1. ACCEPTANCE OF TERMS
My Saddle Trader’s MySaddleTrader.com website provides trading and sales, which includes classified ads, and listings services which are subject to the provisions of this Terms of Use. By using this website, you are agreeing to comply with all of the terms in this agreement as are now in effect and as such terms may be changed from time to time. If you do not wish to comply with these terms, your sole recourse is to terminate your use of this website.
2. USE OF My Saddle Trader
The My Saddle Trader website “www.mysaddletrader.com” is a website intended to provide a forum for sellers and buyers of saddles. Except as otherwise provided in the Content (as defined in Section 5 below) provided by a seller, the price and other terms of any item listed for sale on the My Saddle Trader website shall be subject to negotiations between the buyer and the seller. The prices listed by sellers on the website also may exclude sales taxes and shipping charges which may cost the buyer extra.. As a seller, you are solely responsible for the Content of the materials you provide on the website and in your emails, and the accuracy of your pricing. Your use of inaccurate or misleading Content shall be grounds for immediate removal of your Content from the website should My Saddle Trader so decide in its sole discretion.
My Saddle Trader conducts no verification about the identity of its sellers and does not guarantee that the sellers or their products they offer on the website or through any website link, and buyers should exercise due care as they would exercise in any commercial transaction. Similarly, My Saddle Trader conducts no verifications of any buyers utilizing its website and it is the responsibility of the seller to ensure that payment will be received for its products. My Saddle Trader merely establishes a forum in which buyers and seller of saddles will be able to buy and sell saddles.
Sellers who advertise on My Saddle Trader’s website shall be permitted to advertise only one product for each advertisement they include on the website. Sellers shall be free to include ratings and reviews of their products on the website provided the ratings, comments, and reviews are not false or misleading and are not in violation of any other third party intellectual property rights. Illegal, obscene, and defamatory Content, and any Content which may violate any privacy rights are prohibited. My Saddle Trader has the right in its sole discretion to remove any Content, including reviews, comments, and ratings which it has reason to belief is false, misleading, illegal, or otherwise objectionable or injurious to My Saddle Trader . My Saddle Trader also reserves the right in its sole discretion to prohibit any seller or buyer from participating on its website if it believes that the seller or the buyer has acted fraudulently, or the Content provided by a seller is not truthful or violates any other party’s proprietary rights. The foregoing, however, does not give any buyer or seller any claims for damages against My Saddle Trader should it fail to act on a potentially fraudulent action by a specific buyer or seller.
3. REGISTRATION.
To obtain access to the website you will be given an opportunity to register with My Saddle Trader. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. My Saddle Trader reserves the right to disallow use of any user name that it deems offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the website through any username/password assigned to you.
By registering and submitting Content to My Saddle Trader, you agree to comply with the terms of this agreement, and any rules or policies established from time to time by My Saddle Trader for postings on its website. You also agree that you will not submit any Content to the website which utilizes or contains software viruses or any other computer code, files or programs which may interrupt, destroy or limit the functionality of the My Saddle Trader website or any My Saddle Trader computer software or hardware or telecommunications equipment or those of any subscribers to the My Saddle Trader website or which may disrupt or otherwise affect the ability of its users to use the website.
You also agree that My Saddle Trader may establish limits concerning the Content submitted by you on the website, including the maximum number of days that Content will be retained on the website and the size of postings, email messages and other information which may be stored on the My Saddle Trader website. You also agree that My Saddle Trader shall be permitted to terminate, modify, or limit the size of any Content submitted on the website without notice.
4. PAYMENT TERMS
In addition, by placing an ad on My Saddle Trader’s web site, you agree to pay the fees specified for the package you select, regardless of whether your product sells as a result of the listing. Take care in selecting your ad package and inputting your ad information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your saddle.
5. CONTENT; COPYRIGHT AND TRADEMARK NOTICES.
You shall be solely responsible for ensuring that the content of all media (downloaded), software, text, files, images, graphics, photographs, trademarks, logos, artwork, postings, and other content which you place on the web site (collectively, “Content”), complies with all copyright, trade dress, and trademark laws, and various other intellectual property rights laws. My Saddle Trader disclaims all responsibility for uses by you of any Content, and you agree to indemnify and defend My Saddle Trader from any violations of any third party’s copyrights, trademarks, and other intellectual property rights in the Content which you use on this website. My Saddle Trader reserves the right, in sole discretion, to terminate your use of this website and/or remove any Content which it has reason to believe is illegal or otherwise may violate any third party copyrights, trademarks, and intellectual property rights. This indemnity provisions in this Section 5 shall survive the termination of your use of the website.
6. DISCLAIMERS TO BUYERS AND OTHER USERS OF THE WEBSITE REGARDING CONTENT AND USE OF THIS WEBSITE.
As a buyer or other user of this website, you understand that Alum-Tech does not control, and is not responsible for Content made available through the services offered on this website, and that by using this website as a potential buyer, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable or may be fraudulent. My Saddle Trader makes no representations or warranties to user of this website as to the accuracy, completeness or authenticity of the information contained on this website or the authenticity or accuracy of any seller or other provider of any of the information provided on the My Saddle Trader website. My Saddle Trader will use best efforts to remove any misleading or offensive comments for which it receives actual notice, but shall have no responsibility to ensure that the Content is acceptable. YOU AGREE TO BEAR ALL RISKS RELATED TO THE CONTENT ON THE WEBSITE AND YOU ARE ADVISED TO CONSIDER THE VALIDITY AND COMPLETENESS OF THE CONTENT ON THE WEBSITE BEFORE YOU TAKE ANY ACTIONS. You agree that under no circumstances will My Saddle Trader be liable in any way for any Content or for any loss or damage of any kind incurred by you as as a result of the use of any Content posted, emailed or otherwise made available through its website. In addition, in no event shall My Saddle Trader be liable for any links to any other websites that may posted on its own website with respect to the Content posted on the website by third parties or other provider of any Content on the website. You agree that My Saddle Trader shall not be liable should you elect to engage in any transaction to those linked websites, and you do so at your sole risk.
