Horse Search
Navigation
Popular Breeds
User Agreement - Animaroo
This
Agreement ("Agreement") is by and between Animaroo.com ("Animaroo.com")
a Missouri Limited Liability Company and You, Your heirs,
agents, successors and assigns ("You"), and is made effective as of the
date of electronic execution. This Agreement sets forth the terms and
conditions of your use of the Animaroo.com website and the services of
pet selling and buying and the use of all Animaroo pet websites and
explains Animaroo's obligations to You and Your obligations to
Animaroo.com.
This Agreement along with any other or additional Animaroo.com
policies, together with any modifications that may be made hereto,
constitutes the complete and exclusive agreement between You and
Animaroo.com. This Agreement supersedes all prior proposals,
agreements, or other communications. All Animaroo.com policies and
agreements specific to use of the Animaroo.com website are incorporated
herein and are made part of this Agreement by reference.
You acknowledge that You have read, understood, and agree to be bound
by all terms and conditions of this Agreement and any other policies or
agreements made part of this Agreement by reference, as well as any
new, different or additional terms, conditions or policies which
Animaroo.com may establish from time to time, and any agreements that
Animaroo.com is currently bound by or will be bound by in the
future.
You understand and agree that Animaroo.com operates this website on a
commercial basis and that in consideration of your use of the site, you
agree that You are bound to the terms and conditions herein with regard
to your use of this website, and You agree to be bound as to any use
and/or transactions undertaken on your behalf by anyone acting as Your
Agent or otherwise using your account whether or not the transactions
were on Your behalf. You acknowledge that Animaroo.coms acceptance of
any request for price information and/or Animaroo.com ratification of
any contract related to the use of the web site will take and/or is
deemed to have taken place at Animaroo.com offices located in
Springfield, Missouri USA.
DEFINITIONS
a. Site refers to the website established and operated by
Animaroo.com.
b. Advertiser is an individual or corporation that posts an
advertisement on the Site for the purpose of advertising the sale,
adoption, or a wanted advertisement for a Horse or puppy or any other
animal or species of animal.
c. Seller is an Advertiser that purchased a subscription for listing or
services associated with Animaroo.com.
d. User is any individual or corporation that visits and uses the Site
in any manner.
e. Content refers to all information, data, text, photographs,
graphics, images, messages or other materials posted by an Advertiser,
Seller or User on the Site.
f. Buyer is a User of the Site that contacts an Advertiser or Seller
with the intent to purchase a Horse or puppy or any other breed or
species of animal offered at Animaroo.com.
g. Member is any User that registers with the Site.
The following additional terms and conditions apply:
1. TERM OF AGREEMENT AND
MODIFICATION
You agree that Animaroo.com may modify this Agreement at any time and
You agree to be bound by all changes that Animaroo.com may reasonably
make hereto. If You conduct a transaction with Animaroo.com the term of
this Agreement shall continue in full force and effect as long as You
use and/or take advantage of the subject of that transaction.
2.
SERVICES PROVIDED
Animaroo.com provides individuals and business in the business of
selling and auctioning (no Horse auctions are permitted) Horses and
other species of animals an advertising forum as well as other
advertising materials and opportunities. Advertisers, Sellers, Buyers
and Users agree that Animaroo.com may at any time change or modify the
services provided by the Site as described in this Section 2.
3. USER FEES
The following uses of the Site are free: advertising Horses or puppies
for wanted advertisements, browsing for sale, wanted listings;
contacting a Seller. Buyers do not pay any fees to Animaroo.com. All
buyer fees are associated with purchasing a Horse or puppy and should
be directed toward the specific breeder you are purchasing from. Fees
for Sellers are as follows: advertising for sale advertisements are
Twenty Dollars ($20.00) on a thirty day basis; listing in the Breeder
Directory is Fifty Dollars ($50.00) for a six month listing and
One-Hundres Dollars ($100.00) for a yearly listing. Fees for Sellers
purchasing a website are Thirty-Eight Dollars and Ninety-Nine Cents
($38.99) for thirty days of service. All website purchasers will
receive unlimited advertising at no additional cost each month as part
of their ($38.99) monthly fees. All website service cancellations must
be done prior to 24 hours of the billing date. If the subscriber fails
to cancel their account prior to 24 hours of the next re occurrence,
they will be billed and no refund will be issued. Animaroo.com may
change the fees at any time. All fee changes are effective immediately
when posted to the Site with or without prior notice to you the user.
