1. CentralEquine.com is a Venue



2. Listing and Selling Goods & Services via this Site.



3. Use and Storage Terms. You acknowledge that Central Equine, LLC may establish general practices and limits concerning use of this Site, including without limitation the maximum number of days for which Content will be retained on the website and the maximum quantity and size of any Content posted.

4. Copyright. All Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, links and other files (excluding anything that would constitute Content) and the selection and arrangement thereof ( “Materials“) are copyrighted Materials of Central Equine, LLC © 2005, ALL RIGHTS RESERVED, or its suppliers or other third parties.

5. Trademarks. The trademarks and/or trade dress, service marks, trade names, and logos ( “Marks“) used and displayed on this Site are registered and unregistered trademarks of Central Equine, LLC, its suppliers or other third parties. In addition, the Marks include, but are not limited to, all page headers, custom graphics, button icons, and scripts, which may not be copied, imitated or used, in whole or in part, without the prior written permission of Central Equine or the owner of the Mark(s) at issue. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Marks or Materials used or displayed on this Site, without the express written permission of Central Equine or the owner of the Mark(s) or Materials at issue. The misuse of the Marks or Materials displayed on this Site is strictly prohibited.

6. Central Equine Materials. This Site, the Materials, the Marks, and the Services, including, without limitation, any of Central Equine's or its licensor's Internet operations, content, hardware designs, algorithms, software (in source and object forms), user interface designs, e-store and other templates and designs, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world in any of the foregoing, and any derivative works, improvements, enhancements or extensions thereof, are and shall remain the sole and exclusive property of Central Equine, its suppliers or other third parties.

7. Content. You understand that all Content is the sole responsibility of the person from whom such Content originated. Central Equine is not responsible for any particular user's Content that may appear on this Site; nor is Central Equine responsible for or involved in reviewing or editing any Content on this Site. You understand that Central Equine does not is not responsible for Content made available through this Site, and that by using this Site, You may be exposed to Content that is inaccurate or misleading. You should evaluate all Content, and You bear all risks associated with the use of any Content. Under no circumstances will Central Equine be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of or reliance on any Content posted or otherwise made available via this Site.

8. User Content. Central Equine does not claim ownership of the Content You provide to Central Equine or post, upload, input or submit to this Site. However, by posting, uploading, inputting, providing or submitting Your Content, You are granting to Central Equine and its licensors a perpetual, irrevocable, worldwide, royalty-free, fully transferable and fully sublicensable (through multiple tiers) right and license to use Your Content, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, modify, rent, lease, lend, publicly perform, reproduce or publish in any medium (including but not limited to DVD's, catalogs and magazines), edit, translate, reformat, and create derivative works (with or without attribution) of Your Content, and sublicense or transfer any such rights. No compensation will be paid with respect to the use of Your Content as provided herein. Central Equine is under no obligation to post or use any Content You may provide, and Central Equine may remove any Content at any time in its sole discretion. By submitting Content, You represent and warrant that You own or otherwise control all of the rights to Your Content as described in this Agreement including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Content.

9. Account Information. You acknowledge, consent and agree that Central Equine may access, preserve and disclose Your account information and Content as provided herein or the Privacy Policy or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process, (b) enforce this Agreement and any documents incorporated herein, (c) respond to claims that any Content violates the rights of third parties, (d) respond to requests for customer service, or (e) protect the rights, property or personal safety of Central Equine, its users, and the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (x) transmissions over various networks, and (y) changes to conform and adapt to technical requirements of connecting networks or devices.

10. Grant of License. Central Equine hereby grants to You a personal, limited, worldwide, non-exclusive, non-transferable, non-sublicenseable, and revocable license to use this Site only as specifically set forth in this Agreement. Except for Content which You own, You may not distribute, copy, reproduce, display, modify, reverse engineer, create a derivative work of, download or transmit any Material or Marks on this Site for commercial use without receiving prior written approval by Central Equine.

11. Hardware. You shall be solely responsible for hardware and interconnections and telecommunications to access this Site and the Services.

12. License Restrictions. You acknowledge and agree that You do not acquire any ownership rights to this Site, the Services, the Marks or the Materials by Your use of the Site. You may not: (a) copy the Services or any software or programming related thereto; (b) modify, distribute, copy, reproduce, display, republish, download, upload or transmit the Marks or any Materials on this Site for commercial use, or otherwise, without the prior written approval of Central Equine, (c) “frame“ or “mirror“ any Materials contained on this Site on any other server without the prior written permission from Central Equine, (d) permit other individuals or companies to use the Marks and/or the Materials, (e) modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon this Site, Materials, Services, or any software or programming related thereto, (f) rent, lease, transfer, resell and/or or otherwise transfer rights to the Marks, the Materials or the Services, or (g) delete or write over any portion of any software relating in any manner to this Site or the Services. You also agree that You shall only use this Site, the Services, the Marks and the Materials in a manner that complies with all applicable laws in the jurisdictions in which You use the Services, and that Your use of this Site, the Services, the Marks and the Materials is subject to all applicable local, state, national and international laws and regulations. Central Equine reserves any rights not expressly granted herein.

