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1.
ACCEPTANCE OF TERMS Welcome to Morganshowcase.com. Morganshowcase.com
provides its service to you, subject to the following Terms of
Service ("TOS"), which may be updated by us from time to time
without notice to you. In consideration for your use of Morganshowcase.com
Services, you agree to accept all TOS, together with any modifications
or amendments thereto. Throughout the TOS, the term "you" shall
mean the user of the service, whether that user is a natural person,
corporation or other entity. You can review the most current version
of the TOS at any time at: http://www.morganshowcase.com/terms.html.
In addition, when using particular Morganshowcase.com services,
you and Morganshowcase.com shall be subject to any posted guidelines
or rules applicable to such services, which may be posted from
time to time. All such guidelines or rules are hereby incorporated
by reference into the TOS. Morganshowcase.com may also offer other
services that are governed by different Terms of Service.
2.
DESCRIPTION OF SERVICE Morganshowcase.com currently provides
users with access to Morgan horse advertising services. You understand
and agree that the Service may include advertisements and that
these advertisements are necessary for Morganshowcase.com to provide
the Service. You also understand and agree that the Service may
include certain communications from Morganshowcase.com, such as
service announcements, administrative messages, and advertising
partner messages. Unless explicitly stated otherwise, any new
features or Services that augment or enhance the current Service,
including the release of new Morganshowcase.com properties, shall
be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that Morganshowcase.com assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store
any user communications or personalization settings. You are responsible
for obtaining access to the Service and that access may involve
third party fees (such as Internet service provider or airtime
charges). You are responsible for those fees, including those
fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment
necessary to access the Service.
3. CONDITIONS OF ADVERTISEMENT SERVICES Morganshowcase.com
does not expressly or implicitly guarantee the sale of your horse,
your horse's services, nor the owner's products or services. All
advertisement listings are subject to reasonable editorial changes
to maintain the integrity and prestige of our service. If you
provide contact information for people interested in your horse(s)
products or services, Morganshowcase.com is not responsible for
any misuse of this information. It is your responsibility to notify
Morganshowcase.com by e-mailing tami@morganshowcase.com when your
horse is sold so that we may remove your ad from the website upon
sale or transfer. Morganshowcase.com is not responsible for typos
or accidental errors appearing on the service. Morganshowcase.com
is not responsible for violations created or caused by service
users and/or customers. Potential violations include, but are
not limited to: copyright, trademark, trade names, patents, or
other violations of any local, state, federal or international
laws. Morganshowcase.com, in its sole discretion, may display
your ad on any, some or all of its partner Networks without your
consent. We suggest that you report any incidents of fraud to
the Internet
Fraud Complaint Center and your local authorities. Subject
to court order or law enforcement directions Morganshowcase.com
reserves the right to remove or not remove an ad based on the
accusation of fraud. Postings on Morganshowcase.com are dynamic
and Morganshowcase.com is not responsible for saving variations
and changes to postings. Morganshowcase.com does not as a matter
of course retain copies of expired postings.
4.
NO GUARANTEE Morganshowcase.com does not guarantee the sale
of your horse, your horse's services, your products or services
or any other product or service advertised on Morganshowcase.comÕs
site. Morganshowcase.com does not guarantee the owner/seller's
services, representations, or any horse's performance or fitness
for a particular purpose. In addition, Morganshowcase.com strongly
recommends that a pre-purchase exam should be performed by the
buyer's equine veterinarian of choice, on any horse prior to purchase.
Morganshowcase.com does not guarantee or warrant the performance
of any person or entity advertising on its site. Morganshowcase.com
does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such
Content.
5.
YOUR REGISTRATION OBLIGATIONS In consideration of your use
of the Service, you represent that you are of legal age to form
a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's
submission form and (b) maintain and promptly update the Contact
Data with the webmaster
to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current
or incomplete, or Morganshowcase.com has reasonable grounds to
suspect that such information is untrue, inaccurate, not current
or incomplete, Morganshowcase.com has the right to suspend or
terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
6.
VIOLATIONS If you see slanderous or malicious Content on our
site, please notify us.
We will, in our sole discretion remove any Content deemed malicious,
scandalous, harmful or inconsistent with the integrity and prestige
of our Service. If you see a possible stolen or missing horse
listed on our site for sale, please contact
us and it will be removed as soon as possible after verification
of claim has been received from an appropriate authority. Please
report any violations of the TOS to our Morganshowcase.com.
7.
ACKNOWLEDGMENT OF RISK You agree that you have evaluated the
risks of using the Service, including, but not limited to, misuse
of your information by third parties, damage to your computer
or system through the use of the Service and bear all risks associated
with the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. As a result, you
agree to assume all risks associated with the use of any Content.
