This Web Site agreement (the Agreement) is between you and Ocala Horse.com LLC., Inc. (OCALA HORSE.COM LLC.) with a principal place of business at 11492 N. C.R. 475, Oxford, Fl 34484 Use of this Web site (the OCALA HORSE.COM LLC. Web Site, collectively with other OCALA HORSE.COM LLC. Web sites, the OCALA HORSE.COM LLC. Web Sites) signifies your agreement to the terms and conditions of use set forth below in the Agreement. If you do not agree to the terms and conditions set forth herein, please do not go any further into this site.
Conditions of Use
License to Use OCALA HORSE.COM LLC. Web Sites and Contents
Subject to the terms and conditions set forth in this Agreement, OCALA HORSE.COM LLC. grants you a non-exclusive, non-transferable, limited right to access, use and display the OCALA HORSE.COM LLC. Web Site and the materials thereon, provided that you comply fully with the terms and conditions of this Agreement. The OCALA HORSE.COM LLC. Web Site is only for your personal noncommercial use. You agree not to interrupt or attempt to interrupt the operation of the OCALA HORSE.COM LLC. Web Site in any way.
All material on the OCALA HORSE.COM LLC. Web Site, including without limitation text, images, software, audio and video clips, as defined below (collectively the Content) is owned or controlled by OCALA HORSE.COM LLC.. The OCALA HORSE.COM LLC. Web Site and the Content are protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws. You agree to abide by all restrictions displayed on the OCALA HORSE.COM LLC. Web Site.
You may not download, display, reproduce, create derivative works from, transmit, sell distribute, or in any way exploit the OCALA HORSE.COM LLC. Web Site or any portion thereof for any public or commercial use without the express written permission of OCALA HORSE.COM LLC.. You may view and download one (1) copy only of material from the OCALA HORSE.COM LLC. Web Site (unless otherwise specifically indicated) for your personal, non-commercial home use only, provided that you maintain all copyright and other notices contained therein. You may obtain more information on the copyrights, trademarks, and service marks of OCALA HORSE.COM LLC. and its affiliates by viewing the copyright and trademark notices posted on the OCALA HORSE.COM LLC. Web Site.
You may not: (w) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic means of obtaining lists of users or other information from or through the OCALA HORSE.COM LLC. Web Site, including without limitation any information residing on any server or database connected to the OCALA HORSE.COM LLC. Web Site; (x) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (y) use the OCALA HORSE.COM LLC. Web Site in any manner with the intent to damage, disable, overburden, or impair the OCALA HORSE.COM LLC. Web Site; or (z) frame the OCALA HORSE.COM LLC. Web Site with any other content or information without the prior written permission of OCALA HORSE.COM LLC.
Rules for Chatrooms, Forums, and Other Uploading of User Material
You alone are responsible for the content and consequences of any of your messages. In addition to any other rules or regulations that we may post in connection with a chatroom, bulletin board classifieds, advertising or other forum on the OCALA HORSE.COM LLC. Web Site, you agree that you shall not upload, post or transmit to or distribute or otherwise publish through the OCALA HORSE.COM LLC. Web Site, any materials which (i) restrict or inhibit any other user from using and enjoying the OCALA HORSE.COM LLC. Web Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from this Web Site or OCALA HORSE.COM LLC.
Copyright Act Agent.
OCALA HORSE.COM LLC. maintains a policy of termination in appropriate circumstances of users who use the OCALA HORSE.COM LLC Web Sites for repeat infringements. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent: J. Christopher Carver,112 N. Jumper Driver,Bushnell, Fl 33513
FOR QUESTIONS ABOUT SUBSCRIPTIONS,
OR WRITE TO CUSTOMER SERVICE DESK, 11492 N. C.R. 475, Oxford, Fl 34484 YOU MUST INCLUDE YOUR NAME, ADDRESS AND THE TITLE OF THE MAGAZINE YOU ARE INTERESTED IN.
CONTACT INFORMATION FOR ADVERTISING, EDITORIAL, REPRINTS, RIGHTS AND PERMISSIONS, EMPLOYMENT AND MATTERS OTHER THAN COPYRIGHTS CAN BE FOUND BY CLICKING ABOUT US OR CONTACT US ON THIS SITE.
Editing and Disclosure of User Material
OCALA HORSE.COM LLC. reserves the right, but does not have an obligation, to review all materials posted to the OCALA HORSE.COM LLC. Web Site by users, and OCALA HORSE.COM LLC. is not responsible for any such materials posted by users. However, OCALA HORSE.COM LLC. reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in OCALA HORSE.COM LLC.s sole discretion are objectionable or in violation of this Agreement.
OCALA HORSE.COM LLC. Rights to Materials Provided by Users
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively Communications) to the OCALA HORSE.COM LLC. Web Site, you grant to OCALA HORSE.COM LLC. a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by OCALA HORSE.COM LLC. of any material or idea submitted by you in any Communications. You waive all rights to any claim against OCALA HORSE.COM LLC. for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that OCALA HORSE.COM LLC. is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever, and is not responsible for maintaining, and may delete at any time, any of your Communications.
No Responsibility for Transmitted Material
You acknowledge that material transmitted to and from the OCALA HORSE.COM LLC. Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to OCALA HORSE.COM LLC. or the OCALA HORSE.COM LLC. Web Site, no confidential, fiduciary, contractually implied or other relationship is created between you and OCALA HORSE.COM LLC. other than pursuant to this Agreement. OCALA HORSE.COM LLC. shall not be responsible for the payment of any monies to any party in connection with OCALA HORSE.COM LLC.s use of Communications submitted by you to the OCALA HORSE.COM LLC. Web Site.