When You subscribes to the service, You have the opportunity to review
and accept the fees that will be charged for the use of Animaroo.com.
On the user agreement under "User Fees": Promotions may be ran from
time to time offering subscriptions services at a discounted rate,
regular rate with free amenities or add on offers. All promotional
rates or add on features are set for a limited time. All memberships
purchased under a promotional rate will be increased to the regular
rate of $35.99 once the promotional rate is over. All subscriptions
come with unlimited listings and a website. Rates are always subject to
change.
4. REPRESENTATIONS AND SITE USE
You, or the individuals who electronically agree to this Agreement on
your behalf represent and warrant that they have the right, power,
legal capacity and appropriate authority to enter into this Agreement.
You represent and warrant that You are 18 years of age or older, or
that You have an agent authorized by law to represent You who is 18
years of age or older who is entering into this Agreement on Your
behalf. You agree to provide true, accurate, current and complete
information about yourself as requested in the "Membership Data"
request form and will update information on an as needed basis. If you
provide any information that is untrue, inaccurate, not current or
incomplete or Animaroo.com has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, your
membership may be suspend or terminated.
Animaroo.com expressly reserves the right to deny transactions with any
person if in its sole discretion it determines that such transaction
would conflict with any applicable laws, government rules or
requirements, requests of law enforcement, dispute resolution process,
or to avoid any liability, civil or criminal, on the part of
Animaroo.com, as well as its affiliates, subsidiaries, officers,
directors and employees.
You affirm that you will not use Animaroo.com for any purpose that is
unlawful or prohibited by this Agreement.
5. ACCOUNT, PASSWORD AND SECURITY
You will be assigned an account after completing the membership
process. You are responsible for maintaining the confidentiality of
your account and password, and are responsible for all account
activity. You agree to (a) immediately notify Animaroo.com of any
unauthorized use of your account or any other unauthorized use of your
account, and (b) ensure that you exit from your account at the end of
each session. Animaroo.com is not liable for any loss or damage arising
from any unauthorized use of your account.
6. CONDUCT
You agree that Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from which such
Content originated. You are entirely responsible for all Content that
you upload, post, email, transmit or otherwise make available via the
Site. Animaroo.com does not control the Content posted via the Site
and, as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Site, you may be exposed
to Content that is offensive, indecent or objectionable. Animaroo.com
is not liable in any way for the Content, including, but not limited
to, any errors or omissions in Content, or any loss or damage incurred
as a result of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service. You warrant that each action
You make is being done so in good faith and that You have no knowledge
of it infringing upon or conflicting with the legal rights of a third
party or a third party's trademark or trade name.
7.
PROHIBITED MEMBER ACTIVITIES
You agree not to:
a. Post, upload, email or otherwise transmit any Content or material
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
disruptive to the site, hateful, or racially, ethnically or otherwise
objectionable;
b. Post, upload, email, hyperlink or otherwise transmit any Content or
material that is unlawful, harmful, threatening, abusive, harassing,
tortuous, or hateful, ethnically or otherwise objectionable to
animals;
c. harm minors in any way;
d. impersonate any person or entity, including, but not limited to, a
Animaroo.com official, forum moderator, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
e. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Site;
f. post, upload, email or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation
except as otherwise expressly authorized by Animaroo.com;
g. post, upload, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law or
under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
h. post, upload, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
i. post, upload, email, transmit or otherwise make available any
material that contains viruses, files or programs designed to
interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment;
j. disrupt the normal flow of dialogue or otherwise act in a manner
that negatively affects other users ability to engage in real time
exchanges;
k. interfere with or disrupt the Site or servers or networks connected
to the Site, or disobey any requirements, procedures, policies or
regulations of networks connected to the Site;
l. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange Commission,
any rules of any national or other securities exchange, including,
without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of
law;
m. "stalk" or otherwise harass another user;
n. collect or store personal data about other users;
o. advertise pet products or anything other than a Horse in the Horse
For Sale/Wanted sections.
