2. Liverystable.net acts as classified advertising for listing horses and other items for sale online, and is solely a convenience for sellers and buyers to exchange information. Liverystable.net is not involved in the actual transaction between buyers and sellers; therefore, in the event that you have a dispute with one or more users, you release Liverystable.net and its owners, agents, subsidiaries and employees from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes. Any incidents of fraud may be reported to the Internet Fraud Complaint Center and your local authorities. Liverystable.net provides users access to resources including various communication tools and forums, personalized content, shopping and classified services, and instructional/informational articles. Liverystable.net may include advertisements, service announcements, administrative messages, advertising partner messages, and newsletters. By using Liverystable.net, you understand and agree that these communications are considered to be part of Liverystable.net membership and are necessary for Liverystable.net to provide service.
3. Liverystable.net requires you to register to become a member and use its services. To obtain access to certain Liverystable.net services, you will be given an opportunity to register with Liverystable.net, and will select a user name and a password. In consideration of your use of the services of Liverystable.net, 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 registration form 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 Liverystable.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Liverystable.net has the right to suspend or terminate your account and refuse any and all current or future use of the services provided. If you allow your child to access your Liverystable.net account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children using the Liverystable.net account. By allowing a child to use your account, you also give your child permission to access all of the services including e-mail, message boards, and/or chat. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and/or content are appropriate for your child. Upon registration with Liverystable.net, you will receive a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities, whether authorized by you or not, that occur under your password or account. You agree to (a) immediately notify Liverystable.net 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. Liverystable.net shall not be liable for any loss or damage arising from your failure to comply with this, including, but not limited to, any unauthorized use.
4. As a member of Liverystable.net, you are subject to these rules of conduct, and will be blocked from using its services if you violate them. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (hereinbefore and after referred to as “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 Liverystable.net, are entirely responsible for all content that you upload, post, e-mail, transmit, or otherwise make available via the website. Liverystable.net does not control the content posted, nor do we 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 Liverystable.net be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the website. Liverystable.net shall have the right (but not the obligation) to refuse, delete, move, or edit any content that is available through the service, for violating the letter or the spirit of the Terms of Service, or for any other reason.
You agree to not use Liverystable.net to: • upload, post, e-mail, transmit, or otherwise make available any content that is unlawful, harmful, threatening, pornographic, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable; • harm minors in any way; • impersonate any person or entity, including, but not limited to, a Liverystable.net official, forum leader, guide, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; • forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the website; • upload, post, e-mail, transmit, or otherwise make available any content that you do not have a right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); • upload, post, e-mail, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; • upload, post, e-mail, 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 (such as classifieds) that are designated for such purpose; this includes information sent to Liverystable.net users through any method, such as email, links to other websites, etc.; post irrelevant or non-local content, repeatedly post the same or similar content or otherwise impose an unreasonable load on our infrastructure; • upload, post, e-mail, 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; • interfere with or disrupt the website or servers or networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website; • “stalk” or otherwise harass another user; collect or store personal data about other users; include personal information about another individual without that individual’s explicit consent; • use any automated means to access data from the service; or attempt to gain unauthorized access to Liverystable.net’s systems or do anything that alters the functionality of the website.
Liverystable.net shall have the right (but not the obligation) to refuse to publish, edit, or remove any content that is available via the website. Without limiting the foregoing, Liverystable.net shall have the right to remove any content that violates any provision of the Terms of Service, or is otherwise objectionable. If you see any harmful content on Liverystable.net, please notify us. We will, in our sole discretion, remove any content deemed malicious, scandalous, harmful, or inconsistent with the integrity and prestige of our service. If you see a possible stolen or missing horse listed on our site for sale, please contact us and it will be removed as soon as possible after verification of claim has been received from an appropriate authority. Please report any violations of the Terms of Service to us.
