Copyright 2006 Shedrow Sales. All rights reserved. Terms of Use
Sellers
Buyers
Terms of Use
DESCRIPTION OF SERVICE Shedrow Sales provides marketing and advertising services to buyers and sellers of horses off the racetrack.
GENERAL PROVISIONS Your use of this website is governed by the terms and conditions stated herein, which may be amended by us from time to time without notice to you. These terms and conditions are in addition to any other agreements between you and Shedrow Sales. In consideration of your use of the web-based classified advertisement services provided by Shedrow Sales, you must agree to accept all of the terms and conditions stated herein, together with any modifications or amendments thereto. In the explanation of the terms and conditions which apply to your use of this website and to our services, the term "you,” “your” or “user” shall mean the user of the service, whether that user is a person, a corporation, a partnership, or other businesses or business related entity. The terms “us,” “we,” “our” or words of like import shall mean Shedrow Sales.
Shedrow Sales is not involved in the actual transaction between buyers and sellers, except in cases where the seller is an affiliate of Shedrow Sales, or where the seller has an agreement with Shedrow Sales to act as their agent. Shedrow Sales does not guarantee the sale of horses advertised for sale on this site. Shedrow Sales also does not guarantee the satisfaction of any purchases made as a result of the use of its web-based classified advertisement service, does not guarantee any owner/seller's services, representations, and does not guarantee any horse's performance or fitness for a particular purpose.
Shedrow Sales is not liable in any way for any information or content posted on its website, including, but not limited to, any errors or omissions in the content or information. Shedrow Sales is, likewise, not liable for any loss or damage of any kind incurred as a result of the use of any information or content posted, emailed, transmitted or otherwise made available via its website.
Service interruptions relating to the operation of the Shedrow Sales website are possible, and we cannot guarantee uninterrupted service due to circumstances beyond our control.
The web-based classified advertisement services of Shedrow Sales are provided on an “as-is” basis, and Shedrow Sales assumes no responsibility for the timeliness, delivery errors, deletion, or failure to store any user communications or personalization settings. All users are responsible for obtaining access to the services provided by Shedrow Sales, and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including any and all fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access our service.
Solicitation or spamming of other users through our site or our advertisements is not permitted. If we discover that you have sent any type of unsolicited email (spam) to other users of our site for the purpose of advertising your own services, your advertisements will be deleted and you will be reported to the authorities as a spammer.
Shedrow Sales is not responsible for any misuse of contact information provided by you when posting advertisements or responding to advertisements on our website.
Shedrow Sales is not responsible for typographical or other accidental errors appearing on the service, and is not responsible for violations created or caused by the errors or omissions of service users and/or customers. Potential violations may include, but are not specifically limited to violations of copyright, trademark, trade names, patents, or other local, state, federal or international laws.
By using this service and the Shedrow Sales website, you acknowledge understanding and agreeing to these terms in their entirety.
USER CONDUCT All users of the web-based advertising service provided by Shedrow Sales agree to not use our website and related advertising service to:
email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, 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, or falsely state or otherwise misrepresent the user’s affiliation with a person or entity;
disguise the origin of any content or information transmitted through our service;
email, transmit or otherwise make available any content or information that the user does 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);
email, transmit or otherwise make available any content or information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
interfere with or disrupt our service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to our service;
"stalk" or otherwise harass another; or
collect or store personal data about other users.
USER PRIVACY Shedrow Sales is not responsible for any misuse of personal contact information on our website. We do not and will never sell or release your email address to spammers or junk mailers.
PROPRIETARY RIGHTS You acknowledge and agree that the services provided by Shedrow Sales and any necessary software used in connection with our services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Shedrow Sales, you agree not to use, modify, rent, lease, loan, sell, distribute or create derivative works obtained through your use of the services or software, in whole or in part.
ASSUMPTION AND ACKNOWLEDGEMENT OF RISK You agree that you have evaluated the risks of using the web-based classified advertising service provided by Shedrow Sales, including, but not limited to, the possible misuse of your information by third parties and/or damage to your computer or system through the use of this service. Having evaluated such risks, you agree to bear all risks associated with the use of this service and any content provided through this service, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge, consent and agree that Shedrow Sales may access, preserve, and disclose your information and content if required to do so by law or if Shedrow Sales has a reasonable and good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Shedrow Sales, its users and the public.
You understand that the technical processing and transmission involved in our service, including your information and content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
LINKS The services and website provided by Shedrow Sales may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that Shedrow Sales 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 Shedrow Sales 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 the use of, or reliance on, any such content, goods or services available on or through any such site or resource.
MODIFICATIONS TO SERVICE Shedrow Sales reserves the right at any time to modify or discontinue, temporarily or permanently, our services or website (or any part thereof) with or without notice. You agree that Shedrow Sales shall not be liable to you or to any third party for any modification, suspension or discontinuance of our services or website.
DISCLAIMER OF WARRANTIES ALL USERS OF THE SERVICES AND WEBSITE PROVIDED BY SHEDROW SALES EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHEDROW SALES 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.
SHEDROW SALES MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES AND THE SHEDROW SALES WEBSITE 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 SHEDROW SALES OR THROUGH OR FROM ITS SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
LIMITATION OF LIABILITY AS A USER OF THE SHEDROW SALES WEBSITE AND RELATED SERVICES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHEDROW SALES, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, 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 SHEDROW SALES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR RELATED SERVICES; (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 WEBSITE OR RELATED SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY OTHER USER OR OTHER THIRD PARTY OF THE WEBSITE OR RELATED SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE OR RELATED SERVICES.
RELEASE Shedrow Sales provides marketing and advertising services to buyers and sellers of horses off the racetrack. We are not involved in the actual transaction between buyers and sellers, except in cases where the seller is an affiliate of Shedrow Sales, or where the seller has an agreement with Shedrow Sales to act as their agent. Shedrow Sales does not guarantee the sale of horses advertised for sale on this site. In the event you have a dispute with one or more users, and as a condition of your use of this website, you hereby agree to release Shedrow Sales and its owners, officers, employees, agents, affiliates and other partners from any and all 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.
INDEMNITY You agree to indemnify and hold harmless Shedrow Sales and its owners, officers, employees, agents, affiliates and other partners from, against, and with respect to, any action, suit, proceeding, demand, assessment, judgment, loss, cost, liability, damage or expense, including attorneys’ fees and court costs, now existing or hereafter arising as a proximate result of any content you submit, transmit or make available through our service, your use of our service, your connection to our service, your violation of these terms and conditions, or violation of any international, federal, state or local treaty, statute, law and/or regulation relating to your use of our service.
NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the services offered by Shedrow Sales, use of the service, or access to the service. You may not present or hold yourself out as a representative of Shedrow Sales or represent us in any way.
NOTICES Shedrow Sales may provide you with notices, including those regarding changes to these terms and conditions, by either email, regular mail, or postings on this web-site.
GENERAL INFORMATION These terms and conditions govern your use of our services and website. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Shedrow Sales services, affiliate services, third-party content or third-party software.
CHOICE OF LAW AND FORUM These terms and conditions, and the relationship between you and Shedrow Sales shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.
