Terms of Use/Terms and Conditions

Terms & Conditions
This website may be used only for lawful purposes by individuals and organizations seeking the services offered by NorthWest Equine Network DBA NW Equine.com.
Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our website. We suggest you print a copy of each of these documents for your records.

NW Equine.com shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes.

1. Term. This Agreement will remain in full force and effect while you use the Websites and/or are an advertiser.
1. NW Equine.com may terminate your NorthWest Equine Directory Listing for any or no reason. NW Equine.com will send notice to you at the email address provided or at such other email address as you have later provided to NW Equine.com so long as you have provided the alternate email address prior to the date of your termination as a member. If in good faith NW Equine believes your submission to be dubious, fake, or spam, NW Equine.com will not post your Directory Listing and will not notify you of the termination. If NW Equine.com terminates your Directory Listing for any or no reason, you will not be entitled to any refund of your one-year subscription fees. Even if your Directory Listing is terminated, you will be responsible for any outstanding monies owed NW Equine.com for your one-year subscription. Even after your Directory Listing is terminated, these Terms of Use will remain in effect.
2. NW Equine.com Directory Listings are one-year, non-refundable, and to be renewed each year. If you wish to cancel your paid listing you may change your listing status to General Listing; which is no charge.
3. NW Equine.com does not store your credit card information. Your account is paid by using our third party vendor. Currently Pay Pal.
4. Pricing for the NW Equine.com Directory is subject to change without notification.
5. No refunds or returns allowed on Directory listings, Banner ads, Slider ads or other forms of advertising on NW Equine.com.

2. Commercial Use by Businesses/Service Members. Your NW Equine Directory Listing is to be utilized for customers to contact you. Organizations, companies, and/or businesses should not use the Service or the Websites for any purpose or in any manner to contact or solicit customers. Illegal and/or unauthorized uses of this Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Website will be investigated, and appropriate legal action will be taken, including the notification of civil authorities.

3. Proprietary Rights in Content on NW Equine.com.
1. NorthWest Equine Network, NW Equine.com and the NW Equine Directory and any variations thereof are and shall remain the trade-marks, trade names and exclusive property of NorthWest Equine Network. Any unauthorized use of these or any related marks are unlawful. Other trademarks on this website are the property of their respective owners. All content on this website, including without limitation all programs, compiled binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of NorthWest Equine Network and is protected by international copyright law. The content on this website may be used by you only as provided for by NorthWest Equine Network, and may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by NorthWest Equine Network DBA NW Equine.com.
2. You must retain all copyright, trademarks, service-mark and other proprietary notices contained in the original Website Content on any copy you make of the Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute, or otherwise use the Website Content in any way for any public or commercial purpose. The use of the Website Content on any other website or in a networked computer environment for any purpose is prohibited.
3. You shall not copy or adapt the HTML, asp.net, vd.net, XML, java script or any other dynamic code that the Company creates to generate any unauthorized and/or unsolicited Website Content or the pages making up this website. These codes are also protected by the Company’s copyrights.

4. Acceptable Site Use. Users may not use this website in order to transmit, distribute, store or destroy material, including without limitation Website Content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

5. Site Security Rules. Users are prohibited from violating or attempting to violate the security of this website, including, without limitation,
(a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
(c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this website, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, or
(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. NW Equine.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