13. Additional Use Restrictions. You may only use this Site, the Services, the Marks and the Materials in a manner that, in Central Equine's sole judgment, is consistent with the intended purposes thereof. Please make sure that the Content You provide conforms to all copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. If You are unsure of whether any contemplated use or action is permitted, please contact Central Equine at customerservice@centralequine.com. By way of example, and not limitation, You agree not to:



14. Monitoring this Site. Central Equine has the right, but not the obligation, to monitor this Site. Central Equine reserves the right, but not the obligation, to refuse to post or to remove any Content, or any information or materials from any portion of this Site, in whole or in part, that, in Central Equine's sole discretion, are unacceptable, undesirable, inappropriate or in violation of this Agreement. You acknowledge that Central Equine may establish general practices and limits concerning use of this Site, including without limitation, limiting the maximum number of days that message board postings or other uploaded Content will be retained by this Site, the maximum disk space that will be allotted on Central Equine servers on Your behalf, the maximum length of time that an IP address will be assigned for Your use, the maximum throughput of traffic from the Internet or associated service, and the maximum number of times (and the maximum duration for which) You may access this Site in a given period of time. You agree that Central Equine has no responsibility or liability for: (a) the deletion of Content, (b) failure to store or to deliver any messages and other communications, (c) the modification or malformation of data communications over this Site, or (d) other Content maintained or transmitted by this Site.

15. Hyperlinks. You are granted a limited, nonexclusive, and revocable right to create a “hypertext“ link to this Site, provided that such link is to the entry page of this Site and does not portray Central Equine or the Site owner, or any of Central Equine or this Site owner's products or services, in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Central Equine Marks or other proprietary information including the images found at this Site, the content of any text or the layout/design of any page or any form contained on a page without Central Equine's express written consent. Links to third party sites on this Site are provided solely as convenience to You. If You use these links, You will leave this Site. Central Equine has not reviewed all of these third party sites and does not control, and is not responsible for, any of these sites or their availability, content, or policies, including, without limitation, privacy policies or lack thereof. Central Equine does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If You decide to access any of the third party sites linked to this Site, You do so entirely at Your own risk. You acknowledge and agree that Central Equine 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 third party sites.

16. Downloadable Materials. Any Materials that are made available to download from this Site are the copyrighted work of Central Equine and/or its or suppliers or other third parties. Without limiting the foregoing, copying or reproduction of the Materials to any other server or location for further reproduction or redistribution is expressly prohibited.

17. Your Information. You agree to (i) provide true, accurate, current and complete transactional information and any information about You and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. You agree to update such information by notifying Central Equine by email of any changes at customerservice@centralequine.com. In addition, by providing Your contact information to Central Equine, You consent to Central Equine posting and/or using, at its discretion, Your name, telephone number, and e-mail address on this Site or in other materials published and/or distributed by Central Equine.

18. User ID and Password. You will receive a user ID and password during the registration process. You are fully responsible for maintaining the confidentiality of Your user ID and password and all activities that occur under Your user ID and password as well as ensuring that You exit from Your account at the end of each session. Your user ID and password are for Your use only, and You may not transfer Your user ID, account, or password to another party without Central Equine's consent. You agree to immediately notify Central Equine by email at customerservice@centralequine.com of any unauthorized use of Your ID, password or account or any other breach of security.

19. Notices. Unless otherwise provided herein, notices given by Central Equine to You will be given by email or by conventional mail. Notices will be sent to the email address or mailing address You provide to Central Equine as part of the registration process, or to an updated address that You provide to Central Equine via notice consistent with this section. Notices given by You to Central Equine must be given by email to customerservice@centralequine.com or such updated address(es) as Central Equine may provide to You consistent with this notice provision. Notwithstanding anything herein to the contrary, it is Your sole responsibility to update Your address for notices hereunder, and notices sent to the email or conventional mailing address last provided by You to Central Equine shall be valid and binding on You regardless of whether such address has been changed, canceled, has expired, has been terminated, or otherwise becomes inoperative.

20. Interstate Nature of Using this Site and Services. When You register with Central Equine, You acknowledge that in using the Services to send electronic communications, You will be causing communications to be sent through Central Equine's computer networks, portions of which may be located in other locations in the United States and portions of which may be located abroad. As a result, and also as a result of Central Equine's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless or where You are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, You acknowledge that use of the Services results in interstate data transmissions.

21. Modification or Cancellation of Services. Central Equine may, in its sole discretion and at any time, modify, cancel or suspend the Services, or any part thereof, without cause and without notice. Upon cancellation of the Services, Your right to use the Services stops right away.

22. Central Equine is not Affiliated with VeriSign. You understand, acknowledge and agree that Central Equine does not receive the purchase price for Goods & Services sold through this Site; rather, all monies are either exchanged directly between the parties, or payments are made through VeriSign. You further understand, acknowledge and agree that Central Equine is not affiliated with VeriSign, does not serve as an agent for payment for VeriSign, and does not at any time see credit card information provided to VeriSign by Users.

