Thank you for visiting the internet website at equimarsales.com (“EquiMar Website”) which is owned by EquiMar & Sales, LLC, a Florida limited liability company (“EquiMar” or “We” or “Us”). EquiMar provides these Terms of Use (the “Agreement”) to notify all users of EquiMar’s policies with regard to the terms and conditions that govern their use of this EquiMar Website. Use of the EquiMar Website is conditioned on acceptance, without modification, of this Agreement by you as a user of the EquiMar Website (“You” or “User” or “Your”).

EquiMar provides User-generated classified ads, and equestrian related sales and digital marketing services (collectively, the “Services”), which are subject to the following Agreement.

BY CONTINUING TO USE THIS EQUIMAR WEBSITE, YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS IT IS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF THE EQUIMAR WEBSITE (THE “EFFECTIVE DATE”). NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY EQUIMAR. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE THE EQUIMAR WEBSITE. THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.

By visiting this EquiMar Website, You agree to the following:

1. Definitions. In addition to all other defined terms in this Agreement, the following terms have the following meaning:

1.1. “Advertisement” means an advertisement published by the User on the EquiMar webiste, or republished or reproduced, as a whole or in part, by EquiMar through its social media network.

1.2. “EquiMar Server” or “Server”” means the computer software or hardware that serves and hosts the EquiMar Website to users across the Internet; and

1.3. “User(s)” mean any user of the EquiMar Website.

2. User Registration and Accounts.

2.1. In order to use certain functionalities of the EquiMar website and its Services, including placing an Advertisement, Users must register for an Account and pay a fee. To register for an account with [website URL], you must be at least 18 years old and provide your email address and password for EquiMar to create your account (“Account”). You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and Account, and are fully responsible for all activities, whether authorized by you or not, that occur under your password or Account.

2.2. Upon registration and payment, the Advertisement will run for the term set forth on the date you placed it and paid all fees for it. The Advertisement will expire at the conclusion of the term selected. All User-generated information or content must comply with all requirements and procedures set forth by EquiMar in this Agreement. As such, You must provide true, accurate, current and complete information about yourself during registration and at all times while using the Services, including, but not limited to, during registration and in Advertisements.

3. Publication of Advertisements.

3.1. User hereby grants EquiMar a perpetual, worldwide, transferable, royalty-free license to reproduce, publish and republish Advertisements on social media, or in order to otherwise provide the User with the any of the services contemplated by the EquiMar Website, under this Agreement or under any other contract between User and EquiMar, including without limitation, any other uses normally intended for Users.

3.2. EquiMar may reject refuse, omit, postpone, cancel or require changes to the whole or part of any Advertisement submitted to EquiMar. EquiMar shall not be responsible for any error or omission in any Advertisement, and it is the User’s sole responsibility to ensure that all Advertisements are correct, accurate, and not misleading. The User acknowledges and agrees that any Advertisements may be shared on EquiMar’s social media network at EquiMar’s sole discretion. EquiMar hereby disclaims any and all responsibility and liability for the results of any such Advertisements.

4. Access; Conditions to Use of the Site.

4.1. Subject to all of the terms and conditions of this Agreement, EquiMar hereby grants to User a non-exclusive, revocable, and limited right to access and use the EquiMar Website in strict compliance with this Agreement (“Access Right”) or with any other agreement that the User has entered into with EquiMar. EquiMar reserves the right to suspend or revoke this Access Right at EquiMar’s discretion without notice. Notwithstanding the foregoing Access Right, EquiMar also has the right to change, suspend, or discontinue any (or all) aspects or features of the EquiMar Website at any time, and from time to time, including the availability of any content or features on the EquiMar Website. This Access Right granted to User under this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.

4.2. User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the EquiMar Website, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.

