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TERMS AND CONDITIONS OF USE

www.europeanhorsetrade.com (“European Horse Trade”)

Welcome to the Site. Please read these Terms and Conditions carefully. Throughout the Terms and Conditions of Use, the term “you” shall mean the user of the service, whether that user is a natural person, corporation or other entity. You can review the most current version of the Terms and Conditions at any time on our webpage.  These Terms and Conditions include our exclusive policy for acceptable use of the Site and content posted on the Site, your rights, obligations and restrictions regarding your use of the Site and the Site’s Privacy Policy found here.

 

  1. Acceptance of Terms and Conditions of Use

  1. Owner and Operator.  This page is owned and operated by European Horse Trade (“EHT”), a Dutch corporation with a place of registration and business in Amsterdam, the Netherlands.   EHT does not directly conduct business in the United States of America but has independent contractors, who assist us within the country.

 

  1. Acceptance by Use. By accessing this Site, you accept, without any reservation, the Terms and Conditions contained in this section. You are only authorized to use the Site and its services if you agree to abide by all applicable laws and to these Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of the Site immediately.

 

  1. Modification within Our Discretion.  We may modify these Terms and Conditions from time to time without notice to you.  Such modification shall be effective upon posting on the Site. You agree to be bound to any changes to these Terms and Conditions when you use the Site after any such modification is posted.  It is thus important that you review these Terms and conditions regularly to ensure you are updated as to any changes made. These Terms and Conditions constitute the entire agreement regarding your use of the Site and the services it offers and supersede any prior terms.

 

  1. Restriction of Use.  Without limiting any other provisions of this Agreement, you may not use this Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms. Your access to this Site may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, or for any other reason, or no reason. You expressly agree not to:

 

  • Use this Site or its contents for any commercial purpose;
  • Access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure; and
  • “frame,” “mirror” or otherwise incorporate any part of this Site into any other website without our prior written permission.

 

  1. Content on the Site

 

  1. Informational Purposes Only, No Offer.  The content of the Site, including the description of horses for sale is intended for information purposes only.  The description does not constitute an offer by EHT and does not require or contemplate acceptance by any user.  All information is subject to change in our discretion at any time and without notice to you.  If you would like to purchase any of the goods or services described on the Site, please contact us to discuss, negotiate, and enter into a separate binding agreement for the provision of the same.

 

  1. No Guarantee of Accuracy. While we make every effort to ensure accuracy of the information published on the Site, we cannot and do not warrant or represent that the information and data provided are free from error or are accurate.  We shall not be held responsible for any deficiencies or errors in the content of our Site.  More specifically, the inventory and descriptions of particular horses, including specifics and prices, may not be accurate and is subject to change without notice.

 

  1. Materials Protected by Copyright.  The material on this Site is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site.

 

  1. You Must Comply With Laws.  You shall comply with all local rules regarding the use of the Site.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Netherlands or the country in which you reside.

 

  1. Intellectual Property

 

  1. Content Property of EHT.  All content on this Site constitutes the property of EHT or its respective copyright owner, if specifically noted.   No duplication, reproduction, or other use in any manner is allowed without the prior express written consent of EHT.

 

  1. No Grant of License.  Your use of the Site does not create any license or other right of use, duplication, reproduction, copying, display, publishing, or creating derivative works of any of the Site’s content without our prior written consent.  You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site.

  1. Links

 

The Site may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do 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 we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or services available on or through any such site or resource.

  1. Children Online Protection Act Notification

 

Pursuant to 47 U.S.C. Section 230(d), please be advised that parental control protections that may assist you in limiting access to material that is harmful to minors are commercially available. Information identifying current providers of such protections is available at http://www.netparents.org.

  1. Infringement Policy

 

  1. DMCA Safe Harbor Notice.  Pursuant to the Digital Millenium Copyright Act (the “Act”), 17 U.S.C. Section 512(c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement by mail:

 

Sarah Smit

Amstel 230 hs

1017 AK Amsterdam

The Netherlands

Tel: + 971 (0) 55 604 1465

Email: sarah@europeanhorsetrade.com

 

  1. Content of the Notice.  In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

i.       A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

ii.      Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
iii.     Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
iv.     Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/ or e-mail address.
v.      A statement that you have a good faith belief that use of the material, in the manner complained, of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
vi.     A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

  1. Indemnity

 

You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors, suppliers, and employees harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms and Conditions, or by your violation of the rights of another person or entity.

  1. Disclaimers and Limitation of Liability

 

  1. You understand and agree that the Site and all content therein are provided “As-Is” and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site.

 

  1. WE DO NO WARRANTY OR GUARANTEE THE ACCURACY, MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF ANY INFORMATION CONTAINED ON THE SITE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH OR FROM ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. IN NO EVENT SHALL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR ITS SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

  1. Some jurisdictions do not allow the disclaimer, exclusion or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

 

  1. 9. Dispute Resolution and General Provisions

 

A.  Governing Law and Choice of Venue.  These terms and conditions and your use of the Site shall be governed by the laws of the Netherlands without regard for its conflict of laws rules.  If there is any dispute about or involving the Site or its Services, you agree to exclusive personal jurisdiction and venue in the courts of the appropriate jurisdiction located in the Netherlands. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Netherlands with respect to such matters.

 

B.  Headings for Convenience Only.  The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.

 

C.  No Waiver.  Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

 

D.  Partial Invalidity.  If any provision of these Terms and Conditions is unlawful, void or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.

 

E.  Modifications of the Site.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

 

F.  No Third Party Beneficiaries.  These Terms and Conditions shall no inure to the benefit of any third party.  The use of the Site is contemplated only by you and not for the benefit of anyone else.

 

G.  Trademarks.  EuropeanHorseTrade.com, European Horse Trade, EHT, other logos, product, and service names are trademarks and service marks of EHT.  You agree not to display or use our marks in any manner without our prior written consent.

 

  1. Waiver of Jury Trial. You agree not to seek and specifically waive your right, if any, to trial by jury in connection with any dispute arising out of or in connection with your use of the Site or these Terms and Conditions.

  1. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

 

 

 

 
Copyright 2011 European Horse Trade. All rights reserved.
Amsterdam - Boston - Dubai
781-366-3898 | sadie@europeanhorsetrade.com
971 (0) 55 604 1465 | sarah@europeanhorsetrade.com

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