Terms

The website breeding2win.com is the interactive online Thoroughbred and Quarter Horse listing service operated by BREEDING2WIN INC. the parent company on the World Wide Web of the Internet, consisting of information services and content provided by the seller, breeding2win.com and other third party research entities.

The following describes the terms on which BREEDING2WIN INC. and breeding2win.com offers you access to our services.

Introduction To breeding2win’s Policies and Procedures.

This Agreement sets forth the terms and conditions that apply to use of breeding2win.com by Buyers, Sellers and Advertisers. "Seller" means each person who establishes a "Seller Account" for access to and use of the breeding2win.com Website. Advertiser is anyone who creates an advertising contract to include the Stallion Directory, Sales Edge, Blood Stock or Banner Advertising accounts, Etc. By using breeding2win.com the Seller, buyers and advertisers agree to comply with all of the terms and conditions listed herein. The sellers and advertisers are responsible for all use of Sellers and advertisers Account(s) and for ensuring that all use of Seller's and advertisers account(s) complies fully with the provisions of this Agreement. Sellers and advertisers shall be responsible for protecting the confidentiality of Seller's and advertisers password(s), if any. BREEDING2WIN. INC. shall have the right at any time to change or discontinue any aspect or feature of breeding2win.com, including, but not limited to, content, pricing, and equipment or programs needed for access or use breeding2win.com. breeding2win.com shall have the right at any time to change or modify the terms and conditions applicable to Buyers, Advertisers, Seller's use of breeding2win.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective 10 days upon notice thereof being given, which may be given by means including, but not limited to, posting on breeding2win.com, or by electronic or conventional mail, or by any other means by which Seller or advertisers obtain notice thereof. Any use of breeding2win.com by Seller or advertisers after such notice shall be deemed to constitute acceptance by Sellers or advertisers of such changes, modifications or additions. Sellers and advertisers shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of breeding2win.com and all charges related thereto.

Becoming Seller or Advertiser

Welcome to breeding2win.com. By using the services on the BREEDING2WIN INC. and breeding2win.com website, you are agreeing to the following terms, including those available by hyperlink, with breeding2win.com and the general principles for the websites of our subsidiaries and affiliates.

Before you may become a seller or advertiser on breeding2win.com, you must read and accept all of the terms and conditions in this User Agreement and the Privacy Policy. We strongly recommend that you read this User Agreement. This agreement applies to any of our domains and sub domains and is always the agreement that appears in the footer of each website.

This Agreement is effective on September 17, 2008.

Using breeding2win.com

While using breeding2win.com, you will not: post content or items of inappropriate nature, material that is protected by copyright, trademark or other proprietary right without the expressed written consent of the owner. Seller or advertiser shall be the sole party responsible for damages or harm arising from such offense. You will not offer services that you have no way of or intention of fulfilling; violate any laws, third party rights, or our policies and procedures. Use our sites or services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our sites; fail to deliver payment for items purchased by you, fail to deliver items purchased from you, unless the buyer fails to meet the terms; manipulate the price of any item or interfere with other user's listings; circumvent or manipulate our fee structure, the billing process, or fees owed to BREEDING2WIN INC. and breeding2win.com; post false, inaccurate, misleading, defamatory, or libelous content (including personal information);transfer your BREEDING2WIN INC. and breeding2win.com account and User ID to another party without express written consent from BREEDING2WIN INC. and breeding2win.com ;distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm breeding2win.com, or the interests or property of BREEDING2WIN INC. and breeding2win.com users; copy, modify, or distribute content from the website BREEDING2WIN INC. and breeding2win.com's copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent.

ABUSE OF BREEDING2WIN INC. AND breeding2win.com

BREEDING2WIN INC. and breeding2win.com work hard to ensure that our clients are safe from offensive content and policy violations. We work diligently to keep our sites and services working properly. Please report problems, offensive content, and policy violations to BREEDING2WIN INC. and breeding2win.com.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unpaid accounts or accounts that have been inactive for a long time.

Breeding2win’s Fees and Services Policy

Surfing breeding2win.com and buying listed items is a free service. We do however charge fees for using other services, such as listing items in the Thoroughbreds and Quarter Horses For Sale section, Sales Edge, Stallion directory, Blood Stock sections, Banner Advertising Etc. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on BREEDING2WIN INC. and breeding2win.com set fees, which we may change from time to time. Changes to that Policy are effective after we provide you with at least ten days' notice by posting the changes on the breeding2win.com web site. We may choose to temporarily change the fees for our services for promotional events (for example, discounted listing services) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, cancelling the remainder of your listing.)

Content Submitted to breeding2win.com for use on the World Wide Web

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. You acknowledge that by your submission of such material that you grant or warrant that you have been expressly granted permission of such material for use on breeding2win.com and the World Wide Web.

For the convenience of sellers, we offer catalog and stallion pages written by the Jockey Club Information Services, this service and data are gathered from other research media from third party research firms. We will try and verify descriptions and product specifications, which are provided by third-parties. While we try to offer reliable data, we cannot promise that the catalog and stallion pages will be without error or omissions or will always be accurate and up-to-date. If you choose to include your own catalog page as in the case of The Sales Edge section, you will be responsible for ensuring that your listings are accurate and do not include misleading information. You agree that you will not hold our catalog or data providers or BREEDING2WIN INC. and breeding2win.com responsible for inaccuracies in their catalog or stallion pages, or other data provided. The catalog and stallion pages may include copyrighted, trademarked or other proprietary materials. You may use the catalog pages only for informational purposes and only in connection with your BREEDING2WIN INC. and breeding2win.com listings. You may not use catalog content in a way that infringes or violates anyone’s proprietary rights.

