Hunters & Jumpers -- Policies and Terms

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Cancellation/Refund Policy
1. Ads placed on www.huntersandjumpers.net are non-refundable with the following exceptions:
  - If you are unable to post your photos or video and our staff is unable to assist you, email us within 7 days of purchasing your ad and we will refund your ad fee.
  - If you paid for a duplicate ad by mistake, notify us within 7 days of purchase and we will refund the charge. You must make notification in writing by email.
2. No refunds will be given for any other reason.
3. Your ad will run for 90 days. If you sell your horse, pony or tack item within the 90 day listing period, you may mark your item "Sold" so that you are no longer contacted by buyers.

Terms of Service
1. Agreement
  This website (the "Site"), appearing on the domain Hunters & Jumpers.com, is owned and managed by Hunters & Jumpers LLC (the "Company"). By using the site, you agree to be bound by all of the provisions of the terms of service (the "TOS") contained herein. You also agree that you are at least 18 years old. This agreement may be updated or modified from time to time with no notice to you, and you agree to be bound by any such modifications or updates if you continue to use the Site.
2. Hunters & Jumpers Service
  Hunters & Jumpers is an advertising service for horses and horse-related goods and services. It may also provide other resources such as forums and discussion, articles, advertisements, links, and other information that may or may not be equine related. This article defines the "Service". Any other features available from the Company that are offered on the Internet domain Hunters & Jumpers.com are included in the Service and you agree that any such offerings are also subject to these TOS. You agree that the Service is offered "AS-IS" and that the Company is not responsible for continued access to the Service, or for omissions, failings, and errors of the Service. Hunters & Jumpers is not a party to transactions between buyers and sellers, and therefore (i) does not guarantee any transactions between buyers and sellers, (ii) plays no role in the transfer of money, documentation, or title, and (iii) plays no role in the delivery or transportation of horses or products purchased through the classifieds.
3. Content
  All content, information, and records published or otherwise available through the Site (the "Content") is copyrighted and protected by other laws of intellectual property. Content that is submitted by Site users may be copyrighted by those users; all other material is owned by the Company and its affiliates, and the compilation of information is owned by the Company. You may access the content for your own personal use, but you agree not to sell, publish, distribute, modify, display, re-post, compile, save, gather, or otherwise use any portion of the Content in any other way without prior written permission for the Company.
4. Copyright Claims
  Material posted on the Site by people other than the Company (that is, by website users), is subject to the Digital Millenium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the "DMCA"). The designated copyright agent for the Company can be found in the Company's complaint policy or by contacting the published customer support email address. To make a claim of copyright infringement regarding Content on the Site, you must send a written complaint to the designated agent including all of the information requested in the Company's complaint policy.
5. Trademarks
  The Content includes trademarks and service marks owned by the Company and its affiliates. You agree not to copy or otherwise use or dilute these trademarks or service marks. The name "Hunters & Jumpers" and the Hunters & Jumpers logo are trademarks or service marks of the Company.
6. Software
  All software programming, including HTML, Javascript, and all other code that is part of the Site (the "Software") is owned by Hunters & Jumpers or its affiliates and is protected by copyright and other intellectual copyright laws and international treaties. You agree not to reproduce, distribute, publish, display, or otherwise use the Software in any way not intended as part of the Service. You agree to use the Service with the intention of duplicating or reverse engineering the Software.
7. Submitted Content
  By submitted text, media, photos, videos, audio, or other Content ("Submitted Materials") to the Site either by email or by uploading it directly through the site, you grant the Company and its affiliates a royalty free, non-exclusive, worldwide, perpetual, irrevocable, fully transferable, fully sublicenseable right to license and copy, display, distribute, modify, perform, create derivative works from, adapt, and reproduce Submitted Materials in any form or media existing now or in the future.
8. Hunters & Jumpers Rights
  You agree and understand that the Company does not and has no responsibility to monitor all of the Submitted Materials. The Company reserves the right to monitor, refuse, delete, move, or alter any Submitted Materials without notice from time to time, at its sole discretion and without need for justification. You agree that the Company will not be held liable to any claims, judgments, or actions arising out of or related to the Submitted Materials. You also agree that the Company may monitor, refuse, delete, move, or alter Submitted Materials without notice, without liability, and without a refund.
