Terms of Use

SUMMARY AND DISCLAIMER. EquestrianLIVING, Inc. is not responsible for any misstated, misrepresented, untruthful, unethical, illegal or otherwise false data entered by individuals, brokers or agents using our site's services. Any prospective buyer visiting our site must be mindful of the statement "Caveat emptor" or "buyer beware" when considering the purchase of any property posted, advertised, or accessed online. EquestrianLIVING, Inc. does not, via its marketing efforts or posting services, partake in any agency or listing relationship with either the buyer, seller or broker/agent for any property posted, advertised, or accessed online, nor does ELC collect any commissions therefrom. EquestrianLIVING, Inc. is not responsible for any of the actions, or errors or omissions of the buyer, seller or broker/agent for any property posted, advertised, or accessed online. EquestrianLIVING, Inc. is not responsible for any breach of contract committed by either the buyer, seller, or broker/agent for any property posted, advertised, or accessed online.

FOR SALE BY OWNER (FSBO) POLICY. EquestrianLIVING, Inc. has made a policy regarding For Sale by Owners which requires the sellers (FSBO's) posting their properties on our site to: cooperate with any agents representing buyers who wish to see the FSBO's property; to sign a one-party showing agreement contract to protect the agent for the buyer(s) he/she represents for a limited period of time and which ensures a commission payment (minimum amount of 3 percent or more of the sales price), upon the transfer of sale, to the agent if their buyer is the successful purchaser of the property. Said cooperating agents shall agree in advance that any such one-party showing agreement contracts shall be null and void upon the FSBO's agreement to, and signature on, a standard listing agreement with any real estate company.

IMPORTANT. The terms, conditions and guidelines associated with the use of EquestrianLIVING, Inc.'s (hereinafter referred to as ELC) services, are set forth in this Terms of Use agreement ("TOU"). Please read this TOU carefully before posting or searching for listings on our site. By using the services provided by our site, you ("you" or "your" as appropriate) agree to abide by the terms, conditions and guidelines set forth in this entire TOU. Please note that ELC may change this TOU at any time without notice and such changes will be effective on the date that such modified TOU is posted on the ELC website at http://www.equestrianliving.com. Use of our services after such changes have taken effect, constitutes acceptance of all changes. Please also note that at any time, if it is determined by ELC that you have abused or violated the letter or intent of any of these terms, conditions and guidelines, ELC reserves the right to terminate your registration and access immediately without notice.

LINKING AGREEMENTS. You agree to contact ELC to seek written permission to use any of our logos, corporate material or any copywritten material. These queries should be sent to info@equestrianliving.com for email routing purposes or by mail to our corporate offices.

Any party using our understand when listing property information on our site that you, the agent or seller, have sole responsibility for verifying all facts and details pertaining to those properties. The same responsibility holds true for any information posted in our agent information sections. EquestrianLIVING.com was created to help horse people find homes for themselves and their horses. To qualify to be posted on this web site, a property MUST be zoned to accommodate at least one horse. It is not necessary for the property to have current horse stabling or other accommodations, as long as building such accommodations would not pose any zoning, environmental, or logistical problems to a buyer.

USER RESPONSIBILITIES. You agree to post and/or provide ELC with accurate and complete registration and email information, and agree to keep that information updated at all times. Failure to do so constitutes a breach of this TOU. It is solely your responsibility to keep your account information and password secure. You should not disclose your password to anyone. You are entirely liable for all activities conducted through your account on our site. You agree to immediately notify ELC of any unauthorized use of your password, or any other breach of security you know of or suspect.

CONTENT. ELC provides an online multiple listing service for horse properties. ELC will have no liability related to the content of any posted listing, whether or not arising under the laws of real estate, errors and omissions, copyright, patent, trade secret, defamation, privacy, obscenity, or otherwise. You understand that by using List a Property, Find an Agent or any of our other services, you may be exposed to content that is inaccurate, misrepresented, misleading, unethical, offensive, indecent or is a violation of individual or proprietary rights. You are solely responsible for using reasonable efforts to research this information thoroughly and to screen any unwanted material. Under no circumstances will ELC be liable to you for any content accessed, viewed, downloaded, posted, emailed or otherwise transmitted or received via this web site, regardless of where it originated. ELC may take any action as ELC in its sole discretion deems necessary if ELC believes it may create liability for ELC, its employees, heirs and assigns, including, but not limited to, removing any content and/or immediate termination of our service, if a user's conduct fails to conform with the letter or spirit of these terms and conditions.

