your use of the Site (ashereafter defined) constitutes your agreement to follow and be bound by the TOS. In addition, PFHA may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
MarketPlace.PFHA.org (the “Site”)offers you the ability to buy or sell horses and horse merchandise via the Site(the “Service”). You also understand and agree that the Service may include certain communications from PFHA, such as service announcements and administrative messages, and that these communications are considered part of PFHA membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS"and that PFHA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the"Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete,or PFHA has reasonable grounds to suspect that such information is untrue,inaccurate, not current or incomplete, PFHA has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You will create a password and account designation during the Service's egistration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PFHA of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PFHA cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, video,messages, tags or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not PFHA, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. PFHA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PFHA be liable in any way for any Content, including, but not limited to,any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a PFHA official, administrator, or user, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual orfiduciary relationships;
f. upload, post, email, transmit or otherwise make available any Content thatinfringes any patent, trademark, trade secret, copyright or other proprietaryrights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designed for such purpose;
h. upload, post, email, transmit or otherwise make available 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
k. intentionally or unintentionally violate any applicable local, state,national or international law;
l. "stalk" or otherwise harass another; and/or
m. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l, above.
You acknowledge that PFHA may or may not pre-screen Content, but that PFHA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, PFHA and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy,completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PFHA or submitted to PFHA.
You acknowledge, consent and agree that PFHA may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of PFHA, its users and the public.
You understand that the technical processing and transmission of the Service,including your Content, may involve (a) transmissions over various networks;and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by PFHA and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON THE SITE
When you register with PFHA, you acknowledge that in using the Service to send electronic communications (including but not limited to email, search queries,sending messages to PFHA, uploading photos and files, and other Internet activities), you will be causing communications to be sent through PFHA's computer networks, which are located in the Commonwealth of Kentucky. As a result, and also as a result of PFHA's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, 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 United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
As a PFHA member, you may submit Content to the Service ("Content Submissions"). However, take note that the following terms and conditions apply to Content Submissions:
a. PFHA does not claim ownership of any Content Submissions you make available for inclusion on the Service. However, with respect to Content Submissions you make available for inclusion on publicly accessible areas of the Service, you grant PFHA the following worldwide,royalty-free and non-exclusive license(s), as applicable:
* With respect to Content Submissions consisting of graphics,audio, video or photos ("GAP-V Content"), that you make available for inclusion on publicly accessible areas of the Service, the fully sublicensable and transferable license to use, distribute, reproduce, modify, adapt, prepare derivative works of, publicly perform and publicly display such GAP-V Content the Service and in connection with PFHA's business. The licenses granted by you with respect to the GAP-V Content terminate within a commercially reasonable time after you remove or PFHA removes such GAP-V Content from the Service. You understand and agree, however, that PFHA may retain, but not display, distribute, or perform,server copies of any such GAP-V Content that has been removed from the Service.
* With respect to Content Submissions other than graphics,audio, photos or video ("Non-GAP-V Content"), that you make available for inclusion on publicly accessible areas of the Service, the perpetual,irrevocable and fully sublicensable and transferable license to use,distribute, reproduce, modify, adapt, publish, translate, prepare derivative works of, publicly perform and publicly display such Non-GAP-V Content on the Service and in connection with PFHA's business.
b. You shall be solely responsible for any Content Submissions and the consequences of posting or publishing them. In connection with any Content Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize PFHA and its Media Partners to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content Submissions to enable inclusion and use of the Content Submissions in the manner contemplated by PFHA pursuant to the TOS.
c. In connection with any Content Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PFHA all of the license rights granted herein.
d. You further agree that you will not make any Content Submissions that are contrary to applicable local, national, and international laws and regulations.
e. PFHA does not endorse any Content Submissions or any opinion,recommendation, or advice expressed therein, and PFHA expressly disclaims any and all liability in connection with such Content Submissions. PFHA does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and, with proper notification, PFHA will remove all Content Submissions that infringe on another's intellectual property rights. PFHA reserves the right to remove all Content Submissions without prior notice.
You agree to indemnify and hold PFHA and its subsidiaries,affiliates, officers, agents, employees, partners and licensors harmless fro many claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your PFHA Profile), use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that PFHA may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on PFHA's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that PFHA has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that PFHA reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that PFHA reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
PFHA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PFHA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that PFHA may, under certain circumstances and without prior notice,immediately terminate your PFHA account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) a request by you(self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your PFHA account includes(a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in PFHA's sole discretion and that PFHA shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that PFHA shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PFHA has no control over such sites and resources, you acknowledge and agree that PFHA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PFHA shall not be responsible or liable, directly or indirectly,for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Also, as a PFHA user, you further acknowledge and agree that you cannot publish links to external sites on your page unless you have a fully published site with a minimum of five articles,photos or videos.
17. PFHA'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") 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 Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by PFHA or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
PFHA grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software,including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by PFHA for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN"AS IS" AND "AS AVAILABLE" BASIS. PFHA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PFHA AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PFHA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION,CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PFHA AND ITS SUBSIDIARIES, AFFILIATES,OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PFHA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
21. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
PFHA may provide you with notices, including those regarding changes to theTOS, by email, regular mail or postings on the Service.
23. TRADEMARK INFORMATION
The following are trademarks and service marks of Paso Fino Horse Association,Inc. (the “PFHA Marks”): PFHA, Paso Fino Horse Association, the PFHA logo, pfha.org, marketplace.pfha.org, and all other PFHA logos and product and service names. Without PFHA’s prior permission, you agree not to display or use the PFHA Marks in any manner.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
PFHA respects the intellectual property of others, and we ask our users to do the same. PFHA may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the PFHA Team the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
PFHA can be reached at our corporate offices:
Paso Fino Horse Association, Inc.
4047 Iron Works Parkway, Suite 1
Lexington, KY 40511
By phone: (859) 825-6003
By email: firstname.lastname@example.org
25. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreementbetween you and PFHA and governs your use of the Service, superseding any prior agreements between you and PFHA with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PFHA services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and PFHA shall be governed by the laws of the Commonwealth of Kentucky without regard to its conflict of law provisions. You and PFHA agree to submit to the persona and exclusive jurisdiction of the courts located within the county of Fayette,Kentucky.
Waiver and Severability of Terms. The failure of PFHA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your PFHA account is non-transferable and any rights to your PFHA account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents there in permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Date of Last Revision: July 22, 2014