9. Indemnity
  You agree that you have all necessary rights, authority, and permission to use all Submitted Materials that you send or post to the Company or to the Site. You agree that your Submitted Materials do not violate or infringe upon any copyright, intellectual property right, trademark, service mark, trade secret, or right of publicity or privacy. You agree that your Submitted Materials do not violate any law or regulation. You agree to indemnify and hold the Company, its affiliates, subsidiaries, officers, agents, and employees harmless against and with respect to any action, judgment, suit, proceeding, assessment, or other liability, including attorney's fees and other costs, arising from your use of the Service, your Submitted Materials, or any transaction between you and a third party that arises from advertising through the Site.
10. Your Account
  You agree not to give out your password or other account information to any third party or let any third party use your account. This is necessary for the security and integrity of the Service. You take full responsibility for actions taken under your account, whether or not you are the one taking those actions.
11. Prohibited Use
  This is a partial list. You agree not to use the Service to do any activity on this list, but you also agree that other activities may also be deemed prohibited from time to time, on a case by case basis, and by the Company's sole discretion. You agree not to:
  1. submit, send, upload, or post any material that violates any law, rule, or regulation, or is harmful, violent, obscene, libelous, defamatory, threatening, racist or harassing, or violates the privacy of another;
  2. engage in the sending of unsolicited commercial email ("Spam") directed at website users or making use of email addresses or other contact information found on the website;
  3. submit any information that is fraudulent, misleading, or promotes illegal activities;
  4. submit any information that reveals private information about a minor or about any other person;
  5. engage in "phishing" or other activities designed to fraudulently obtain the passwords or private information of users;
  6. use the contact information of Site users to promote or advertise any product or service that is not expressly allowed by the person who posted the information;
  7. collect and retain or monitor any contact information or Submitted Materials that appear on the Site;
  8. access the Site by any automated means, unless the only outcome of doing so is to provide links to the Site from a publicly accessible search engine;
  9. make any attempt, by software or otherwise, to interfere with the proper working of the Site;
  10. impersonate any person or entity, misrepresent your own identity in any way, or use the Site under different names and/or email addresses and/or other contact information with the intention of creating the perception of multiple individuals;
  11. submit, post, or transmit any computer virus or other computer code intended to disrupt or interfere with the Service;
  12. attempt to sell or promote any horse, product, or service that you do not own or otherwise do not have the right to sell, including but not limited to horses that are covered by "first right of buy-back" agreements with previous owners.
12. Links
  The Site provides links to other websites. These websites are not controlled by the Company, and the Company makes no claims about or endorsements of these websites. This includes sponsored links and other advertising for which the Company may receive payment. You agree that the Company is not responsible for any service, content or other material on other websites or provided by others.
13. Scams
  The Company is not responsible for any transactions between buyers and sellers that have or have not used the Site in any way. If the Company receives a complaint about a seller, another person or entity, or an ad, it may decide, at its sole discretion, whether or not to remove the ad. While the Company does take various internal measures to reduce fraud, the Company is not under any obligation to remove ads or block users that have received complaints or that the Company knows are should somehow know are involved in fraudulent activities. The Company is not liable for fraud committed by third parties, even if the fraud was committed by the third party while using the Service, or the Company was aware of or should have been aware of the fraudulent activity, and you agree not to hold the Company liable for such fraud.
14. Advertising
  The Company does not guarantee the sale of your horse, your product, or your service. When you post an ad or transmit other Submitted Material to the Site, you agree to pay in advance for the Service that you receive. If the ad is displayed and then the payment does not clear, you must pay the required amount in some other way. You cannot cancel an ad after submitting payment due to an uncleared payment
  If you purchase an ad which includes a photo, video, or other media, you agree that you must provide digital media for that ad; the Company does not digitize or otherwise format recorded or physical media. If, due to a technical, hardware, or software problem, you are unable to provide media for your ad, you may request a refund for up to 7 days after the purchase of the ad. Refunds will not be given if the request is not received within 7 days of purchase. Within the seven day limit, refunds will not be given for any reason other than an inability to provide digital media; after seven days, refunds will not be given for any reason. Each person is entitled to only one refund in his or her lifetime of using the Service. If you have previously requested and received a refund due to an inability to provide media, the Company can refuse any further requests for a refund. It is assumed that after your first refund you will straighten out any technical difficulties before purchasing another ad.
  The media that you submit may be modified, cropped, shortened, or otherwise altered by the Company. In fact, any Submitted Materials may be edited or modified prior to or after being displayed. The Company is not responsible for the misuse of any Submitted Materials by any third party, or liable for any harm caused by such misuse.