Disclaimer of warranty; Limitations and Liability

  (1) You will not hold BREEDING2WIN INC. and breeding2win.com responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, breeding2win.com is a venue to allow anyone to offer, sell, and buy Thoroughbreds and Quarter Horses, Stallion Seasons, or Blood Stock services on the World Wide Web. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

  (2) BREEDING2WIN.INC. and breeding2win.com do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify any law governing such actions under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with applicable State or Federal Laws. Further, we cannot guarantee continuous or secure access to our services, and operation of the sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our sites and services. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

  (3) By relying on this web site or any information, product or service available through this website, you do so at your own risk. You acknowledge that there may be omissions, deletions, interruptions, inaccuracies or other problems related to the available information, products, information distributed and services promoted by BREEDING2WIN INC. This website breeding2win.com is provided to you by BREEDING2WIN INC. and its affiliates, agents, officers and licensors, and such none do warrant the accuracy, completeness, correctness, non-infringement, merchantability, or fitness, for a particular purpose of the information available trough this website ( or any information, goods, or services that are referred to, advertised or promoted on or through this website). Nor do we or they guarantee that the website will be error free or continuously available or that the website will be free from viruses or other harmful content. breeding2win.com IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT

  (4) BREEDING2WIN INC. and breeding2win.com is not the publisher of information but a distributor of information and as such you agree that you will and shall not be hold BREEDING2WIN INC. and breeding2win.com liable for such information dissemination. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USERS OF BREENING2WIN.COM SPECIFICALLY ACKNOWLEDGES THAT THE BREEDING2WIN INC. OR breeding2win.com IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

  (5) IN NO EVENT WILL BREEDING2WIN INC. OR breeding2win.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING breeding2win.com OR THE breeding2win.com WEBSITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE breeding2win.com. WEBSITE USERS HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON breeding2win.com.

  (6) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BREEDING2WIN INC. OR breeding2win.com, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN BREEDIN2WIN.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, BREEDING2WIN INC. or breeding2win.com,NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

RELEASE - INDEMNIFICATION

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree to waive all State Civil Codes, which say or can be interpreted to say: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Or any State Civil Codes that may interpret to state such. And by hereby signing this agreement do release BREEDING2WIN INC. and breeding2win.com from any legal actions arising from such, including reasonable attorney’s fees.

ACCESS AND INTERFERENCE

This site contains robot exclusion headers. Much of the information on the sites is updated on a daily basis and is proprietary or is licensed to BREEDING2WIN INC. and breeding2win.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express written permission.

Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content(except for Your Information) from the sites without the prior expressed written permission of BREEDING2WIN INC. and breeding2win.com and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the sites or any activities conducted on the sites; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

PRIVACY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the BREEDING2WIN INC. and breeding2win.com privacy policy. We view protection of users' privacy as a very important part of our Golden Rule Company principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how BREEDING2WIN INC. uses your information see our privacy policy. If you object to your Information being transferred or used in this way please do not use our services.

INDEMNITY

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

NO AGENCY

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

NOTICES

Except as explicitly stated otherwise, legal notices shall be served on BREEDING2WIN INC. national registered agent or to the email address you provide to BREEDING2WIN INC. and breeding2win.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

RESOLUTIONS OF DISPUTES

If a dispute arises between you and BREEDING2WIN INC. and breeding2win.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BREEDING2WIN INC. and breeding2win.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

• Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Arkansas as they apply to agreements entered into and to be performed entirely within Arkansas between Arkansas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against BREEDING2WIN INC. and breeding2win.com must be resolved by a court located in Faulkner County, Arkansas, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Faulkner County, Arkansas for the purpose of litigating all such claims or disputes.
• Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• Improperly Filed Claims - All claims you bring against BREEDING2WIN INC. and breeding2win.com must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, BREEDING2WIN INC. and breeding2win.com may recover attorneys' fees and costs up to $1000, provided that BREEDING2WIN INC. and breeding2win.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

BREEDING2WIN INC. AND breeding2win.com’S REFUND POLICY

BREEDING2WIN INC. and breeding2win.com have established this policy to deal with refund request and credit card charge backs:

BREEDING2WIN INC. and breeding2win.com cannot provide a refund for any reason. BREEDING2WIN INC. and breeding2win.com are not responsible for misrepresentations or content supplied by the seller or outside research sources. We also cannot provide a refund if you the seller, BREEDING2WIN INC. and breeding2win.com, or outside research sourcing has made mistakes or omissions in the content of the For Sale listing, Sales Edge listing or Stallion Directory listing, etc. Where and when it has been determined by BREEDING2WIN INC. and breeding2win.com that the seller, breeding2win.com or outside research sources have made a mistake, BREEDING2WIN INC. and breeding2win.com will make appropriate corrections to your listing.

BREEDING2WIN INC. and breeding2win.com believes that or customer’s satisfaction comes first but because of the nature of the business BREEDING2WIN INC. and breedin2win.com cannot provide any refunds for any reason, for example; animals death while listed, individual sale prior to listing, lack of inquires or offers generated from the listing, mistakes or omissions, incomplete listing.

Credit card purchases will show a charge to BREEDING2WIN INC. If you have a question or problem with your listing please do not contact your credit card company and file a chargeback for the purpose of receiving a refund for your listing. If you have a question or concern about your listing or the charge by BREEDING2WIN INC. on your credit card statement, please email us at customercare@breeding2win.com or call us at 859-967-9458. BREEDING2WIN INC. and breeding2win.com’s policies may be changed from time to time. Changes take effect when we post them on the BREEDING2WIN INC. and breeding2win.com web site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.

GENERAL

BREEDING2WIN INC. is located at 367 Adkisson Road, Mount Vernon, AR 72111. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 10 days after they are initially posted. Additionally, we will notify you through the breeding2win.com Web Site. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.