Service Agreement

1. OUR SERVICES

Equinnovus offers a curated and searchable online marketplace for equine shoppers, and two (2) subscription-based listing options for equine sellers: “Sale Horse Listings” and “Sale Barn Listings”, (collectively, “Listings”). Sale Barn Listings include a dedicated page for a business entity on https://hunterjumper.exchange with room to display four (4) Sale Horse Listings, and an option to display more Sale Horse Listings at an additional cost. Equinnovus also offers professional copywriting services for an additional cost on a per-horse or per-product basis. Any new or additional services which Equinnovus may offer are subject to the Legal Terms. 

You may purchase a listing by completing our online registration process (“Registration”) and submitting photos and videos that meet our minimum media requirements. 

Listings that are approved for placement on the Site will enter the Production Phase. During this phase, Equinnovus applies a variety of professional tools and expertise to the content, which may include but is not limited to: Photo curation and editing, video curation and editing, targeted copywriting, show record transcription, market evaluation, discussion of pricing strategies with seller, and more. 

After production, Listings enter the Approval Phase. You will be sent a link to a hidden version of the completed Listing for your review. Any requested changes will be made and resubmitted to you for review. You must approve the Listing before it will appear on the Site as an Active Listing. 

Any Sale Horse Listing or Sale Barn Listing viewable to the public via the Site is considered an Active Listing and must pay a monthly subscription fee to remain Active.

2. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

3. PURCHASERS, AGENTS AND SUBSCRIBERS

Registration may be completed by the authorized card holder (“Purchaser”) or by a designated agent acting on their behalf (“Agent”). Any user acting as an Agent acknowledges that they have explicit permission from the Purchaser to market the horse identified in the Registration documents for sale and/or for lease. Any user acting as an Agent acknowledges that they have explicit permission from the Purchaser to authorize credit card charges as they relate to the placement and continued hosting of a Sale Horse Listing or Sale Barn Listing on the Site. The Agent is responsible for ensuring a Purchaser understands our Legal Terms and agrees to be bound by them, and is encouraged to forward them this document or direct them to https://hunterjumper.exchange/terms/service-agreement for the most updated version. Both Agents and Purchasers are subject to our Legal Terms and will be referred to collectively as “Subscribers”.

4: MINIMUM LISTING REQUIREMENTS

We reserve the right to decline Listings that do not meet our minimum media standards as defined in our FAQs. We also reserve the right to decline Listings that do not appeal to the group of owners, competitors and exhibitors of hunter-jumper type horses that we serve and that make up our targeted audience. Whenever applicable, options that would enable declined Listings to meet our minimum standards will be offered.

5: ACCESS TO THE SERVICE

User acknowledges that access to the Site is read-only. Users acknowledge that they have no log-in capabilities to the Site, nor to any other product of the Services, and no opportunity to post or edit content. Users wishing to purchase or update Listings will submit content to the Services through a secure third-party system, which is then received and processed manually by Equinnovus staff. Users acknowledge that neither the processes for the posting of new Listings, nor the processes for updating current Listings, is automated, and that requested changes are not automatically viewable on the Site.

We permit you to display on your website, or create a hyperlink on your website to, your Active Listings, and to likewise share them to your Social Media channels or include them in any other advertising endeavors, including on other equine advertising platforms. If copywriting was purchased, you are granted permission to use that text in other advertising mediums so long as you do not claim it as your own. Attribution is not required.

For any other use, please seek written permission from Equinnovus. Any use not expressly permitted in either our Legal Terms or through written permission may result in the termination of your account.

6. FEES, REFUNDS, AND CANCELLATION POLICIES

By submitting credit card or bank account information to Equinnovus, you are authorizing Equinnovus to debit your account for the fees associated with our Services, and as updated on our website. You represent and warrant that the credit card information supplied to us is true, correct, and complete, and that payments made by you will be honored by your credit card company, and that you shall pay for all charges associated with your Registration. All fees are stated in US dollars. The following timelines and requirements apply:

• Loading Fees for Sale Horse Listings are charged per horse, and will be processed when Listings enter the production phase. 