Animaroo.com does not screen Content, but has the right (but not the
obligation) in its sole discretion to amend any Content that is located
on the Site. Without limiting the foregoing, Animaroo.com shall have
the right to remove Content that violates this Agreement or is
otherwise objectionable. You agree that You bear the risks associated
with the use of any Content, including reliance on the accuracy, its
completeness, or usefulness of such Content. You acknowledge that you
may not rely on any Content created by Animaroo.com or submitted to
Animaroo.com, including without limitation information on
Animaroo.com.
You agree that Animaroo.com may preserve Content and may disclose
Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply
with any legal process; (b) enforce this Agreement; (c) respond to
claims that Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of Animaroo.com, its
users or the public. Without limiting any other remedies, Animaroo.com
may suspend or terminate your account if You are found (by conviction,
settlement, insurance or escrow investigation, or otherwise) to have
engaged in fraudulent activity in connection with Animaroo.com. You
agree that the technical processing and transmission of the Site,
including your Content, may involve (a) transmissions over various
networks; and (b) changes to the Content to conform and adapt to
technical requirements of the networks or devices.
8. ACCESS RESTRICTION
Animaroo.com may, in its sole discretion, deny any user access to the
Site or any portion of the Site without notice.
9.
ANIMAROO.COM LIABILITY AND DISCLOSURES
9.1 Overview. The Site acts as an electronic venue for communication
between potential buyers and sellers of puppies and Horses .
Animaroo.com is not a party to the transaction between buyers and
sellers and does not guaranty any portion of the transaction.
Animaroo.com does not control the listing by Advertisers including, but
not limited to, the truth or accuracy of the listing, the capability of
Advertisers to comply with the terms of the transaction, the ability of
buyers to complete the transaction, or feedback posted on the Site
regarding the buyer or seller. Listings, feedback or any other material
posted on the Site do not imply an endorsement by Animaroo.com.
9.2 Release. In the event a dispute arises between Users of the Site,
You release Animaroo.com, its officers, directors, agents, subsidiaries
and employees, from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any
way connected with such dispute. If you are a California resident, you
waive California Civil Code 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."
You acknowledge and agree that communications and transmission to and
from Animaroo.com Site are not confidential. There is no confidential,
fiduciary, contractually implied or other relationship created between
you and Animaroo.com. You agree that no joint venture, partnership,
employment or agency relationship exists between you and Animaroo.com
as a result of this Agreement or use of its Site. Topics posted on the
Site's Community and Breeder Only Forums do not imply endorsement by
the Site; they are the views of the original poster. The Site will
remove feedback and comments if it violates the terms stated in Section
9.3. All individuals or business that post any statement or
advertisement on the Site are legally responsible for their comments
and any damages related thereto. Under federal law (the Communications
Decency Act), because the Site does not censor feedback or investigate
it for accuracy, the Site is not legally responsible for the remarks
that members post, even if those remarks are defamatory. This law does
not protect the person who leaves the feedback from responsibility for
it.
9.3 Listing, Community & Breeders Only Feedback Policies. Feedback
and/or a Forum Post ("Feedback") may be removed as stated below if:
-
The Site is ordered by a court of law to Remove the Feedback from the Site.
-
The Feedback contains profane, vulgar, obscene, or racist language or adult material as determined by Animaroo.com.
-
The Feedback contains personal identifying information, including, but not limited to, real name, address, phone number, or e-mail address.
-
The Feedback contains scripts.
-
Feedback left by an ineligible participant to the Site.
-
Feedback left by an individual who did not provide accurate contact information to Animaroo.com.
-
Feedback posted by users who are suspended.
9.4 Ownership of Information By
submitting Content to Animaroo.com You grant Animaroo.com the
world-wide, royalty free and non-exclusive license(s) to make available
for the inclusion on the publicly accessible Site the Content you
submit and agree Animaroo.com has the right to distribute, reproduce,
modify, adapt, publicly perform and publicly display such Content on
its Site solely for the purpose of promoting Animaroo.com for any
period of time that such Content is provided to the Site by You or
Animaroo.com removes such Content from the Site.
If other information is submitted to the Site other than Content You
agree that Animaroo.com may make it publicly accessible on the Site,
and provide it with the perpetual, irrevocable and fully license to
use, distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such information (in whole or in part) and
to incorporate such information into other works in any format or
medium now known or later developed.