Links to Other Web Sites
The OCALA HORSE.COM LLC. Web Site contains links and pointers and sometimes may frame other World Wide Web Internet sites, resources, and sponsors of the OCALA HORSE.COM LLC. Web Site. Links from the OCALA HORSE.COM LLC. Web Site to Web sites maintained by third parties and the framing of third-party sites do not constitute an endorsement by OCALA HORSE.COM LLC. of such third party resources or their contents. Links and frames also do not imply that OCALA HORSE.COM LLC. sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party site, or that any such site is authorized to use any trademark, tradename or logo of OCALA HORSE.COM LLC.. You should direct any concerns regarding any external link to its site administrator or webmaster. OCALA HORSE.COM LLC. does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the OCALA HORSE.COM LLC. Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. OCALA HORSE.COM LLC. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the OCALA HORSE.COM LLC. Web Site.
OCALA HORSE.COM LLC. may include routing buttons within the OCALA HORSE.COM LLC. Web Sites, the activation of which will allow you to access and learn about OCALA HORSE.COM LLC. and other services provided by OCALA HORSE.COM LLC. or its affiliates. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES PERTAINING TO THE USE OF SUCH SERVICES.
Third Party Services
You may order services or merchandise through the OCALA HORSE.COM LLC. Web Site from other persons or companies not affiliated with OCALA HORSE.COM LLC. (Sellers). All issues and concerns pertaining to merchandise and services sought or purchased from Sellers, including but not limited to purchase terms, payment terms, guarantees, warranties, delivery, maintenance, etc. are solely between you and the Seller. You will not consider OCALA HORSE.COM LLC., nor will OCALA HORSE.COM LLC. be deemed, a party to such transactions, whether or not OCALA HORSE.COM LLC. may have received some form of revenue or other compensation in connection with the transaction, or liable for any costs or damages you or anyone else incurs as a result of the transaction, irrespective of whether these damages or costs arise directly or indirectly from the transaction. OCALA HORSE.COM LLC. MAKES NO WARRANTY CONCERNING ANY MERCHANDISE OR SERVICES PURCHASED ON OR OBTAINED THROUGH AN OCALA HORSE.COM LLC. WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH AN OCALA HORSE.COM LLC. WEB SITE. YOUR PURCHASE OF ANY MERCHANDISE OR SERVICES OR PARTICIPATION IN ANY TRANSACTION IS SOLELY AT YOUR OWN RISK
You agree to indemnify, defend and hold OCALA HORSE.COM LLC., and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the Indemnified Parties) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of or failure to use the OCALA HORSE.COM LLC. Web Site, or any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. OCALA HORSE.COM LLC. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of OCALA HORSE.COM LLC.
Disclaimer of Warranties and Damages; Limitation of Liability
THE OCALA HORSE.COM LLC. WEB SITE (INCLUDING ALL CONTENT, FUNCTIONS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE OCALA HORSE.COM LLC. WEB SITE) ARE PROVIDED AS IS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OCALA HORSE.COM LLC. DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER FOR THE OCALA HORSE.COM LLC. WEB SITE; OR THAT THE OCALA HORSE.COM LLC. WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OCALA HORSE.COM LLC. AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE OCALA HORSE.COM LLC. WEB SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED, TO OCALA HORSE.COM LLC. NEGLIGENCE.
UNDER NO CIRCUMSTANCES SHALL OCALA HORSE.COM LLC. OR ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE OCALA HORSE.COM LLC. WEB SITE, EVEN IF OCALA HORSE.COM LLC. OR ITS SUBSIDIARIES OR AFFILIATES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OCALA HORSE.COM LLC. OR ITS SUBSIDIARIES OR AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED $100.00.
Changes to Agreement
OCALA HORSE.COM LLC. reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time by posting an amended version of the Agreement on the Web Site. Changes in this Agreement will be effective when posted. Your continued use of the Web Site after any changes to this Agreement are posted will be considered acceptance of those changes.
OCALA HORSE.COM LLC. may terminate, change, suspend or discontinue any aspect of the OCALA HORSE.COM LLC. Web Site at any time. OCALA HORSE.COM LLC. may also impose limits on certain features and services or restrict your access to part or all of the OCALA HORSE.COM LLC. Web Site without notice or liability.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF SUMTER, STATE OF FLORIDA.
We control and operate the OCALA HORSE.COM LLC. Web Site from our offices in the United States of America. We do not represent that materials on the OCALA HORSE.COM LLC. Web Site are appropriate or available for use in other locations. Persons who choose to access the OCALA HORSE.COM LLC. Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement constitutes the entire agreement between OCALA HORSE.COM LLC. and you with respect to your use of the OCALA HORSE.COM LLC. Web Site. Any cause of action you may have with respect to your use of the OCALA HORSE.COM LLC. Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Copyright 2007 OcalaHorse.com, LLC
All rights reserved.
This Site and any content appearing on it may not be published, broadcast or otherwise distributed without the prior written permission of OCALA HORSE.COM LLC..
OCALA HORSE.COM are trademarks or service marks of OCALA HORSE.COM LLC. Other marks used on these sites are trademarks or service marks of either OCALA HORSE.COM LLC or Ocala Horse.com LLC., Inc
You may not use the foregoing marks, trademarks or service marks, logos or other identifiers without the prior written authorization of OCALA HORSE.COM LLC. and/or the trademark owner.
Last Updated: October 1, 2007