4.3. As a condition of Client’s use of the EquiMar Website, User covenants to EquiMar that User will not use the EquiMar Website for any unlawful purpose or for any purpose that is prohibited by this Agreement. User may not use the EquiMar Website in any manner that could damage, disable, overburden, or impair the EquiMar Website and any EquiMar Servers, or interfere with any other party’s use and enjoyment of the EquiMar Website. User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EquiMar Website.

4.4. Notwithstanding any assistance that EquiMar may provide, the User assumes sole responsibility for the uploading and updating of any of the User’s Advertisements or other Content (if any), as may be available through the Website.

4.5. Without limiting the generality of the foregoing, User agrees to all of the following provisions:

4.5.1. User will not upload to, distribute or otherwise publish through the Website or in any Advertisement, any data, information, messages, text, works, material or any other content, including, without limitation, any personal identifiable information related to the User (collectively, “Content“) that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable;

4.5.2. User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law,

4.5.3. User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere;

4.5.4. User will not impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity;

4.5.5. User will not use the EquiMar Website for purposes not authorized by EquiMar; and

4.5.6. User will not use the EquiMar Website for any illegal purpose or any fraudulent scheme or transaction.

4.6. Without limiting the generality of any other provisions herein, User agrees to all of the following provisions:

4.6.1. Users are prohibited from violating or attempting to violate the security of the EquiMar Website or any EquiMar Server, including, without limitation, (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network; or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services;

4.6.2. any violations of any system or network security (including, but not limited to, that of the EquiMar Website or any EquiMar Server) may result in civil or criminal liability; and

4.6.3. EquiMar has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. EquiMar also reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to the EquiMar Website. By User’s use of the EquiMar Website, User authorizes EquiMar to take such action.

4.7. By submitting Content to the EquiMar Website, User hereby represents and warrants to EquiMar that User has the lawful right to distribute and reproduce such Content, that such Content is true and correct in all respects, and that EquiMar’s use of the Content through the Service, and as described in this Agreement, will not infringe or violate the rights of any third party, including without limitation any intellectual property rights and rights of privacy. User is solely responsible for its conduct (and the conduct of its users) while using the EquiMar Website, including, but not limited to, all Advertisements or Content uploaded to EquiMar, or through any other transactions or interactions User generates, transmits, or maintains via the EquiMar Website. EquiMar cannot and will not review every Advertisement or other Content that User or any other party may generate or post, and EquiMar is not responsible for the content thereof.

4.8. In addition to any other right to terminate this Agreement, EquiMar hereby has the absolute right to immediately terminate, without warning, any account that it believes, in its sole discretion, breaches any of the provisions of this Section 4.

5. Copyrights and Other Intellectual Property Rights; Reservation of Rights.

5.1. EquiMar’s policy is to respect the copyright and intellectual property rights of others. EquiMar has the absolute right to (i) immediately terminate, without warning, all rights (including, without limitation, all Access Rights) of any Users who (in EquiMar’s determination) appear to infringe upon the copyright or intellectual property rights of others, and (ii) remove any Content from the EquiMar Website that, in EquiMar’s determination, may infringe the copyright or other intellectual property rights of any third party.

5.2. This Agreement shall not be interpreted to transfer any rights in any intellectual property from EquiMar to any Users. EquiMar or its licensors shall solely own all inventions, patents, trademarks/service marks, logos, images, graphics, content, reports, analysis, data, formulae, processes, techniques, software, website designs, all other copyrights, and all other intellectual property provided in, or made available by using, or otherwise contained in, the EquiMar Website and otherwise provided in furtherance of this Agreement (collectively, “EquiMar IP Assets”).