  You agree that the Company may choose, at its sole discretion, to remove accounts or ads based on complaints that it receives or is made aware of. Ads that are removed due to a complaint will be refunded on a prorated basis, in linear proportion to the amount of time remaining on the ad. Ads that are removed for a violation of these TOS will not receive any refund.
15. Use of Submitted Material
  The Company does not verify or guarantee the Submitted Material on the Site. The Company does not endorse or guarantee any statements made by buyers or sellers using the site, including material published on the Site. The Company provides the Site for informational purposes only, and you agree to inspect by other means (outside of the Site) to your satisfaction any horse, product, or service that is displayed on the Site prior to purchase. The Company is not responsible for saving expired, deleted, or altered Submitted Content, and if it does save or retain such content, the Company is not responsible for providing it to you or any third party except as required by law.
16. Termination of Service
  You agree that the Company may, at any time and without notice to you, terminate your use of and/or access to the Service and delete, modify, or remove any of your Submitted Materials. A partial list of reasons for such termination is: (i) violation of these TOS or other posted rules, (ii) technical or network problems, (iii) accidental loss of data, (iv) modification or termination of the Service, (v) complaints received by other Site users, (vi) negative information about you or your business relevant to your Submitted Materials that the Company is made aware of by other means. You agree and understand that the Company may terminate your access to the Service or remove your Submitted Materials for cause at its sole discretion. You agree that the Company is not liable to you or any third party for such an action. You agree that the Company is not required to provide a refund for any payments made to the Company if the Company believes, at its sole discretion, that you have violated these TOS.
17. Warranty Disclaimer
  YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. HUNTERS & JUMPERS LLC, ITS AFFILIATES, OFFICERS, OWNERS, EMPLOYEES, AND PARTNERES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, OR THE SUBMITTED MATERIALS. THE COMPANY MAKES NO WARRANTY THAT THE SERVICE WILL BE SUITABLE FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL BE ACCURATE, ACCESSIBLE, SECURE, OR FREE OF ERRORS. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS AND THE COMPANY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE ABOVE. ALL OF THE SUBMITTED MATERIALS, INCLUDING DESCRIPTIONS OR FEATURES ABOUT HORSES, PRODUCTS, OR SERVICES, ARE PROVIDED BY THIRD PARTIES, AND THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, THAT THIS INFORMATION IS ACCURATE, OR THAT THE PRODUCT, HORSE, OR SERVICE EXISTS, IS OWNED BY THE CLAIMED PARTY, OR MEETS ANY OF THE EXPECTATIONS IMPLIED OR STATED IN THE SUBMITTED MATERIAL. THE COMPANY ALSO DISCLAIMS WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES THAT YOU WILL SELL YOUR HORSE, PRODUCT, OR SERVICE, THAT YOU WILL RECEIVE ANY INQUIRIES ABOUT YOUR AD, THAT ANY INQUIRIES YOU DO RECEIVE WILL BE FROM LEGITIMATE BUYERS, OR THAT THE COMPANY WILL PREVENT FRAUDULENT BUYERS OR SELLERS FROM USING THE SERVICE. NO STATEMENT, ADVICE, OR OTHER COMMUNICATION FROM THE COMPANY SHALL CREATE ANY WARRANTY NOT EXPLICITLY INCLUDED IN THESE TOS.
18. Limitation of Liability
  YOU EXPRESSLY AGREE THAT THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS, AND OWNER(S) SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE, ACCESS TO OR LACK OF ACCESS TO THE SERVICE, UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR YOUR SUBMITTED MATERIALS, THE SITE, THE SUBMITTED MATERIALS, THE ACTIONS OR STATEMENTS OF ANY THIRD PARTY OR SITE USER, YOUR USE OF THE SERVICE, OR THESE TOS, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE MAXIMUM LIABILITY OF THE COMPANY OR ITS AFFILIATES, OWNER(S), EMPLOYEES, OR AGENTS FOR ANY CLAIM EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AGGREGATE AMOUNT PAID BY YOU TO THE COMPANY FOR SERVICES RENDERED UNDER THIS AGREEMENT AND RELEVANT TO THE CAUSE FOR LIABILITY.
19. Exclusions of Limitation of Warranties or Liability
  Some jurisdictions do not allow disclaimers of implied warranties, or the exclusion of limitation of incidental or consequential damanges of implied warranties, so some of the limitations of the previous two paragraphs may not apply to you.
