Terms of Use/Privacy

Terms and Conditions of Use

This website – www.horsesofcanada.com (now referred to as ‘Site’)– including any subpages accessible via the above URL are owned by Christy Urban and maintained under the trade name Horses of Canada and Horses of America (now referred to as HOCHOA). The ‘user’ henceforth is any person, corporation or other entity accessing, browsing or using the Site in any way. The ‘user’ can also be referred to as ‘you’. When you browse or use this Site you automatically agree without limitations or qualification to the terms and conditions set forth below.

We may alter and/or update our Terms and Conditions of Use (now referred to as TCU) at anytime without notice given to the user. You can view the most up to date version of our TCU at www.horsesofcanada.com/TermsPrivacy , as soon as the updates are online they are relevant and apply. By continuing to use the Site after changes have been made to the TCU you indicate your acceptance of those changes. Certain sections such as our ‘Services’ have their own guidelines which must be adhered to, they include and are in addition to the TCU. Certain subpages of the Site, such as those listed in the Partners section may not be affiliated with HOCHOA and therefore have their own TCU, which can be accessed on each separate site. We are not responsible for the Content of horse listers (users) online files. Any inappropriate text, image or video uploads will result in that members ban from the Site and appropriate legal measures.

Your Right to Use this Site and Its Contents

You have the right to use this site for your own personal use. You may not distribute, modify, sell or transmit anything you copy from this site, unless you have the written authorization from the owner of the material – this includes but is not limited to any text, images and video for any business, commercial or public purposes. With your agreement to the TCU, HOCHOA offers you non-exclusive, non-transferable, limited right to enter, display horse listings and use this Site in general. You agree not to attempt to alter or interrupt the functioning of this Site in any way.

Ownership of Site

All materials on this Site including but not limited to design elements, images, text and software are protected under Canadian and International copyright laws (now referred to as ‘Content’). You agree to adhere to the instructions on the Site limiting the way you use the Content. By displaying Trademarks and other Content on the site, this is not permission to utilize those proprietary logos and other Content available. Any unauthorized use of the Content will put you in direct violation of copyright and trademark laws. You may download one copy of pictures and videos displayed on the Site for your own personal viewing and sharing with advisors. This Content is not for public or commercial viewing and is not to be traded or defaced in anyway, this includes not removing logos, trademarks or other notices.

Description of Site and Service

The site provides many services for users, they include but are not limited to horse listing and advertising based on a monthly fee, multimedia services, videography and photography, member and guest accounts, webpage design and business consulting, partner links and shipping quote services, free want ads and feedback reference pages, horse evaluations, agent services, newsletter service (all features now referred to as the ‘Service’). Any new services added will be subject to the TCU. If at anytime users would not like to partake in receiving the newsletter they may advise a removal of their E-mail. You understand that the ‘Service’ is offered as is with no guarantees of timeliness, deletion, mis-delivery or failure to store any user communications or personal information. It is your responsibility to obtain and purchase access to the Site and Service via 3rd party providers such as an Internet service provider. You are responsible for any costs associated with obtaining equipment necessary to use the Service such as a computer.

User Rules

This website has areas where you can upload materials such as text, pictures and video. When using any of these areas, you agree not to post, send, transmit, upload or otherwise publish through this Site, any materials that A) negatively interfere with anyone else’s use of the Site, B) are abusive, indecent, obscene, offensive or threatening in any way, to adults or children C) suggest to anyone to break Canadian or International law, D) violate anyone’s copyright or other property right, E) interfere with the privacy of any other user, F) contain a virus or any other harmful component G) contain any false or misleading statements of fact or descriptions. H) upload, post or communicate private information or here say about other individuals which might be considered slanderous to that party I) upload, post or communicate unauthorized advertising, or commercial materials including spam, junk mail or any other form of solicitation J) tamper or interfere with the the running of the Site, servers or network K) harass or ‘stalk’ any Site users or HOCHOA L) Collect and keep, use or distribute private information about users of the Site for private, public or commercial purposes including but not exclusive to E-mails and other contact information. Users must only use their own login account and never access a second party’s account or impersonate another person on this Site nor impersonate an HOCHOA representative. You agree to comply with any additional terms which are stated on this Site.

As a user if you identify any material that is offensive or inappropriate please notify HOCHOA immediately. Using our own discretion we will remove any material that is not consistent with the mission of the Site. If you identify any horses whom you think might be stolen or any horses matching the description of a missing horse, notify us right away and we will contact the appropriate authorities and possibly remove the horse once verification of your suspicion has been made. Please inform us if you suspect our TCU has been violated.