5. You agree to the following terms for listing and selling horses, other animals, items, or products on Liverystable.net. A seller’s listing may only include text descriptions, graphics, and other content relevant to the sale of the animal or item. Sellers must be legally able to sell the animal(s) they list for sale. Each seller is solely responsible for the content it posts through Liverystable.net. By listing an animal herein, the seller represents that the criteria concerning the age, pedigree, size, and other characteristics of the animal are true and the seller further warrants and represents that he, she, or it is the legal owner of the animal, or otherwise has authority to sell the animal as an authorized agent. The seller further agrees that statements of opinion concerning the animal are reasonably based. You agree to pay, in advance, all amounts or fees owed to Liverystable.net for the placement of your ad. Depending on the type of ad purchased, upon Liverystable.net’s receipt of all amounts or fees owed for the selected ad, you will have the right to upload a photo or photos with your ad. You shall have the responsibility of providing and uploading your photo(s), and the photo upload shall comply with all requirements and procedures set forth by Liverystable.net. In the event that you do not upload a photo with your ad, for any reason whatsoever, you shall retain the right, but not the obligation, to upload a photo for the duration of that ad. (For instance, if you select an ad format of one-photo for three months, you will be charged for a one-photo ad whether or not you upload a photo with it. You will then have three months in which to upload a photo for that ad. Your right to upload a photo expires at the end of the three month period, which was the duration of the ad you purchased.) The right to place a photo may not be transferred to any other ad or to any other person without the express written consent of Liverystable.net. Liverystable.net is not responsible for photos lost or damaged in the mail. Photo(s) will remain on the ad until the horse is sold, removed by the owner, requested to be removed by the buyer, or purchased duration of ad has passed—whichever comes FIRST. We reserve the right to delete or mark as sold ads upon request of the buyer without notice to the seller. All fees paid are non-refundable. All advertisement listings are subject to reasonable editorial changes or deletion to maintain the integrity and prestige of our service. Liverystable.net reserves the right to remove any advertisement that is fraudulent, offensive, indecent, or objectionable. Liverystable.net is not responsible for typographical errors or accidental errors appearing on the service. You are responsible to proofread your ad and confirm that correct photos are appearing on ads. If you provide contact information for people interested in your horse(s), products, or services, Liverystable.net is not responsible for any misuse of this information. It is your responsibility to remove your ad from Liverystable.net service upon sale or transfer. Liverystable.net is not responsible for violations created or caused by service users and/or customers. Potential violations include, but are not limited to: copyright, trademark, trade names, patents, or other violations of any local, state, federal, or international laws. Our customers are solely responsible for obtaining express permission from professional photographers to display images on our site. If we are informed of copyright violations created by our customers, we will remove the disputed image(s) from our website without refund or prior notice to the offender. We suggest that you report any incidents of fraud to the Internet Fraud Complaint Center and your local authorities. Subject to court order or law enforcement directions Liverystable.net reserves the right to remove or not remove an ad based on the accusation of fraud.
6. Liverystable.net does not guarantee the sale of your horse, your horse’s services, your products, or your services or any other animal, product, or service advertised on Liverystable.net’s site. Liverystable.net does not guarantee the owner/seller’s services, representations, or any horse’s performance or fitness for a particular purpose. In addition, Liverystable.net strongly recommends that a pre-purchase exam should be performed by the buyer’s equine veterinarian of choice, on any horse prior to purchase. Liverystable.net does not guarantee or warrant the performance of any person or entity advertising on the site. Liverystable.net does not control the content posted and, as such, does not guarantee the accuracy or quality of such content. Liverystable.net does not insure the receipt of your purchases from third parties.
7. You agree that you have evaluated the risks of using the service. Risks include, but are not limited to misuse of your information by third parties, damage to your computer or system through the use of the service, and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. As a result, you agree to assume all risks associated with the use of any content. In this regard, you acknowledge that you may not rely on any content created by Liverystable.net. You acknowledge, consent, and agree that Liverystable.net by access, preserve, and disclose your account information and content if required to do so by law or Liverystable.net reasonably believes in good faith that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Service; (c) respond to claims that any content violates the right of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Liverystable.net, 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 website and software embodied within the website may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Liverystable.net and/or content providers who provide content to the website. You may not attempt to override or circumvent any of the usage rules embedded in the website. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the website, in whole or in part, is strictly prohibited.
You expressly understand and agree that: • Your use of Liverystable.net is at your sole risk. The website is provided on an “as is” and “as available” basis. Liverystable.net expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. • Liverystable.net makes no warranty that (1) the service will meet your requirements, (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (5) any errors in the software will be corrected. • Any material downloaded and otherwise obtained through the use of Liverystable.net is done 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. • No advice or information, whether oral or written, obtained by you from Liverystable.net or through or from the website shall create any warranty not expressly stated in the Terms of Service. • A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using Liverystable.net. 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.
8. Liverystable.net, its agents, officers, employees, successors, assigns, or licensors shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the website, and shall not be responsible or liable for any decisions made based on such information. Liverystable.net is provided for informational purposes only. By making use of this information and/or any referred-linked websites or any of the information that they contain, you hereby agree to the following:
You expressly understand and agree that Liverystable.net, its officers, employees, agents, successor and assigns, 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 Liverystable.net has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the website; (b) 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 website; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the website; or (e) any other matter relating to the website. 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 may not apply to you.