20. Entire Agreement
  These TOS constitute the entire agreement between you and the Company. No other communication or prior agreement shall take its place or waive any of its terms. If any court of competent jurisdiction finds any provision of these TOS or portion thereof to be unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the TOS will remain in full effect. These TOS shall not be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
21. Miscellaneous
  These TOS shall be governed by and construed in accordance with the laws of the state of Georgia without regard to its conflicts of laws provisions. You agree that any cause of action you have with respect to the Company must be exclusively filed in the federal or state courts in Cobb County, Georgia, or the cause is barred. You agree that any action must be filed within a statute of limitations of one year after the cause of the action, or the cause is barred. You hereby agree to jurisdiction in the federal and state courts in Cobb County, Georgia, and waive any objection based on forum non convenes. You waive your right to a jury trial and agree to instead submit any dispute arising out of these TOS to binding Arbitration, administered by the American Arbitration Association under the Commercial Arbitration Rules. Both parties to this agreement can submit such a dispute, and both parties agree that a dispute must be submitted to three arbitrators. The award of the official arbitrators shall be final and binding on both parties, but the award cannot exceed the amount of direct compensatory damages actually incurred by the claiming party, and no punitive or exemplary damages can be awarded. If it is necessary for either party to pay an attorney to enforce any provision or portion of these TOS, then the non-prevailing party agrees to pay to the prevailing party all arbitration fees, and attorney's fees and costs and expenses. You agree that your account and your rights under these TOS are non-transferable and bear no right of survivorship. Failure by the Company to enforce any provision or portion of these TOS shall not be considered a waiver of future enforcement of that or any other provision or portion of these TOS.

Privacy Statement
1. Collection of Your Personal Information
  Hunters & Jumpers collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Hunters & Jumpers does not collect anonymous demographic information.
  There is also information about your computer hardware and software that is automatically collected by Hunters & Jumpers. This information can include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Hunters & Jumpers for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Hunters & Jumpers Web site.
  Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Hunters & Jumpers messaging services, this information may be collected and used by others. Note: Hunters & Jumpers does not read any of your private online communications except those directed to Hunters & Jumpers staff.
  Hunters & Jumpers encourages you to review the privacy statements of Web sites you choose to link to from Hunters & Jumpers so that you can understand how those Web sites collect, use and share your information. Hunters & Jumpers is not responsible for the privacy statements or other content on Web sites outside of the Hunters & Jumpers and Hunters & Jumpers family of Web sites.
2. Use of Your Personal Information
  Hunters & Jumpers collects and uses your personal information to operate the Hunters & Jumpers Web site and deliver the services you have requested. Hunters & Jumpers also uses your personally identifiable information to inform you of other products or services available from Hunters & Jumpers and its affiliates. Hunters & Jumpers may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
  Hunters & Jumpers does not sell, rent or lease its customer lists to third parties. Hunters & Jumpers may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Hunters & Jumpers may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Hunters & Jumpers, and they are required to maintain the confidentiality of your information.
  Hunters & Jumpers does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
  Hunters & Jumpers keeps track of the Web sites and pages our customers visit within Hunters & Jumpers, in order to determine what Hunters & Jumpers services are the most popular. This data is used to deliver customized content and advertising within Hunters & Jumpers to customers whose behavior indicates that they are interested in a particular subject area.
  Hunters & Jumpers Web sites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Hunters & Jumpers or the site; (b) protect and defend the rights or property of Hunters & Jumpers; and, (c) act under exigent circumstances to protect the personal safety of users of Hunters & Jumpers, or the public.
3. Security of Your Personal Information
  Hunters & Jumpers secures your personal information from unauthorized access, use or disclosure. Hunters & Jumpers secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (your name, address, email address and telephone number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
4. Use of Cookies
  The Hunters & Jumpers Web site use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
  One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Hunters & Jumpers pages, or register with Hunters & Jumpers site or services, a cookie helps Hunters & Jumpers to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Hunters & Jumpers Web site, the information you previously provided can be retrieved, so you can easily use the Hunters & Jumpers features that you customized.
  You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Hunters & Jumpers services or Web sites you visit.
5. Changes to this Statement
  Hunters & Jumpers will occasionally update this Statement of Privacy to reflect company and customer feedback. Hunters & Jumpers encourages you to periodically review this Statement to be informed of how Hunters & Jumpers is protecting your information.
6. Contact Information
  Hunters & Jumpers welcomes your comments regarding this Statement of Privacy. If you believe that Hunters & Jumpers has not adhered to this Statement, please contact Hunters & Jumpers at hjhelp@huntersandjumpers.net. We will use commercially reasonable efforts to promptly determine and remedy the problem.