"Publicly accessible" is defined as areas of the Site that are intended
by Animaroo.com to be available to the general public. However,
publicly accessible areas of the Site do not include portions of the
Site that are intended for private communication between the user and
Animaroo.com.
10.
INDEMNITY
You agree to defend, indemnify and hold harmless Animaroo.com, its
parents, subsidiaries, successors, assigns, attorneys, contractors,
agents, employees, officers, directors, shareholders, and affiliates
from any loss, liability, damages or expense, including reasonable
attorneys fees, resulting from any third party claim, action,
proceeding or demand related to your use (including Your agents
affiliates, or anyone acting on your behalf) of the Site and/or any
Horse or puppy that you may purchase through the Site. You agree to
indemnify and hold Animaroo.com harmless from any loss, liability,
damages or expense, including reasonable attorneys fees, arising out of
any breach of any representation or warranty provided herein, any
negligence or willful misconduct by You, or any allegation that You
have infringed a third person's copyright, trademark or proprietary or
intellectual property right, or misappropriates a third person's trade
secrets. This indemnification is in addition to any indemnification
required of You elsewhere. Should Animaroo.com be notified of a pending
law suit, or receive notice of the filing of a law suit, Animaroo.com
may seek a written confirmation from You concerning Your obligation to
indemnify Animaroo.com. Your failure to provide such a confirmation may
be considered a breach of this Agreement.
You agree that Animaroo.com shall have the right to participate in the
defense of any such claim through counsel of its own choosing. You
agree to notify Animaroo.com of any such claim promptly in writing and
to allow Animaroo.com to control the proceedings.
You agree to cooperate fully with Animaroo.com during such proceedings.
You agree You will not be entitled to a refund of any fees paid to
Animaroo.com if, for any reason, Animaroo.com takes corrective action
with respect to Your improper or illegal use of its Site.
Comments posted on the Site's Community and Breeders Only Forums do not
imply endorsement by the Site, they are the sole expressed views of the
original poster. You agree to indemnify and hold the Company, and its
subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any and all claims, losses,
damages, liabilities, costs and expenses (including reasonable
attorney's fees) which arise out of negative comments posted on the
forum.
11. PERSONAL AND NON-COMMERCIAL USE
You agree not to resell Your account with the Company. You agree not to
reproduce, modify, distribute, publish, transmit, license, display,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Site, use of the Site, or access to the Site.
12. GENERAL PRACTICES REGARDING USE AND
STORAGE
You acknowledge that Animaroo.com may establish general practices and
limits on the use of Site, including, but not limited to, the number of
days an email message or other uploaded Content will be retained, the
number of email messages that may be sent or received, the size of an
email message sent or received, the disk space that will be allotted on
the Company's servers, and the number of times (and the duration for
which) you may access the Site or your Animaroo website in a given
period of time. You agree that Animaroo.com has no responsibility or
liability for the deletion or failure to store any messages and
communications or Content maintained or transmitted by the Site or your
Animaroo website. You acknowledge that Animaroo.com reserves the right
to suspend or terminate accounts that are inactive for an extended
period of time. You further acknowledge that Animaroo.com reserves the
right to change these general practices and limits at any time, in its
sole discretion, with or without notice.
13.
USE OF INFORMATION
The Member\'s information ("Your Information") is information provided
during the registration, the listing process or Horse Website purchase
process, email or gathered in monitoring your usage of Animaroo.com
Site. You are solely responsible for Your Information, and we act as a
passive conduit for your online distribution and publication of Your
Information. It is Animaroo.com policy to take reasonable measures to
respect the privacy of Animaroo.com users. Animaroo.com will take
reasonable measures to not disclose the contents of your communications
unless required to do so by law or in the good faith belief that such
action is reasonably necessary to: (i) conform to the edicts of the law
or comply with legal process served on Animaroo.com website; (ii)
protect and defend the rights or property of Animaroo.com, enforce or
further the application or intent of the terms of this Agreement; or
(iii) act to protect the personal safety of Animaroo.com participants
or the public.