6. Content Posted on the Site. You are solely responsible for the content that you publish or display on the Website or transmit to other users. NW Equine.com may review, delete and modify any content, messages, photos or profiles (collectively, “Content”) that, in the sole judgment of NW Equine.com violates its Terms of Use or Privacy Policy or which might be offensive, illegal, or that may violate the rights, harm, or threaten the safety of Members and/or the general public. By submitting content to any public or non-public area of this website, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
Content may not be posted on the Websites that:
1. NW Equine.com strictly prohibits using www.NWEquine.com for and content that;
2. is offensive to the online community, such as Content that promotes, bigotry, hatred or physical harm of any kind against any group or individual;
3. is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any person or organization;
4. involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming.” In order to protect our Members from such advertising or solicitation, NW Equine.com reserves the right to restrict the number of emails which a subscriber may send to other subscriber in any time period to a number which NW Equine.com deems appropriate in its sole discretion.
5. contains information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6. contains an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
7. contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
8. contains material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
9. contains instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
10. contains any telephone numbers, street addresses, last names, URLs or email addresses.
11. contains material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it, or that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others.
12. contains material that reveals trade secrets, unless you own them or have the permission of the owner.
13. contains nudity, violence, sexually explicit images or statements, or offensive subject matter.
14. involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes.
15. includes photographs of or information about another person that you have posted without that person’s consent.
16. sends unsolicited mail or e-mail, making unsolicited phone calls or sends unsolicited faxes regarding promotions and/or advertising of products or services to a user of this website.
17. deletes or revises any material posted by any other person or entity.
18. uses any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
19. take any action which imposes an unreasonable or disproportionately large load on this website’s infrastructure.
20. uses or attempts to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from the Company and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
21. attempts to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
22. aggregates, copies or duplicates in any manner any of the Website Content or information available from this website.
23. contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
24. solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
25. collects usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Websites.

7. User Information. If you purchase an ad on this Site or leave a Review on this Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”). In addition to the terms and conditions that may be set forth in any privacy policy on this Website, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy for further details regarding your Information.

8. User Submissions. The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers. We appreciate hearing from our customers and welcome your comments regarding our services and the Website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.

9. Registration and Password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password. You agree not to disclose or share your password with any third parties or using your password for any unauthorized purpose.

10. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement. If you believe that your copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:
1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner’s behalf;
2. A description of the copyrighted work you claim has been infringed and a description of the activity that you claim to be infringing;
3. Identification of the URL or other specific location on this website where the material or activity You claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity;
4. Your name, address, telephone number and your e-mail address;
5. A statement by you that you have a good faith belief that use on the website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and 6. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.

11. Policy Regarding Termination of Users and Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others. NorthWest Equine Network and NW Equine.com respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of this Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Website of any users who are repeat infringers of the copyrights or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.

12. The Company’s Liability. NW Equine.com acts as a venue for advertising and business networking services and the provision of information and does not screen or censor the listings offered. NW Equine.com can make no guarantee regarding the quality and/or availability of services listed by other users of our websites. The Company is not involved in the actual transaction between subscribers. As a result, NW Equine.com has no control over the quality and safety or legality of postings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through NorthWest Equine Network and NW Equine.com website. Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this website, in the event that you have a dispute with one or more users, you explicitly release NW Equine.com (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the NW Equine.com website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Website. The Website Content may contain inaccuracies or typographical errors. NW Equine.com makes no representations about the accuracy, reliability, completeness, or timeliness of this website or the Website Content. The use of the NW Equine.com Website and the Website Content is at your own risk. Changes are periodically made to the Website and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of material placed by you on this website.

13. Disclaimer of Warranties. THE COMPANY DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THIS WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS OR ANY DAMAGES YOU CLAIM ARE ASSOCIATED THEREWITH. ALL NW Equine.com WEBSITE CONTENT IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

14. Disclaimer of Consequential Damages IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Links to Other Sites. Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by NorthWest Equine Network or NWEquine.com of (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

16. No Resale or Unauthorized Commercial Use. You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of this website.

17. LIMITATION OF LIABILITY MAXIMUM LIABILITY FOR NORTHWEST EQUINE NETWORK DBA NW Equine.com ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

18. Termination. NW Equine.com reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Website and immediate termination of your registration with or ability to access this Website and/or any other service provided to you by NW Equine.com, upon any breach by you of these Terms and Conditions or if NW Equine.com is unable to verify or authenticate any information you submit to the Website.

19. Indemnity. You agree to defend, indemnify, and hold harmless NW Equine.com, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to a NW Equine.com (ii) any Website Content that you use or (iii) your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

20. Member Disputes. You are solely responsible for your interactions with other NWEquine.com Members. NWEquine.com reserves the right, but has no obligation to monitor disputes between you and other Members and/or Businesses/Services Members.

21. Additional Terms of Use. NW Equine.com makes no claims that the Website Content may be lawfully viewed or accessed outside of the United States. Access to the Website Content may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
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