5.3. EquiMar IP Assets may not be used by User without the prior written permission from EquiMar, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to EquiMar. In addition to any other conditions on User’s Access Right as set forth in this Agreement, User’s Access Right is subject to the following additional conditions:

5.3.1. User shall not modify, disassemble, decompile or reverse translate or create derivative works from any of the EquiMar IP Assets or otherwise attempt to derive any source code of the same or let any third party do the same;

5.3.2. no copyrighted material, content, or any other EquiMar IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of EquiMar (which EquiMar may or may not grant in its sole discretion);

5.3.3. User shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of EquiMar or any other party placed on or embedded in the EquiMar IP Assets and shall otherwise retain all such notices on all copies of the same; and

5.3.4. use of any of the EquiMar IP Assets is prohibited unless User is an authorized User in good standing. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.

5.4. User agrees to keep strictly confidential all EquiMar IP Assets that have not been made publically available by EquiMar. User also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.

6. Privacy Issues; Consent to Company’s Privacy Policy.

6.1. User agrees that: (a) if the User has any Content or any login or password associated with this EquiMar Website, then User is solely responsible for maintaining the confidentiality of the same; and (b) if the User has any login or password associated with this EquiMar Website, then User (i) is solely responsible for all uses of its login and password regardless of whether these uses are authorized by User. Client, and (ii) User will immediately notify EquiMar of any unauthorized use of the User’s login and password.

6.2. The terms and conditions of the Privacy Policy for the EquiMar Website dvsite.xyz/equimar/privacy-policy/ are hereby incorporated into this Agreement by this reference and User hereby agrees to comply with the same at all times.

7. Indemnity. User will indemnify and hold EquiMar, its parents, subsidiaries, affiliates, officers, directors, employees, agents, and members harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of the User’s access to the Website, use of the Website, the violation or other breach of this Agreement by the User, or the infringement by the User, or any third party using the User’s account, of any intellectual property or other right of any person or entity.

8. Site Resources; Provided “AS IS”. The EquiMar Website may provide a wide variety of information, data, facts, and features (collectively, “Site Resources”) for the User’s benefit and use. While EquiMar endeavors to provide the most current and accurate Site Resources as possible, the User acknowledges and agrees (a) the Site Resources may be general in nature, and may not apply to particular factual circumstances; and (b) the Site Resources may contain errors and should not be relied upon or act as a substitution for independent investigation by the User. ALL SITE RESOURCES ARE PROVIDED “AS IS’. ANY SITE RESOURCES MADE AVAILABLE THROUGH THIS EQUIMAR WEBSITE MAY BE SUPERSEDED OR MAY INCLUDE INACCURACIES. WHERE A DOCUMENT OR OTHER CONTENT IS OBTAINED FROM ANOTHER SOURCE OTHER THAN DIRECTLY BY EQUIMAR, THEN THE OTHER SOURCE (AND ITS WEBSITE, IF APPLICABLE) TAKES PRECEDENCE. EQUIMAR MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS EQUIMAR WEBSITE, SITE RESOURCES AND ITS EQUIMAR SERVERS AT ANY TIME.

9. Links to Third Party Sites. As a convenience to Users, the EquiMar Website may now, or in the future, provide links to other Internet web sites that are not owned by EquiMar, and are not under EquiMar’s control (“Third Party Websites”). EquiMar does not control the Third Party Websites and is not responsible for the Content included in them including, without limitation, any subsequent links contained within a linked web site, or any changes or updates to a linked web site. Any reference from the EquiMar Website to any entity, product, service or information does not constitute an endorsement or recommendation by EquiMar. No Third Party Website is authorized to make any representations or warranties on EquiMar’s behalf. Your visit to any Third Party Websites are subject to the terms and conditions of such Third Party Websites, and not this EquiMar Website’s Agreement. User should refer to each Third Party Website’s specific terms.