From time to time, Animaroo.com may make our database of Your
Information available to other parties for promotions or solicitations
of their goods or services that may be of interest to Animaroo.com
users. Accepting this Agreement, you expressly consent to such
disclosure. Please note that Animaroo.com maintains the right to send
you periodic updates as Animaroo.com deems necessary. If you provide
any information to other parties, or any other sites you encounter on
Animaroo.com or the Internet, different rules may apply to their use or
disclosure of the personal information you disclose to them. We may,
however, use and disclose general data and/or statistical data that
includes data about you and/or your listings in order to provide better
service to you and other users, among other reasons.
Your Information: (a) shall not be false, inaccurate or misleading; (b)
shall not be fraudulent or involve the sale of illegal or stolen items;
(c) shall not infringe any third party\'s copyright, patent, trademark,
trade secret or other proprietary rights or rights of publicity or
privacy; (d) shall not violate any law, statute, ordinance or
regulation (including without limitation those governing export
control, consumer protection, unfair competition, anti discrimination
or false advertising); (e) shall not be defamatory, trade libelous,
unlawfully threatening or unlawfully harassing; (g) shall not contain
any viruses, or other computer programming routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (h) shall not
threaten Animaroo.com use of its ISPs or other suppliers; and (i) shall
not link directly or indirectly to or include descriptions of goods or
services that: are prohibited under this Agreement or cause
Animaroo.com to violate any applicable law, statute, ordinance or
regulation.
The privacy policy is a part of the User agreement. Please read the
privacy policy.
14. USE OF MESSAGES
Posting a message or engaging in other communication on the Site,
grants Animaroo.com a perpetual, worldwide, irrevocable, non-exclusive,
royalty-free license to use, download, copy, reproduce, modify,
distribute, publish, transmit, transfer, sell, license, display,
perform, adapt or otherwise exploit such communication in all media now
known or hereafter devised. You waive all rights to any claim against
the Animaroo.com for any alleged or actual infringement of any
proprietary, privacy, publicity, moral or attribution rights in
connection with such communication.
15. TERMINATION OR BREACH
You agree that Animaroo.com, in its sole discretion, may terminate your
account (or any part thereof) or Your use of the Site and your Animaroo
website, and remove and discard any Content on the Site, for any
reason, including, but not limited to, lack of use or if Animaroo.com
determines You violated or acted inconsistently with this Agreement. If
Animaroo.com determines You breached this Agreement it reserves the
right to suspend, and/or terminate your listing and/or account without
issuing a refund or notice. Animaroo.com may in its sole discretion and
at any time discontinue providing the Site and Animaroo website, or any
part thereof, with or without notice. You agree that any termination of
your access to the Site or Your Animaroo website under any provision of
this Agreement may be effected without prior notice, and acknowledge
and agree that Animaroo.com may immediately deactivate or delete your
account and all related information and files in your account including
all of Your Animaroo website content and materials and/or bar any
further access to such files or the Site. Further, you agree that
Animaroo.com shall not be liable to you or any third-party for any
termination of your access to the Site or your Animaroo website
usage.
16. LINKS
The Site may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Animaroo.com has no control
over such sites and resources, you acknowledge and agree that
Animaroo.com 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 agree that
Animaroo.com 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.
17. ANTI-SPAM POLICY
Spam is email that is sent against the wishes of the recipient. There
are two kinds. The first kind of spam concerns individuals who email
people that they don't know personally. The second type of spam is sent
by organizations to individuals who have not expressed a desire to
receive such communications. Animaroo.com regards both kinds of spam as
inappropriate.
Animaroo.com has zero tolerance for spam. Spam complaints will be dealt
with seriously and can result in losing Animaroo.com privileges such as
loss of referral credits and even loss of a customer's account. Users
are forbidden to send spam on Animaroo.com behalf.
For questions about our spam policy or any spam-related issues, please
email us at spam-support@animaroo.com.
18. Animaroo.com, L.L.C. PROPRIETARY RIGHTS
You acknowledge and agree that the Site and all software used in
connection with the Site ("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 Site or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Animaroo.com or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works
based on the Site or the Software, in whole or in part.
Animaroo.com 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 of, 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, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Site. You agree not to access the Site by
any means other than through the interface that is provided by the
Animaroo.com for use in accessing the Site or your Animaroo
website.
19. DISCLAIMER OF WARRANTIES
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. ANIMAROO.COM EXPRESSLY DISCLAIMS
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. ANIMAROO.COM MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR
REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE 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
SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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 ANIMAROO.COM OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE AGREEMENT.
