LEGAL NOTICES

TERMS & CONDITIONS — Site Use and On-Line Purchases
(Updated as of May 22, 2023)

THESE TERMS OF USE INCLUDE AN ARBITRATION AGREEMENT, JURY TRIAL WAIVER, AND A CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH BELOW. PLEASE REVIEW CAREFULLY.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

These Terms & Conditions — Site Use and On-Line Purchases (“Terms of Use”) govern your purchases on Horsehaggle.com regardless of purchase method and your use of this website, including Horsehaggle.com, its related subdomains and microsites, Horsehaggle's mobile applications, and/or mobile devices (collectively, the “Site”). Our Site is operated by Horsehaggle, LLC., a wholly owned subsidiary of Horsehaggle Limited Liability Corporation, as a service to our customers on behalf of all Horsehaggle Corporation affiliates. PLEASE BE ADVISED THAT SHOPPING ON OUR WEBSITE AND USING THIS SITE IN ANY MANNER, WHETHER BY BROWSING, PARTICIPATING IN AN ONLINE ACTIVITY OR PROMOTION, OR MAKING A PURCHASE (“SERVICES”), CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS OF USE, AS WELL AS HORSEHAGGLE'S PRIVACY POLICY. Any interaction you have with the Site through the use of browsers, applications, programs, or other tools, whether installed by you or a third party, shall be deemed to be your use of this Site. Horsehaggle reserves the right to update or modify these Terms of Use at any time, without prior notice. By using this Site following any such change, you agree to follow and be bound by the Terms of Use as modified. As such, Horsehaggle recommends you review these Terms periodically and each time you visit the Site. For purposes of these Terms of Use, unless otherwise specified herein, "Horsehaggle", “our,” “we,” or “us” refers to Horsehaggle, LLC., its parent Horsehaggle Corporation, as well as any of their respective present or future affiliates or subsidiaries, and any persons or entities (including agents, representatives, or employees) related to Horsehaggle or its present or future affiliates or subsidiaries. Each of you and Horsehaggle are sometimes referred to herein individually as a “party” and together as “parties.”

IF, AT ANY TIME, YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ANY OF THESE TERMS OF USE, YOU SHOULD NOT, AND ARE NOT ALLOWED TO, ACCESS OR USE THIS SITE OR MAKE PURCHASES IN OUR ON-LINE STORE, AS APPLICABLE. HORSEHAGGLE OFFERS THE SITE AND SERVICES TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THESE TERMS OF USE. YOUR USE OF THE SITE AND YOUR SHOPPING IN OUR ON-LINE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON YOUR REMEDIES. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND HORSEHAGGLE. IN THE EVENT OF A VIOLATION OF THESE TERMS OF USE, HORSEHAGGLE RESERVES THE RIGHT TO SEEK ALL REMEDIES AVAILABLE BY LAW AND IN EQUITY.

USE OF THIS SITE

All materials you see and hear on this Site — including, for example, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (individually or collectively, the “Content(s)”) — are intended solely for your personal, non-exclusive, and non-commercial use. You may access, view, download, print, or copy the Contents displayed on the Site for your personal, non-commercial use only; provided, however, that you (a) retain all copyright, trademark or other proprietary designations contained on all Contents; (b) do not modify or alter the Contents in any way; and (c) do not provide or make available the Contents to any third party. No right, title or interest in any accessed, viewed, downloaded, printed, or copied Content is transferred to you as a result of your use of this Site. Horsehaggle LLC, owns and reserves all right, title, and interest in and to the intellectual property rights in any Content you may access on this Site. Except as noted above, you may not copy, download, reproduce, publish, transmit, distribute, display, modify, create derivative works from, or otherwise exploit in any way the Contents or this Site without first obtaining written permission from Horsehaggle.
Horsehaggle may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice. Horsehaggle also reserves the right to block or deny access to the Site to anyone at any time for any reason.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Horsehaggle or its service providers for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. Please contact your wireless carrier for more details or to manage your privacy settings. You agree to receive texts from Horsehaggle for identity verification purposes. Message and data rates may apply. For additional information, please see our Privacy Policy to see how we treat your data and personal information.
By your use of this Site, you represent and warrant that you are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, then do not use this Site without the consent of your parent or legal guardian; provided, however, that if you are under thirteen (13) years of age, then you may not use this Site under any circumstances.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise and OnGuard Online. Please note that we do not endorse any of the products or services listed at such sites.
To the fullest extent permissible by applicable law, you agree to indemnify and hold Horsehaggle harmless from and against any damages or losses of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit, or demand of any third party due to, arising out of, or related to (a) your access to the Site, (b) your use of the Site, (c) any User Content submitted by you, or (d) your breach of these Terms of Use.