In this regard, you acknowledge that you may not rely on any Content
created by Morganshowcase.com. You acknowledge, consent and agree
that Morganshowcase.com may access, preserve, and disclose your
account information and Content if required to do so by law or
Morganshowcase.com reasonably believes in good faith that such
access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or (e) protect
the rights, property, or personal safety of Morganshowcase.com,
its users and the public. You understand that the technical processing
and transmission of the Service, including your Content, may involve
(a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or
devices. You understand that the Service and software embodied
within the Service may include security components that permit
digital materials to be protected, and use of these materials
is subject to usage rules set by Morganshowcase.com and/or content
providers who provide content to the Service. You may not attempt
to override or circumvent any of the usage rules embedded into
the Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on
the Service, in whole or in part, is strictly prohibited.
8.
INTERNATIONAL USE You acknowledge the global nature of the
Internet and you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree
to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country
in which you reside.
9.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Morganshowcase.com does not claim ownership of any Content you
submit or make available for inclusion on the Service. However,
with respect to Content you submit or make available for inclusion
on publicly accessible areas of the Service, you grant Morganshowcase.com
the following world-wide, royalty free and non-exclusive license(s),
as applicable: The license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the
Service solely for the purposes of providing and promoting Morganshowcase.com
to which such Content was submitted or made available. This license
exists in perpetuity. "Publicly accessible" areas of the Service
are those areas of the Morganshowcase.com network of properties
that are intended by Morganshowcase.com to be available to the
general public.
10.
INDEMNITY You agree to indemnify and hold Morganshowcase.com,
its subsidiaries, affiliates, officers, agents, co-branders or
other partners and employees harmless against and with respect
to any action, suit, proceeding, demand, assessment, judgment,
loss, cost, liability, damage or expense, including attorneysÕ
fees and court costs, now existing or hereafter arising as a proximate
result of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection
to the Service, your violation of the TOS or violation of any
international, federal, state or local treaty, statute, law and/or
regulation relating to your use of the Service.
11.
NO RESALE OF SERVICE You agree not to reproduce, duplicate,
copy, sell, trade, resell or exploit for any commercial purposes,
any portion of the Service (including your Morganshowcase.com
ID), use of the Service, or access to the Service. You may create
Content on behalf of another so long as they have agreed to all
site terms. You may not present or hold yourself out as a representative
of Morganshowcase.com or represent Morganshowcase.com in any way.
12.
GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge
that Morganshowcase.com may establish general practices and limits
concerning use of the Service, including without limitation the
maximum number of times (and the maximum duration for which) you
may access the Service in a given period of time. You agree that
Morganshowcase.com has no responsibility or liability for the
deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You
acknowledge that Morganshowcase.com reserves the right to log
off accounts that are inactive for an extended period of time.
You further acknowledge that Morganshowcase.com reserves the right
to modify these general practices and limits from time to time.
13.
MODIFICATIONS TO SERVICE Morganshowcase.com reserves the right
at any time and from time to time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without
notice. You agree that Morganshowcase.com shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of the Service.
14.
TERMINATION You agree that Morganshowcase.com may, under certain
circumstances and without prior notice, immediately terminate
your Morganshowcase.com account, any associated Content, and access
to the Service. Grounds for such termination shall include, but
shall not be limited to, (a) breach or violations of the TOS 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, and/or (f) extended
periods of inactivity, (g) failure to pay for the Service, and
(h) violations of any law, statute, treaty or rule pertaining
to your use or connection to the Service. Termination of your
Morganshowcase.com account includes (a) removal of access to all
offerings within the Service, (b) deletion of your files and content
associated with or inside your account (or any part thereof),
and (c) barring further use of the Service. Further, you agree
that all terminations for cause shall be made in Morganshowcase.com's
sole discretion and that Morganshowcase.com shall not be liable
to you or any third-party for any termination of your account,
any associated email address, or access to the Service.
15.
DEALINGS WITH ADVERTISERS Your correspondence or business
dealings with, or participation in promotions with, advertisers
or free listings to relative services and businesses found on
or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between
you and such advertiser. You agree that Morganshowcase.com shall
not be responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of
the presence of such advertisers on the Service.
16.
LINKS The Service may provide or third parties may provide
links to other World Wide Web sites or resources. Because Morganshowcase.com
has no control over such sites and resources, you acknowledge
and agree that Morganshowcase.com is not responsible for the availability
of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that Morganshowcase.com 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 use of or reliance on any such Content, goods or services
available on or through any such site or resource.
17.
MORGANSHOWCASE.COM'S PROPRIETARY RIGHTS You acknowledge and
agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to
you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by Morganshowcase.com
or advertisers, you agree not to use, modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service
or the Software, in whole or in part. Morganshowcase.com grants
you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software on a single computer; provided
that you do not and do not allow any third 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 without limitation 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
Morganshowcase.com for use in accessing the Service.
18.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE
THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MORGANSHOWCASE.COM
EXPRESSLY 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.
MORGANSHOWCASE.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM MORGANSHOWCASE.COM OR THROUGH OR FROM THE SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. A SMALL PERCENTAGE
OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS 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 SERVICE AND CONSULT
YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS
WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE
TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
19.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE
THAT MORGANSHOWCASE.COM, ITS OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR
AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MORGANSHOWCASE.COM HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE. 23. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND
17 MAY NOT APPLY TO YOU.
20.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any Service, receive or request
any news, messages, alerts or other information from the Service
concerning loans, insurance or other financial, real estate or
legal services or issues, please read the above Sections 16 and
17 again. The Service is provided for informational purposes only.