RELEASE and WAIVER: When following the advice found on Liverystable.net website or other referred-linked sites, you agree to release everyone involved with this site, or others referred, from all claims of and liability for, damage, death, injury, or loss related in any way to Liverystable.net. You agree to indemnify fully Liverystable.net from all claims of, and liability for, damage, death, injury, or loss to others with whom you share Liverystable.net information. You agree to assume the risk of your own horse activities. You understand that horse riding, training, and handling is a high-risk sport and endeavor, and you are participating and/or allowing trainer instructional participation at your own risk and/or trainer’s own risk.
You HEREBY RELEASE trainer Kevin Wescott, his family and heirs, from all claims, demands, action, or cause of action of any kind or nature whatsoever, whether now known or ascertained, or which may hereafter develop or accrue you in favor of yourself, representatives or dependents, on account of or by reason of any injury, loss, or damage, which may be suffered by you or them, or to any horse or property, animate or inanimate, belonging to you or used by you, because of any matter, thing or condition, negligence or default whatsoever and you hereby assume and accept full risk of danger or any hurt, injury or damage which may occur through or by any person whatsoever.
You agree to indemnify and hold Liverystable.net, its subsidiaries, affiliates, officers, agents, co-branders, or other partners and employees harmless against and with respect to any action, suit, proceeding, demand, assessment, judgment, loss, cost, liability, damage, or expense, including attorney’s fees and court costs, now existing or hereafter arising a s a proximate result of content you submit, post, transmit, or make available through the website, your use of the website, your connection to the website, your violation of the Terms of Service, or violation of any international, federal, state, or local treaty, statute, law, and/or regulation relating to your use of Liverystable.net.
You acknowledge that Liverystable.net may establish general practices and limits concerning use of the website, including without limitation the maximum number of times (and the maximum duration for which) you may access the website in a given period of time. You agree that Liverystable.net 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 website. You acknowledge that Liverystable.net reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Liverystable.net reserves the right to modify these general practices and limits as we so choose.
Liverystable.net reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. You agree that Liverystable.net shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the website. Liverystable.net may provide you with notices, including those regarding changes to the Terms of Service, by either e-mail, regular mail, or postings on the website.
You agree that Liverystable.net may, under certain circumstances and without prior notice, immediately terminate your Liverystable.net account, any associated content, and access to the website. Grounds for such termination shall include, but shall not be limited to, (a) breach or violations of the Terms of Service 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 website (or any part thereof), (e) unexpected technical or security issues or problems, and/or (f) extended periods of inactivity, (g) failure to pay for the service, and (h) violations of any law, statute, treaty, or rule pertaining to your use or connection to the website. Termination of your Liverystable.net account includes (a) removal of access to all offerings within the website, (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 further use of the website. Further, you agree that all terminations for cause shall be made in Liverystable.net’s sole discretion and that Liverystable.net shall not be liable to you or any third-party for any termination of your account, any associated e-mail address, or access to the website.
Your correspondence or business dealings with, or participation in promotions with, advertisers found on or through the website, including payment and delivery 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 Liverystable.net 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 website. Liverystable.net may provide or third parties may provide links to other websites or resources. Because Liverystable.net has no control over such sites and resources, you acknowledge and agree that Liverystable.net 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 Liverystable.net 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.
In order to use some of the services of this website, a user must first complete the registration form. During registration, a user is required to give their contact information (such as name and e-mail address). This information is used to contact the user about the services on our site for which they have expressed interest. Please note that the owner’s e-mail address and contact phone number will be displayed to our users.
We request information from the user on our order form. Here a user must provide contact information (such as name and billing address) and financial information (such as credit card number and expiration date). This information is used for billing purposes and to fill customer’s orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
We may share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person. We use a credit card processing company to bill users for goods and services. These companies do not retain, share, store, or use personally identifiable information for any secondary purposes. We may partner with another party to provide specific services. When the user signs up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
This web site contains links to other sites. Please be aware that Liverystable.net is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each website that collects personally identifiable information. This privacy statement applies solely to the information collected by this website.
We may send all new members a welcome e-mail to verify password and username. Established members may receive newsletters or information on products, services, special deals, or promotions. Out of respect for the privacy of our users we present the option to not receive these types of communications. Users may unsubscribe when they receive these communications, or they may send an e-mail to firstname.lastname@example.org to have their e-mail address removed from our database. Please note that by using our service and posting classified ads, users will receive e-mails from parties interested in the horse, product, or service that the user is advertising.