COMPLIANCE WITH ALL LAWS & SITE SECURITY

You agree to use this Site only for lawful purposes. You are expressly prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following: (a) accessing data not intended for you or logging onto a server or an account for which you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mail-bombing, or crashing; or (d) sending or relaying unsolicited email, including promotions and/or advertising of products or services. You further agree not to misrepresent your identity while making purchases in our ON-LINE Auction and Store or using the Site or interfere or attempt to interfere with the proper working of this Site.

CONTRACTUAL AGREEMENT AND ACCEPTANCE OF TERMS HEREIN:

By accessing and using the information from the web site and App maintained by HORSEHAGGLE.com LLC, you hereby agree to the terms and conditions of HORSEHAGGLE.com that are listed below:

1. You represent that you are of legal age in your state or country of residence and have the legal capacity to enter into contracts either as an individual or agent.

2. You agree to indemnify and hold HORSEHAGGLE.com harmless from any and all costs, liabilities, attorneys' fees, judgments and/or expenses that might incur as a result of any matter, including without limitation any claim, assertion or legal proceeding concerning your representations and obligations set forth in this Contractual Agreement and Acceptance of Terms, any representations and obligations in any contract entered into by you for the purchase of any goods or your conduct and disclosures in connection therewith, and your publication of any material on the site that is subject to a copyright or that is a violation of any non-disclosure or other agreement. It is further understood and agreed that you will indemnify and hold HORSEHAGGLE.com and its employees harmless from and against all civil liability, claims, and judgments, including but not limited to attorney's fees and other expenses which may arise out of any transaction negligently handled by HORSEHAGGLE.com during the selling/buying of the auction process.

3. HORSEHAGGLE.com is a ecommerce and horse auction website. Our site and App acts as a venue to allow anyone to sell and buy horses and other merchandise. HORSEHAGGLE is not in any way involved in any transaction(s) between the buyer and seller. As a result, we have no control over the quality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We offer no guarantee that the buyer and seller will complete any transaction.

4. Any and all disputes/disagreements/discrepancies are subject to arbitration if "good faith" negotiations between the parties is unsuccessful. Such arbitration shall proceed in accordance with the Commercial Arbitration Rules of the American Arbitration Association then pertaining (the “Rules”), insofar as such Rules are not inconsistent with the provisions expressly set forth in this Contractual Agreement and Acceptance of Terms. All proceedings in arbitration shall be held in Las Vegas, Nevada at a location selected by the parties or as otherwise determined by the arbitrators. The existence and resolution of the arbitration shall be kept confidential except as required by law or to enforce any ruling issued. The provision does not preclude any party from resorting to a court of competent jurisdiction in those instances where injunctive relief may be appropriate. This Agreement shall be governed by the laws of the State of Nevada, without giving effect to principles of conflict of laws. All parties agree and consent to jurisdiction and proceedings in the County of Clark, State of Nevada.

5. HORSEHAGGLE. com cannot assure or guarantee continuous, uninterrupted or secure access to its site and/or mobile App, and you furthermore agree that HORSEHAGGLE.com is held harmless in the event of any downtime or website system failure.

6. The HORSEHAGGLE.com website and App is protected by copyright and/or other intellectual property laws and any unauthorized use thereof may violate such laws. HORSEHAGGLE.com does not grant any express or implied right to the consumer under any patents, copyrights, trademarks, or otherwise with respect to the information on the site, which may not be reproduced without the prior written permission of HORSEHAGGLE, LLC and its officers.

7. In the event that any provision hereof or any obligation hereunder is found invalid or unenforceable pursuant to judicial decree or decision, any such provision or obligation shall be deemed and construed to extend only to the maximum permitted by law, and the remainder of this Contractual Agreement shall remain valid. If any action or lawsuit is brought to enforce or interpret this agreement, the prevailing party shall be entitled to attorneys’ fees and costs, including expert costs and analysis.

8. In the event that any account holder is delinquent or in violation of the Contractual Agreement, HORSEHAGGLE.com will charge a $50 re-activation fee.