Content Submitted by User

HOCHOA does not claim ownership of Content submitted by users for public viewing. You accept however, that from time to time HOCHOA may use this public Content to help promote our services world-wide. You agree to give us royalty free and non-exclusive license(s) with respect to reproducing, modifying, adapting and publicly showing or displaying such Content. This license exists in perpetuity. This license does not apply to any personal information in a Users account.

You agree that HOCHOA has the right to remove any Content listed by users that we consider spamming.

You understand that HOCHOA has no liability or responsibility for the accidental deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.

Conditions of Services

User agrees to pay in advance, all amounts or fees owed to HOCHOA for Services requested. HOCHOA cannot guarantee the timeliness of service delivery but will make every attempt to act as soon as possible once information and payment have been made by user. HOCHOA is not responsible for time delays caused by users.

Regarding horses listed: once payment and video have been received your horse listing will be activated. Horses listings will not be activated unless all online forms are filled out, picture(s) uploaded, video received and uploaded by HOCHOA, and payment made by user. Horse listings are non-transferable between users. The degree of inquiries your horse listing attracts cannot be guaranteed by HOCHOA as the saleability of a horse depends on factors that cannot be controlled by HOCHOA including but not limited to soundness of horse, breed-ability, age, height, health, training, temperament, color, show experience etc. Site statistics are not available on a per horse basis. HOCHOA does not expressly or impliedly guarantee the sale of your horse. All horse profiles are subject to editorial changes to maintain the reputation and consistency of the Site. It is your responsibility to request removal of your horse listing from the Site, if you would like us to take it out of our public listings. Failure to request removal of horse listing before the 28th of the month will mean that you will automatically be charged for the following months listing fees, no exceptions, no refunds. HOCHOA is not responsible for any typos or accidental errors within the horse listing or anywhere else in the Content. HOCHOA is not responsible for violations, errors or misinformation displayed by any user/customer. Violations include but are not limited to any unlawful copyright or trademark/patent infringements, or the breaking of Canadian or international law. Violations also include inappropriate defamatory, libellous, obscene, pornographic, profane, threatening, or unlawful text, pictures, video or any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law. Although HOCHOA may review postings on the Site, HOCHOA is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. HOCHOA may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate HOCHOA's policies in any way. HOCHOA, in its sole discretion, may display your classified ad on any, some or all of its partner websites without your consent in order to increase your horse’s exposure. With an E-mail or phone request we will remove your listing from a partner’s website. If you feel you have been contacted by an illegitimate buyer who you feel might have a criminal intent HOCHOA encourages you to contact local authorities and the Internet Fraud Complaint Center. HOCHOA reserves the right to remove/modify or not remove any horse listing as per instructions by a court of law or the Police. Due to the fluctuating nature of horse classified ads, we are not responsible to saving past variations of profiles or videos or for recovering them.

If you provide personal information for horse buyers to contact you on your horse profile, elsewhere on the Site, or via phone or E-mail, HOCHOA is not responsible for 3rd party misuse of this information.

HOCHOA may add, change, discontinue, remove, or suspend any other Content posted on this Site, including features and specifications of services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

Transmissions/Communication

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code).

Not Responsible/No Guarantees or Warranty

HOCHOA does not and cannot guarantee the sale of any advertised horses on the Site. We do not and cannot guarantee the horse seller’s truthfulness in how they represent their horse through any means on the site as we do not control Content. We do not guarantee the fitness or performance of any horse listed. HOCHOA recommends strongly that buyers always get independent veterinarian inspections before making final purchases, and get equine insurance to be implemented upon signing of the bill of sale.

You agree that you will not hold HOCHOA or any its representatives liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if HOCHOA has been advised of the possibility of such damages) resulting from the following: the use or inability to use the Service, the cost of acquiring substitute goods and Services resulting from dissatisfaction with the Service, unauthorized access or alteration of your transmissions or data, statements or conduct of any third party on the Service, or any other matter relating to the Service.

You undisputedly understand and agree that the use of the Service is at your sole risk and is offered ‘as is’ and ‘as available’. HOCHOA disclaims all warranties of any kind, expressed or implied, including but not limited to the implied warranties of merchantability, usefulness for a particular purpose and non-infringement. We offer no warranty that the Service will meet your requirements, that the Service will be uninterrupted, timely, secure, or error-free, that the Service will meet your expectations, that any Website errors or software errors will be corrected. Further we cannot guarantee that the Site use and Service use will not damage your computer or lead to data loss. No advice or information, whether oral or written, obtained by you from HOCHOA or through or from the Service shall create any warranty not expressly stated in the TOU. A very small percentage of users may experience epileptic seizures when exposed to certain light patters or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue use of the Site and Service and consult your doctor if you experience any of the following symptoms while using the Site or Service – dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement or convulsions.