10. Disclaimer of Warranties; Disclaimer of Liability.

10.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SITE RESOURCES AND ALL OTHER CONTENT, FEATURES OR FUNCTIONALITIES PROVIDED BY EQUIMAR THROUGH THIS EQUIMAR WEBSITE ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE OF THE FOREGOING REMAINS SOLELY WITH THE USER. EQUIMAR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OR ACCURACY OF THE SITE RESOURCES CONTAINED IN THIS EQUIMAR WEBSITE. ALL SITE RESOURCES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EQUIMAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EQUIMAR DOES NOT WARRANT THAT THE EQUIMAR WEBSITE AND THE SITE RESOURCES ON THE EQUIMAR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT ANY EQUIMAR SERVER MAKING THIS EQUIMAR WEBSITE AVAILABLE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

10.2. EQUIMAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM INCONVENIENCE, OR LOSS OF USE, RESOURCES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE EQUIMAR WEBSITE, OR ANY SITE RESOURCES MADE AVAILABLE THROUGH THIS EQUIMAR WEBSITE, OR ANY THIRD PARTY WEBSITES, EVEN IF EQUIMAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

11. Change in these Terms of Use. ONCE USER BEGINS TO USE THIS EQUIMAR WEBSITE, EQUIMAR MAY MODIFY THIS AGREEMENT AT ANY TIME AND USER WILL THEREAFTER BE BOUND BY THE VERSION OF THIS AGREEMENT THAT IS IN EFFECT THE NEXT TIME THE USER VISITS THE EQUIMAR WEBSITE. ANY USE OF THE EQUIMAR WEBSITE BY USER THEREAFTER SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE BY USER OF ALL SUCH AMENDMENTS.

12. Termination. In the event User, or anyone else using User’s privileges, violate the terms of this Agreement (as determined in EquiMar’s discretion), EquiMar reserves the right to take any action it deems appropriate, including, but not limited to, termination of this Agreement, including all Access Rights (as such term is defined in Section 4.1 above). In addition to any other right of EquiMar to terminate this Agreement, EquiMar further reserves the right, without notice, at any time, in its sole discretion, and for any reason, to terminate this Agreement, including all Access Rights. EquiMar is not required to provide mail or web page forwarding at termination.

13. Miscellaneous Provisions.

13.1. Governing Law; Jurisdiction. This Agreement shall be construed and governed by the laws of the State of California, without regard to, or application of, choice of law rules or principles. The laws of the State of California will govern any dispute arising from the terms of this Agreement or any breach of this Agreement. Each User agrees and hereby irrevocably submits to the exclusive personal jurisdiction and venue by the state and federal courts in the State of California with respect to all such matters.

13.2. Notices. Except as otherwise expressly provided in this Agreement, any communications between the parties, or notices to be given hereunder, will be given in writing by personal delivery, express courier, facsimile, or United States Postal Service, postage prepaid, or by email to User at any address (or facsimile or email) it has provided to EquiMar, or to EquiMar at the official address (or official facsimile or official email address) given for EquiMar’s corporate headquarters, or to such other addresses or numbers as EquiMar may hereafter indicate pursuant to this Section. Unless otherwise provided in this Agreement, any communication or notice so addressed and mailed will be deemed to be given five (5) days after mailing; provided, however, any communication or notice delivered: (a) by facsimile will be deemed to be given when the transmitting machine generates a receipt of a successful transmission of the notice; or (b) by email will be deemed to be given when the email has been generated and sent by the sender. Unless otherwise provided in this Agreement, any communication or notice given by personal delivery will be deemed to be given immediately upon such delivery, provided such delivery is made to the person indicated below.

13.3. Remedies. User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the EquiMar Website, and therefore User agrees that EquiMar shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.

13.4. Attorney Fees. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.

13.5. Binding Effect; No Assignment by Client; Permissible Assignment by EquiMar. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that User may not assign this Agreement, in whole or in part. Any purported assignment in violation of this Section shall be void. EquiMar shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.

13.6. Entire Agreement; Modification; Waiver. This Agreement, including any attachments and exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of EquiMar, its agents, or employees, but only by an instrument in writing signed by an authorized employee of EquiMar. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the remainder of the Agreement shall continue in effect.

If You Have Questions: If You have questions about this Agreement, You should write to EquiMar at info@equimarllc.com