PROHIBITED USES. As a user of List a Property, Find an Agent, or any of our other services, you agree to use this web site only for lawful purposes. Use of our services for, or in conjunction with, the transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation is prohibited. You also agree not to use our site to: use or transmit any material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material; distribute computer viruses, worms, or any software intended to damage or alter a computer system without the owner's consent; post or send any fraudulent or misleading offers of products, items, or services; relay unsolicited advertising using ELC servers.

SYSTEM AND NETWORK SECURITY. Violations of system or network security of the ELC web site are prohibited, and may subject you to criminal and/or civil liability. ELC will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected. You may not attempt to circumvent the authentication procedures or security of any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You may not interfere or attempt to interfere with service to any other user, host, system, or network on the Internet unless expressly permitted to do so.

VIOLATION OF TOU. In the event of any actual or potential violation of the letter or intent of the terms or conditions of this TOU, ELC reserves the right to suspend or terminate, either temporarily or permanently, any or all services provided by ELC, to block any prohibited activity, or to take any other actions as deemed appropriate by ELC in its sole discretion. Users who violate this TOU may additionally incur criminal and/or civil liability. ELC may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with its investigations of any suspected civil or criminal violations.

INDEMNITY. You agree to indemnify and hold EquestrianLIVING, Inc. and its service providers, officers, employees, heirs, assigns and agents harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the use of the services provided through our site, any Content you post, email, transmit, or relay to or through the Service, your violation of the TOU, or your violation of any third party rights.

LIMITATION OF LIABILITY: IN NO EVENT WILL EQUESTRIANLIVING, INC., ITS SUPPLIERS, SERVICE PROVIDERS, ADVERTISERS, OR OTHER THIRD PARTIES AFFILIATED WITH ELC BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM ERRORS AND OMISSIONS, LOST PROFITS, DEPOSITS OR EQUITY, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, ABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, ANY WEB SITES LINKED TO OUR SERVICES, THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR THE CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ELC OR ANY OF ITS SUPPLIERS, SERVICE PROVIDERS, OR THIRD PARTY AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, MALPRACTICE, FRAUD OR ANY OTHER LEGAL THEORY) IS LIMITED TO FIFTY DOLLARS ($50). APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. DISCLAIMER OF WARRANTIES. OUR SERVICES ARE PROVIDED BY ELC ON AN "AS IS" BASIS. ELC NOR ITS PARTNERS, PROVIDERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES, THEIR CONTENT, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH OUR SERVICES. ELC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. FURTHERMORE, ELC DOES NOT WARRANT THAT USE OF OUR SERVICES WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TERMINATION. Either you or ELC may terminate your access at any time. This is your sole and exclusive remedy with respect to any dissatisfaction with our services, excepting the pro-rated balance of any unused listing time. This relates to our services, the terms and conditions set forth in the TOU and as may be updated from time to time, or any other policies and practices that ELC may adopt or modify. You may terminate your access by sending either an e-mail to info@equestrianliving.com with your email address, password and the subject "REMOVE" or a letter by United States mail to: EquestrianLIVING, Inc., 422 Larkfield Center #250, Santa Rosa, CA., 95403. Your access termination will take effect within a reasonable amount of time after ELC's receipt of your termination notice. ELC reserves the right to restrict access to our services to any user, and may at any time in its sole discretion with or without notice and with or without cause immediately deny access to our services and may remove all account information, personal web pages, email boxes and their content, and any other content.

GENERAL. The TOU shall be governed by and construed in accordance with the laws of the state of California as it is applied to contracts entered into by residents of the state of California. You also consent to the exclusive jurisdiction of the state and federal courts in Sonoma County, California, and you further consent to the exercise of personal jurisdiction of the courts therein. If any provision(s) of the TOU is found to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. ELC's failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ELC in writing. You and ELC agree that any cause of action arising out of or related to this TOU or our services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in this TOU are solely used for the convenience of the parties and have no legal or contractual significance. These terms and conditions constitute the entire agreement between you and ELC with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party.

OTHER. ELC, the ELC logo, and the List a Property, Search for Property, Find an Agent Processes are trademarks of EquestrianLIVING, Inc. in the United States and throughout the world. All other marks used are those of their respective owners.