23. Security. Central Equine uses industry standard Secure Socket Layer (SSL) encryption through ServiceNet or other provider to help ensure the highest security for credit card and personal details submitted to the Central Equine over the Internet. ServiceNet's security certificate is issued by VeriSign and uses SSL 128 bit key encryption - US industry standard security software. Depending on the browser version that You are using, Your personal information will be encrypted by Your computer at 40, 56 or 128 bit key encryption before it is sent to VeriSign or other payment entity. Notwithstanding the foregoing, You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and Central Equine cannot guarantee that any personal information You submit to us will be free from unauthorized third party intrusion. You understand and agree that all information You submit to Central Equine is done so at Your own risk.

24. Termination. You agree that Central Equine may, under certain circumstances and without prior notice, immediately terminate Your account, any associated email address, and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement 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 Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by You in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by You in connection with the Services. Termination of Your account includes (a) removal of access to all offerings within the Services, (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 of further use of the Services. Further, You agree that terminations for shall be made in Central Equine's sole discretion and that, except as explicitly provided herein, Central Equine shall not be liable to You or any third party for any termination of Your account, any associated email address, or access to the Services. Upon any termination of this Agreement, You shall immediately discontinue use of the Services. Sections 1, 2, 4, 5, 7, 8, 10, 12, 17, 18, 19, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 shall survive the termination, cancellation, or discontinuation of this Agreement.

25. Disclaimer of Warranties. You agree that use of the Services and this site is at Your sole risk. The Services and this site, including but not limited to all software, functions, materials, and information, are provided on an “as is“ and “as available“ basis, and Central Equine (including, without limitation, its SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, independent consultants, subcontractors, distributors, or any client of Central Equine (collectively, “Central Equine Third Parties“)) assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any of Your communications, data, Content, or personalization settings. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, Central Equine, LLC hereby 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, quiet enjoyment, title, merchantability of computer programs and informational content. Neither Central Equine nor any Central Equine Third Parties make any warranty that this site, the software, the materials, the products, or the Services will be uninterrupted, timely, secure, or error or virus free or that any defects in this Site, the software, the materials, the products, or the services will be correctED; nor do Central Equine OR ANY CENTRAL EQUINE THIRD PARTIES make any warranty as to the results that may be obtained from, or the accuracy or reliability of any information obtained through, the use of the Services or this site. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Site and the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to a computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by You through use of the Services shall create any warranty not expressly made herein. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS CONTAINED HEREIN MAY NOT APPLY ,AND YOU MAY HAVE ADDITIONAL RIGHTS.

26. limitation of liability. In no event shall Central Equine be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost or damaged data or business interruption arising out of or relating to the use, or inability to use, the services, this Site, any websites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including, but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If Your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, You assume all costs thereof. 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 the total and aggregate liability of any party under this Agreement for any cause of action or reason whatsoever exceed $100.00 or the total fees You paid to us in during the 3 month period preceding the event giving rise to the liability, whichever is greater. Your sole and exclusive remedy under this Agreement is to discontinue the use of the Services. The liability of any party under this Agreement shall be cumulative and not per incident.

27. Indemnification & Release. You agree to notify Central Equine of, and indemnify, defend, and hold Central Equine and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against, any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) Your breach of this Agreement; (b) any allegation that any Content or materials You submit or transmit to this Site, or to other websites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) Your activities in connection with this Site and any Services, including but not limited to Your attempted or completed sale or purchase of Goods & Services, if any. In addition, if You have a dispute with one or more users, You agree to release Central Equine (and its officers, directors, agents, assigns, and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in connection with, any such disputes. If You are a California resident, You hereby agree to waive California Civil Code ß1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.“

28. Force Majeure. Central Equine shall not be liable to You or any third party for failure or delay in performing our obligations hereunder if such failure or delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this Site.

29. No Right of Survivorship and Non-Transferability. You agree that Your Central Equine account is non-transferable and any rights to Your user ID, or any Content or other materials within Your account, terminate upon Your death.

30. Noncompetitive Use of Site and Services. You hereby agree that at no times shall You be permitted to use this Site, the Services or any information which You may gather in the course of using the Site or the Services in a manner which Central Equine may reasonably deem to be competitive to the Services it provides (including but not limited to using the contact information of Site users to solicit business for competitors).

31. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement. Central Equine respects the intellectual property of others, and we ask our Users to do the same. Central Equine may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If You believe that Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please provide Central Equine with the following information:

Central Equine may be reached for notice of claims of copyright or other intellectual property infringement can be reached as follows:



32. 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 this Site, the Services, or this Agreement (or any other agreement incorporated herein), must be filed within one (1) year after such claim or cause of action arose or forever be barred.

33. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia notwithstanding any conflict of laws provisions.

34. General. If any provision(s) of this Agreement is(are) held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Any failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. This Agreement may be assigned in whole or in part by the Central Equine. This Agreement may not be assigned in any manner by You without the express, prior written permission of the Central Equine. This Agreement is solely for Your benefit and not for the benefit of any other person, except for permitted successors and assigns under this Agreement; as such, there are no third party beneficiaries to this Agreement. This Agreement contains the entire understanding of the parties regarding the subject matter and supersedes all prior and contemporaneous agreements and understandings between the parties regarding the subject matter.