20. ASSIGNMENT
Animaroo.com has the right to transfer or assign this Agreement and the
rights hereunder to any other person or entity without your consent.
You cannot assign or transfer this Agreement or any rights hereunder to
any other person or entity. Subject to the foregoing, this Agreement
will be binding upon and will inure to the benefit of the successors
and assigns of the parties hereto.
21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANIMAROO.COM SHALL NOT BE
LIABLE 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 THE
ANIMAROO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (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 SITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY
OTHER MATTER RELATING TO THE SITE.
22. NOTICE
Notices to you may be made via either email or regular mail. The Site
may also provide notices of changes to the Agreement or other matters
by displaying notices or links to notices to you generally on the
Site.
23. COPYRIGHT AND TRADEMARK NOTICES
All contents of the Site are Copyright © Animaroo.com,
L.L.C., and/or its suppliers. All rights reserved. Animaroo.com,
L.L.C., the Animaroo.com, L.L.C. logo, trademarks and service marks,
and other Animaroo.com, L.L.C. logos and product and service names are
trademarks of Animaroo.com, L.L.C. (the "Animaroo.com, L.L.C. Marks").
Without Animaroo.com, L.L.C. prior permission, you agree not to display
or use in any manner, the Animaroo.com, L.L.C. Marks.
24. GENERAL INFORMATION
This Agreement constitutes the entire agreement between You and
Animaroo.com and governs your use of the Site, superseding any prior
agreements between You and Animaroo.com. You also may be subject to
additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The failure of
Animaroo.com to exercise or enforce any right or provision of this
Agreement shall not constitute a waiver of such right or provision. If
any provision of this Agreement 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 this Agreement
remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of act arising out
of or related to use of the Site or this Agreement must be filed within
one (1) year after such claim or cause of act arose or be forever
barred.
This Agreement contains the entire understanding and agreement of the
parties with respect to the use of this Web site. It supersedes all
prior oral or written understandings and agreements relating to use of
this Site. Animaroo.com' waiver of any provision of this Agreement
shall not be deemed to waive it for the future.
The section titles in this Agreement are for convenience only and have
no legal or contractual effect.
Animaroo.com reserves the right to make changes to this policy as
deemed necessary and without notice. Always refer to this page for the
latest terms of service and Animaroo.com policies.
25. VIOLATIONS
Please report any violations of this Agreement to our Customer
Service.
26. SAFETY RULES AND DISCLOSURES
(a) Animaroo.com may add, delete, or modify some or all of the safety
rules at any time. Animaroo.com does not control the actual transaction
between Buyer and Seller. Accordingly, it does not set or endorse: (i)
the price, contract terms, quality, conformance or legality of the sale
or advertisement. It cannot and does not control whether any Seller
will complete the sale they offer. It is not responsible for any
transaction and/or contact, or the result of any such transaction
and/or contact made by and between Sellers and Buyers.
You expressly acknowledge that Animaroo.com is not acting in a
fiduciary capacity for either Buyer or Seller.
No Buyer or Seller shall be considered an employee, agent, partner or
joint venturer of Animaroo.com and Animaroo.com shall not be considered
the employer, agent, partner or joint venturer of any Buyer or
Seller.
You agree and understand that Animaroo.com is simply acting as a
marketplace to Sellers and Buyers respectively.
All limitations and waivers that are applicable for this Agreement apply to this section as well.
27. SELLER AGREEMENTS
The Seller agrees as follows:
-
Seller agrees to comply with filing requirements and will process all payments in accordance with the Site. Sellers will in addition make appropriate and significant efforts to update all billing information and resolve all unprocessed or declined payments in an expedited manner to maintain service.
28.
BUYER NOTICES
Buyer understands that traditionally a transaction is not completed
with a breeder or a formal contract until a deposit has been paid.
Until a deposit has been paid, Buyer agrees that Seller may sell the
Horse or puppy to any other interested Buyer. This is stated here to
warn Buyers of traditional practices in order to avoid confusion in the
marketplace.
Buyer understands the even though it has contacted Seller of an
interest to purchase a Horse or puppy, that Seller is not required to
respond to said offer and that said offer does not constitute a
contract with the breeder or Animaroo.com
Follow Us