9. This Contractual Agreement and Acceptance of Terms contained herein constitutes this entire agreement between the parties.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF YOU DISAGREE WITH THESE TERMS OF USE, AS MAY BE AMENDED FROM TIME TO TIME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO (A) DISCONTINUE USING THE SITE AND STOP SHOPPING IN OUR ON-LINE AUCTION AND COLLECTIBLES SECTION OF OUR WEBSITE, (B) NOT MAKE A PURCHASE, AND/OR AGREE (C) THAT SHOPPING ON OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HORSEHAGGLE WILL NOT BE LIABLE TO ANY PARTY FOR ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES FOR SOLICITATIONS, ADVERTISING PURCHASES ON OUR WEBSITE, OR FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEBSITES INCLUDING, WITHOUT LIMITATION, DAMAGES, LOSSES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA, OR DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR RELIANCE ON THE INFORMATION PRESENT. THIS LIMITATION OF LIABILITY APPLIES WHETHER A CLAIM IS BASED IN CONTRACT, NEGLIGENCE, STATUTE, OR TORT, EVEN IF HORSEHAGGLE OR SITE SERVICE PROVIDERS ARE EXPRESSLY ADVISED ABOUT, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, YOU SHALL DEFEND, INDEMNIFY, AND HOLD HORSEHAGGLE AND SITE SERVICE PROVIDERS HARMLESS AGAINST ANY SUCH DAMAGES OR LOSSES. FOR PURPOSES HEREOF, “SITE SERVICE PROVIDERS” SHALL MEAN THIRD-PARTY SERVICE PROVIDERS THAT PROVIDE SITE SERVICES TO HORSEHAGGLE THAT CONTRIBUTE TO THE FUNCTIONALITY OF THE SITE.
THE LIMITATIONS OF LIABILITY ABOVE ARE BINDING IN THE STATE OF NEVADA. HOWEVER, IN SOME OTHER JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, THE FOREGOING LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT THE AGGREGATE LIABILITY OF HORSEHAGGLE AND SITE SERVICE PROVIDERS UNDER SUCH CIRCUMSTANCES FOR DISPUTE(S) THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN THOUSAND DOLLARS ($10,000).

JURISDICTION; RISK OF LOSS; CHOICE OF LAW; FORUM

Horsehaggle controls this Site and its On-Line Store from its corporate offices within the State of Nevada. THE USE OF THIS SITE SHALL BE LIMITED TO THE BOUNDARIES OF THE CONTINENTAL UNITED STATES, HAWAII, ALASKA, AND APO/FPO MILITARY ADDRESSES. The risk of loss and title to items passes to the purchaser upon delivery.
Horsehaggle does not imply that the materials published on this Site are appropriate for use outside of the United States. Notwithstanding the foregoing, if you access this Site from outside of the United States, you do so on your own initiative and you are responsible for compliance with all applicable domestic and local laws, regulations, or equivalents thereof.
THESE TERMS OF USE, AS WELL AS ANY SOLICITATIONS, ADVERTISING, AND/OR PURCHASES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEVADA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISIONS.
Unless you and Horsehaggle agree otherwise, to the fullest extent permitted by law, the state and federal courts that encompass Clark County, Nevada, shall have exclusive jurisdiction over any disputes (except for claims brought in small claims court) that are not subject to arbitration or over any action that seeks to enforce or challenge the enforceability of the Arbitration Agreement (defined below) or any provision of the Arbitration Agreement or Terms of Use. You and Horsehaggle consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.

COPYRIGHTS AND TRADEMARKS

“Horsehaggle”, as well as related product and service names, design marks, and slogans, are registered trademarks of Horsehaggle LLC,. Unless otherwise noted, all Content, format, and imagery of the Site are protected as copyrights, trademarks, service marks, trade names, or other intellectual property owned, controlled, or licensed by Horsehaggle, one of its affiliates, or by third parties who have licensed certain intellectual property rights to Horsehaggle and are protected by U.S. and international intellectual property laws and treaty provisions. Unauthorized use of the Content is a violation of law and these Terms of Use. No rights in any trademark, service mark, or trade name are granted to you in connection with your use of this Site. Without limiting the foregoing, please be advised that Horsehaggle has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may constitute a violation of Horsehaggle intellectual property rights and/or may rise to the level of unfair competition.
Horsehaggle, its suppliers, and licensors expressly reserve all intellectual property and other proprietary rights in all content, format, imagery, text, programs, products, processes, technology, and other materials that appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Horsehaggle or any third party’s intellectual property rights. All rights reserved. Further, the Content, format, and imagery of the Site are copyrighted under United States law and protected by worldwide copyright laws, treaty provisions, and other protections afforded intellectual property. Unauthorized duplication is a violation of law and these Terms of Use.

CONTACT INFORMATION

Horsehaggle
10620 Southern Highlands Parkway
Suite 110-191
Las Vegas, Nevada 89141

If you have any questions concerning the legal notices stated above, we encourage you to contact the Horsehaggle Legal Department at this address. All rights reserved.

ENTIRE AGREEMENT

These terms and conditions serve as the entire understanding and agreement, and supersede all prior understandings and agreements of the parties, regarding the subject matter of the Terms. Except as provided above with respect to the Arbitration Agreement, if any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, you agree that the court should endeavor to replace the invalid or unenforceable provision with a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading allowable under the law consistent with the intention of the invalid or unenforceable provision.