10. Liverystable.net reserves the proprietary rights and trademarks of its website and the content submitted for inclusion on the website. You acknowledge and agree that the Liverystable.net website and any necessary software used in connection with the website 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 website or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Liverystable.net or advertisers, you agree not to use, modify, rent, lease, loan, sell, distribute, or create derivative works based on the website or the software, in whole or in part.
The Liverystable.net logo, “Liverystable.net” trademarks and service marks and other graphics and product and service names are trademarks of Liverystable.net. Without Liverystable.net’s prior written permission, you agree not to display or use in any manner, the Liverystable.net logo, trademarks, or service marks. Permission is granted to display, copy, share, and download the Liverystable.net website content for personal, noncommercial use only, provided you do not copy materials and that you retain all copyright and other proprietary notices contained in the materials. You may not distribute, copy, reproduce, display, republish, or transmit any material on the Liverystable.net website for commercial use without prior permission in writing from Liverystable.net. Any unauthorized use of any material contained on Liverystable.net may violate copyright or trademark laws.
Liverystable.net does not claim ownership of any content you submit or make available for inclusion on the website. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the website, you grant Liverystable.net the following world-wide, royalty free, and non-exclusive license(s), as applicable: The license to use, distribute, reproduce, modify, adapt, publish, publicly perform, and publicly display such content on the website solely for the purposes of providing and promoting Liverystable.net to which such content was submitted or made available. This license exists in perpetuity. “Publicly accessible” areas of the website are those areas of the Liverystable.net network of properties that are intended by Liverystable.net to be available to the general public. You will not use Liverystable.net to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to Liverystable.net, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner. By submitting material to Liverystable.net, you are permanently granting Liverystable.net all rights to the material, including the right to modify the material, to use it commercially, and to maintain the material in an archive.
You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purposes, any portion of the website, use of the website, or access to the website. You may create content on behalf of another so long as they have agreed to all site terms. You may not present yourself as a representative of Liverystable.net or represent Liverystable.net in any way.
11. You also agree to the following terms regarding legal actions concerning Liverystable.net:
The Terms of Service constitute the entire agreement between you and Liverystable.net and governs your use of the website, superseding any prior agreements between you and Liverystable.net. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Liverystable.net services, affiliate services, or third-party content.
The Terms of Service and the relationship between you and Liverystable.net shall be governed by the laws of the State of Iowa without regard to its conflict of law provisions.
You agree to submit any dispute arising out of this Agreement to binding Arbitration. Either party may submit any dispute arising out of the terms of this Agreement to binding arbitration administered by the American Arbitration Association under the Commercial Arbitration Rules. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. The parties agree that any such controversy shall be submitted to three arbitrators selected in pursuant to the provisions of the American Arbitration Association Commercial Arbitration Rules. This arbitration agreement applies regardless of the claims or causes of action alleged. The arbitrators’ award will be final and binding, but in no event can an award exceed the amount of direct compensatory damages actually incurred by the claiming party, and no party can recover for anything other than the benefit of the bargain under the agreement. The parties further agree that no punitive or exemplary damages can be considered or awarded by the arbitrators. The parties agree that the American Arbitration Association Commercial Arbitration Rules are modified as follows: the procedures set forth in Iowa’s Rules of Civil Procedure applicable in Iowa will govern the arbitration, including those relating to disclosures and listing of witnesses and exhibits, initiation and completion of discovery, and dispositive motions. The parties agree that any arbitration conducted in this case shall be held in Montgomery County, Iowa.
In the event it becomes necessary for any party to employ counsel to enforce any of the provisions of the Terms of Service, or the breach thereof, then, in that event, the non-prevailing party agrees to pay to the other party all of such other party’s costs and expenses, including reasonable attorney’s fees.
The failure of Liverystable.net to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
You agree that your Liverystable.net account is non-transferable and any rights to your Liverystable.net member account, password, ID, 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 therein permanently deleted.
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 Liverystable.net or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision in the Terms of Service is held to be illegal, invalid, or unenforceable, such provision shall be reformed to reflect the intent of the parties and the economics of the transaction and the validity, legality, or enforceability of the remaining provisions will not, in any way, be affected or impaired thereby.
Headings contained in the Terms of Service are included for convenience only and form no part of the agreement between the parties. If a question of interpretation arises, the Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provision of this Agreement.
Thank you for using Liverystable.net!