Morganshowcase.com, its agents, officers, employees, successors,
assigns or licensors shall not be responsible or liable for the
accuracy, usefulness or availability of any information transmitted
or made available via the Service, and shall not be responsible
or liable for any decisions made based on such information.
21.
NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise
expressly provided in this TOS, there shall be no third party
beneficiaries to this Agreement.
22.
NOTICE Morganshowcase.com may provide you with notices, including
those regarding changes to the TOS, by either email, regular mail,
or postings on the Service.
23.
TRADEMARK INFORMATION The Morganshowcase.com logo, Morganshowcase.com
and Morganshowcase.com Network logo, trademarks and service marks
and other Morganshowcase.com logos and product and service names
are trademarks of Morganshowcase.com, Inc. (hereinafter collectively
the "Morganshowcase.com Marks"). Without Morganshowcase.com's
prior written permission, you agree not to display or use in any
manner, the Morganshowcase.com Marks.
24.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT Morganshowcase.com respects the intellectual
property of others, and we ask our users to do the same. Morganshowcase.com
may, in appropriate circumstances and at its discretion, disable
and/or terminate the accounts of users who may infringe on the
copyrights of others. 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 Morganshowcase.com's
Copyright Agent the following information: an electronic or physical
signature of the person authorized to act on behalf of the owner
of the copyright or other intellectual property interest; a description
of the copyrighted work or other intellectual property that you
claim has been infringed; a description of where the material
that you claim is infringing is located on the site; your address,
telephone number, and email address; a statement by you that you
have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; a statement by
you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual
property owner's behalf. Morganshowcase.com's Agent for Notice
of claims of copyright or other intellectual property infringement
can be reached as follows: By mail: Copyright Agent c/o Morganshowcase.com, 685 Pattington Lane, Union, MO 63084-4222; By fax: (636)
583-0920.
25.
GENERAL INFORMATION Entire Agreement. The TOS constitute
the entire agreement between you and Morganshowcase.com and governs
your use of the Service, superseding any prior agreements between
you and Morganshowcase.com. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain
other Morganshowcase.com services, affiliate services, third-party
content or third-party software. Choice of Law and Forum.
The TOS and the relationship between you and Morganshowcase.com
shall be governed by the laws of the State of Missouri without
regard to its conflict of law provisions. Waiver of Jury Trial;
Arbitration. You agree to submit any dispute arising out of
this Agreement to binding Arbitration. Either party may submit
any dispute arising out of the terms of this Agreement to binding
arbitration administered by the American Arbitration Association
under the Commercial Arbitration Rules. Judgment on the award
rendered by the arbitrators may be entered in any court having
jurisdiction. The parties agree that any such controversy shall
be submitted to three arbitrators selected pursuant to the provisions
of the American Arbitration Association Commercial Arbitration
Rules. This arbitration agreement applies regardless of the claims
or causes of action alleged. The arbitratorsÕ award will be final
and binding, but in no event can an award exceed the amount of
direct compensatory damages actually incurred by the claiming
party, and no party can recover for anything other than the benefit
of the bargain under the agreement. The parties further agree
that no punitive or exemplary damages can be considered or awarded
by the arbitrators. The parties agree that the American Arbitration
Association Commercial Arbitration Rules are modified as follows:
the procedures set forth in Missouri's Rules of Civil Procedure
applicable in Missouri will govern the arbitration, including
those relating to disclosures and listing of witnesses and exhibits,
initiation and completion of discovery, and dispositive motions.
The parties agree that any arbitration conducted in this case
shall be held in Warren County, Missouri. Attorneys' Fees.
In the event it becomes necessary for any party to employ
counsel to enforce any of the provisions of the TOS, or the breach
thereof, then, in that event, the non-prevailing party agrees
to pay to the other party all of such other partyÕs costs and
expenses, including reasonable attorneys' fees. Waiver and Severability
of Terms. The failure of Morganshowcase.com to exercise or enforce
any right or provision of the TOS shall not constitute a waiver
of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect
to the parties' intentions as reflected in the provision, and
the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree
that your Morganshowcase.com submission is non-transferable and
any rights to your Morganshowcase.com submission terminate upon
your death. Upon receipt of a copy of a death certificate, your
listings may be terminated and all contents therein permanently
deleted. 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 the Service or the TOS must
be filed within one (1) year after such claim or cause of action
arose or be forever barred. Miscellaneous. If any provision
in the TOS is held to be illegal, invalid or unenforceable, such
provision shall be reformed to reflect the intent of the parties
and the economics of the transaction and the validity, legality
or enforceability of the remaining provisions will not, in any
way, be affected or impaired thereby. Headings contained in the
TOS are included for convenience only and form no part of the
agreement between the parties. If a question of interpretation
arises, the Agreement shall be construed as if drafted jointly
by the parties, and no presumption or burden of proof shall arise
favoring or disfavoring any party by virtue of the authorship
of any provision of this Agreement.
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