The Service is provided solely as an information source, HOCHOA is not responsible for any misunderstood, misinterpreted or false information on the Site, by HOCHOA or its users. HOCHOA or any of its representatives are not liable to users for any financial decisions they make based on this information including but not limited to horse investment and/or loans.

Links

For your convenience only, this Site contains links to other websites on the Internet. We are not responsible for the content of any website linked to or from this Site. Links from this Site to any other website is not a statement that HOCHOA approves, endorses or recommends that website. HOCHOA disclaims all warranties, express or implied regarding the accuracy, legality, reliability or validity of any content on any other website. You agree that HOCHOA shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such website linked to ours.

Contests

From time to time, this Site might host contests that offer prizes and require you to send in material or information about yourself. Each contest has its own rules, which you must read and adhere to before entering in addition to the TCU.

Registration Commitments

If you would like to use our Service, you must be of legal age to enter into any binding contract and you must not be a person barred from receiving services under Canadian or International Law. You agree to the following:

a) provide truthful, accurate and complete information about yourself as requested by the Site’s online forms.

b) maintain and update your personal account and horse listing information. If you provide us information that is untrue, inaccurate, not current or incomplete, or if HOCHOA has reason to believe that such information is untrue, inaccurate, not current or incomplete HOCHOA has the right to suspend or cancel your account and refuse any and all current and future use of the Service (or portion) and Site.

c) If the user allows an underage person to access their Account on the Site, the user must be over 18 years old and the legal guardian or parent of the underage person referred to above. The child must be monitored and the parent or user in this case takes full responsibility for their child’s use of their Account. If you allow your child to use the Site, you understand that the Site has been designed for a broad audience and HOCHOA won’t be held liable for your child getting into areas that are not age appropriate.

d) You are authorized to create Content for a 3rd party user as long as you have their undisputed permission and as long as both you and they agree to the TCU.

Rules for Kids

If you are under 16, you should ask your parents or a guardian before you:

• E-mail the Site, or ask us to E-mail anything to you
• Send in any information
• Enter any contest that requires information about you or offers a prize
• Post any information in an account
• Buy anything online

Service Availability

All Services displayed on the Site might not be available for purchase in every country or locality. The reference to such services on the Site does not imply or warrant that these services will be available at any time in your particular location. You should check with an HOCHOA representative (see www.horsesofcanada.com/contact ) for availability in your area.

Termination of Service

HOCHOA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently the Services (or any part thereof) with or without notice. You agree that HOCHOA will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You understand and accept that HOCHOA may under certain circumstances and without prior notice, immediately terminate your User account and any associated Content and possibly your access to the Service. Reasons for account or Content termination, restrictions and/or deletions include but are not limited to a violation of the TOU or other Site guidelines, requests by police or law enforcement agencies, a request by you to have your account or Content deleted, unexpected security or technical issues or extended periods of inactivity, failure to pay for any Services you’ve requested which have been provided.

Account deletion in full will include anything in your guest or member account including your personal account information, Horsebox inputs, Horse History, Payment, Buyer Profile and Feedback submissions thereby barring any further use of the Service. Account termination will be at HOCHOA’s sole discretion and we shall not be liable to you or any 3rd party for termination of your account or access to the Service.

Security – Member Account

Once you sign on for a Guest or Member account on the Site, it is your responsibility to keep your username password combination private and secret. You are fully responsible for all activities that go on in your account whether authorized by you or not. If you should suspect unauthorized use of your account you will notify HOCHOA immediately. Be sure to exit your account after each use so a third party can’t access your account. HOCHOA shall not be liable for any loss or damage arising from your failure to keep your account private and confidential, including but not limited to any unauthorized use.

You understand that HOCHOA can delete user accounts that have been inactive for extended periods of time.

General Provisions

These TCU and any additional terms posted on this Site together constitute the entire agreement between HOCHOA and you with respect to your use of this Site. Any cause of action you may have with respect to your use of this 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 these TCU, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this agreement, and the remainder of these TCU shall continue in full force and effect. These TCU shall be governed by and construed with accordance with the laws of the province of Alberta, Canada without reference to its conflicts of law rules.