7. OWNERSHIP OF WEBSITE
The website and the materials and designs comprising this website are the sole and exclusive property of My Saddle Trader and are protected by U.S. copyright laws. Except as explicitly provided in this Agreement and except for your own personal noncommercial use, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise use or exploit any of the materials on this website. You also may not copy, store, or distribute copies of this website in any form without the prior written consent of My Saddle Trader. In addition, links, such as hypertext links are permitted provided they do not suggest that My Saddle Trader supports or endorses your site or your product.
By submitting Content to this website, you grant My Saddle Trader and its affiliates, successors and licensees all rights to the Content submitted, including a nonexclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, and display such Content for the website, for marketing purposes, and to maintain the material in an archive. This would include the right by My Saddle Trader and its successors and assigns to use your name, image and likeness in connection with marketing without cost.
8. CONTENT; COPYRIGHT AND TRADEMARK NOTICES.
You shall be solely responsible for ensuring that the content of all media (downloaded), software, text, files, images, graphics, photographs, trademarks, logos, artwork, postings, and other content which you place on the web site (collectively, “Content”), complies with all copyright, trade dress, and trademark laws, and various other intellectual property rights laws. My Saddle Trader disclaims all responsibility for uses by you of any Content, and you agree to indemnify and defend My Saddle Trader from any violations of any third party’s copyrights, trademarks, and other intellectual property rights in the Content which you use on this website. My Saddle Trader reserves the right, in sole discretion, to terminate your use of this website and/or remove any Content which it has reason to believe violates any third party copyrights, trademarks, and intellectual property. This indemnity provisions in this Section 8 shall survive the termination of your use of the website.
My Saddle Trader is the registered owner of the My Saddle Trader trademarks, trademarks or service marks of My Saddle Trader and all My Saddle Trader graphics, icons, logos and service names are registered trademarks, trademarks or service marks of My Saddle Trader and the use of any My Saddle Trader trademark or service mark without My Saddle Trader’s express written consent is strictly prohibited.
9. DISCLAIMERS REGARDING CONTENT AND YOUR USE OF THE WEBSITE.
You understand that My Saddle Trader does not control, and is not responsible for Content made available through the services offered on this website, and that by using this website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable or may be fraudulent. My Saddle Trader makes no representations or warranties as to the accuracy, completeness or authenticity of the information contained on this website or the authenticity or accuracy of the provider of any of the information provided on the My Saddle Trader website. My Saddle Trader will use best efforts to remove any misleading or offensive comments for which it receives actual notice, but shall have no responsibility to ensure that the Content is acceptable. YOU AGREE TO BEAR ALL RISKS RELATED TO THE CONTENT ON THE WEBSITE AND YOU ARE ADVISED TO CONSIDER THE VALIDITY AND COMPLETENESS OF THE CONTENT ON THE WEBSITE BEFORE YOU TAKE ANY ACTIONS. You agree that under no circumstances will My Saddle Trader 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 any Content posted, emailed or otherwise made available through its website. In addition, in no event shall My Saddle Trader be liable for any links to any other websites that may posted on its own website with respect to the Content posted on the website by third parties or other provider of any Content on the website. You agree that My Saddle Trader shall not be liable should you elect to engage in any transaction to those linked websites, and you do so at your sole risk.
10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND IDEMNIFICATION
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." MY SADDLE TRADER CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). MY SADDLE TRADER DOES NOT GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY SADDLE TRADER WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THE WEBSITE BY YOU OR ANY OTHER THIRD PARTY.
UNDER NO CIRCUMSTANCES WILL MY SADDLE TRADER BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF MY SADDLE TRADER IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MY SADDLE TRADER, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MY SADDLE TRADER AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE THROUGH THE MY SADDLE TRADER WEBSITE.
11. PRIVACY RIGHTS
My Saddle Trader has established a privacy policy with respect to the use of the information collected and used on its website. By using this website, you agree that My Saddle Trader has the rights in its sole discretion to disclose your Content, as well as your email addresses, IP addresses, and other information as permitted or as may be required by law or to enforce its rights under this agreement.
12. INDEMNITY.
You agree to indemnify and hold My Saddle Trader , its officers, members, employees, successors, and assigns harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available on My Saddle Trader ’s website, your use of the website, or any violation of the terms of this Agreement or the use of any Content submitted by you which violates any intellectual property or privacy rights or any other party. You agree that this provision shall survive the termination of your use of the website as a seller or as a buyer.
13. MISCELLANEOUS
This Agreement has been made in, and will be construed in accordance with the laws of, the State of New York. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Monroe County, New York in all disputes arising out of or relating to this Agreement or use of this website. Any claim or cause of action arise out of or relating to your use of this website or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
My Saddle Trader reserves the right, in its sole discretion, to change or modify the terms of this agreement at any time, and the change shall be effective immediately upon the posting of the changed terms on this website. You agree to review this agreement periodically to keep up with the modifications.
If you believe that any of the Content violates any copyrights or other intellectual property, please notify wbabcock@mysaddletrader.com.