• Sale Horse Listings that are part of a Sale Barn Listing do not incur Loading Fees. 

• All new Sale Barn Listings must agree to a 3-month minimum commitment. This commitment begins when the Sale Barn Listing is first made available to the public on the Site and extends for 90-days.

• All monthly subscription fees are paid in advance.

• The monthly subscription fee is determined by the number of Active Sale Horse Listings that are associated to either a) your Sale Barn Listing, or b) a singular credit card, on the 1st of each month.

• Monthly subscription fees are processed automatically on the 5th of each month.

• Listings launched in the middle of a billing period will be pro-rated for the first month.

• Listings will remain live on the Site, and monthly subscription fees will continue to be processed, until we are notified of cancellation

• Refunds will not be given for cancellations made in the middle of a billing cycle.

7: USER GENERATED CONTRIBUTIONS

Any content uploaded, emailed, messaged or otherwise made available to the Services (collectively, “Contributions”) may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:

8: CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions made available to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

9: CONTENT

By submitting text, files, images, photos, videos, sounds or other materials (collectively, “Content”) to the Services you represent and warrant to us that such Content is true and correct in all respects, that you have the right to submit such Content, and that Equinnovus’ use of the Content through the Services, and as described in the Legal Terms, will not infringe or violate the rights of any third party, including without limitation any intellectual property rights and rights of privacy. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you submit to the Service.

By submitting Content to the Service you hereby grant to Equinnovus a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly display, reproduce and translate such Content, including but not limited to posting such Content online.

When a Subscriber completes the Approval Phase and approves their Listing for launch on the Site, they agree to release Equinnovus from all liability pertaining to the accuracy, integrity, or quality of Content made available through the Site or Services. As such, Equinnovus does not guarantee the accuracy, integrity or quality of such Content, and under no circumstances will Equinnovus be held liable in any way for any Content or for any loss or damage of any kind incurred as a result of any Content posted, emailed, or otherwise made available via the Services. In particular, but without limitation, Equinnovus does not guarantee or warrant the owner or seller’s products, horses, services, or representations. 

Equinnovus does not guarantee or warrant the performance of any person or entity advertising through our Services. Equinnovus does not guarantee or warrant a horse’s performance or fitness for a particular purpose. We strongly recommend that a pre-purchase exam be performed by the buyer’s equine veterinarian of choice on any horse prior to purchase.

Equinnovus shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.

10: THIRD PARTY CONTENT, SITES AND SERVICES

The Site and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the Services, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your linking to any other websites is at your own risk. Equinnovus makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals, and that Equinnovus has no obligation to become involved. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any other user or third party.

11. LIMITATIONS ON THE SERVICE

Equinnovus may establish limits concerning use of our Site, including the maximum number of days that ads will be retained. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. We reserve the right at any time to modify or discontinue the Services (or any part thereof_ with or without notice, and that we shall not be liable to you or to any third party for any modification, suspension, or discontinuation of our Services.

12: PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

• Use any information obtained from the Services in order to harass, abuse, or harm another person.

• Make improper use of our support services or submit false reports of abuse or misconduct.

• Use the Services in a manner inconsistent with any applicable laws or regulations.

• Engage in unauthorized framing of or linking to the Services.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• Delete the copyright or other proprietary rights notice from any Content.

• Attempt to impersonate another user or person or use the username of another user.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

13. NOTIFICATION OF CLAIMS OF INFRINGEMENT

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 contact us for notice of claims of copyright or other intellectual property infringement at amber@exchangehunterjumper.com.

Please provide us with the following Notice:

• Identify the material on the hunterjumper.exchange site that you claim is infringing, with enough detail so that we may locate it on the website;

• 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 declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

• Your address, telephone number, and email address; and

• Your physical or electronic signature.

• Equinnovus may remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

14. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Kentucky and yourself irrevocably consent that the courts of Fayette Country shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

18. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

19. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY

INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

20. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

22. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

24. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.