Indemnity

You agree to indemnify and hold HOCHOA, agents or other partners and employees harmless against and with respect to any action, suit, proceeding, demand, assessment, judgement, loss, cost, liability, damage or expense, including attorneys’ fees and court costs now existing or hereafter arising as a proximate result of Content you submit, post, transmit or make available through our Service, your use of the Service, your connection to the Service, your violation of the TCS or violation of any international, federal, provincial, law and/or regulation relating to your use of the Service and Site.

Risk Acceptance

As a user of this Site you have evaluated the risks associated which include but are not limited to: misuse of your information by third parties, all risks relating to Content accuracy anywhere on the site or possible computer damage.

You understand that HOCHOA has the right to access, preserve and disclose your account information and Content if required to do so by a court of law or if HOCHOA believes that such access, preservation or disclosure of such information is reasonably necessary to comply with the legal process, enforce the TCU, respond to user claims about Content violations and protect 3rd party rights, respond to your customer service requests or to protect the rights, property and/or personal safety of the public, users and even HOCHOA itself.

You understand that the technical maintenance, processing and transmission of this Site and Service may involve various networks and that changes may be made at different times which may involve some unavoidable downtime.

You accept that the Software as part of the Site may include security components that permit digital materials to be protected, use of these materials is subject to usage rules of HOCHOA and/or Content providers who contribute to the Site. You are not authorized to violate these protective mechanism or try to get around our security measures that are built into the Service. Any reproduction, distribution, publication or public displaying of any aspect of the Site is strictly prohibited unless permission is given in writing.

No Service Reselling or Site/Software Plagiarism

You are not authorized to copy, sell, trade, duplicate, reproduce, resell or exploit for any commercial purposes, any portion of the Service. You are not authorized to present yourself falsely as an HOCHOA representative at any time.

The software created to make the Site and Service function are owned by HOCHOA and are confidential and protected intellectual property by Canadian and International Law. No User is allowed to copy, reproduce, modify, change, alter, loan, distribute, share, sell or created derivative works based on our Site or Software in whole or part.

HOCHOA allows you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a private computer, provided that you do not allow any 3rd party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including but not limited for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HOCHOA for the purpose of accessing the Service.

User Plagiarism

Users understand and agree that they can only submit text, pictures, video and any other multimedia with the explicit permission of its creator. Proofs are not allowed to be posted anywhere on the Site. HOCHOA has the right to remove without prior notice any suspicious Content that may infringe copyright or intellectual property laws.

If you think you have found a violation of copyright of HOCHOA’s Software, Site or Service, or if you find user plagiarism please report to:
Horses of Canada
6207-93A avenue, Edmonton, Alberta, Canada
fax: 1-514-370-4080

Privacy

HOCHOA collects personal information from our users when they sign on for their Guest or Member account. HOCHOA is the sole owner of this information and will not sell, share or rent this information to 3rd parties unless: necessary for our payment provider to process credit card payments, requested by a law enforcing official, under exigent circumstances to protect the personal safety or property of our users, the public, or ourselves, or on horse ads/want ads/feedback/Partner links as ‘contact’ information (we use contact forms rather than listing user E-mails directly on the site, a users name, city, province/state and country will be listed along with their phone number for horse listings). This contact information which is displayed on the Site is only done so for the purpose of enabling buyers and sellers and users in general to contact one another; it is not meant to be collected for the sake of business solicitation or for any commercial purpose. Any violation of this policy will be considered theft.

Unless you instruct us otherwise, we will add all guest and member E-mails automatically to our newsletter, any user wishing to be removed from the newsletter may make an E-mail or phone request to inform us and their E-mail address will be removed from our list. Our newsletter includes website updates and horse updates.

While HOCHOA cannot guarantee that unauthorized access will never occur, rest assured that HOCHOA takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures both online and offline.

When a user inputs particularly sensitive information such as a credit card number, that information is protected through SSL encryption and is transferred on a secure page such as our order form (note the https: in the web address). We do not keep credit card numbers locally even for those with reoccurring monthly billing. We have a dedicated server which holds our database and guest/member account information for added security.

Notice to parents, and children under the age of 13. It is very important to ensure the safety of your child to prevent them from providing any personally identifiable information anywhere on the public Site. HOCHOA believes that children using the Internet require special protection and we urge parents/guardians to explain Internet safety to their children.

We have several 3rd party sites linked on our Site, we encourage users to view the privacy policies of those sites. The above privacy policy is only applicable for HOCHOA Sites.

Please feel free to contact HOCHOA if you have any questions or comments:
Horses of Canada / Horses of America
6207-93A avenue, Edmonton, Alberta, Canada, T6B 0X1
office: 780-433-7370
fax: 1-514-370-4080