Effective Date: 04/19/2021
2. DESCRIPTION OF SERVICES
BIGEQ offers users equestrian classified advertising via mobile and web application platforms (the “Service”). Any new or additional services which BIGEQ may offer are subject to the TOU. Users who wish to place any advertisements must register for an account. Once registered, they may purchase one or more types of classified advertisement(s): 1) to advertise a horse for sale and/or lease and/or stallion stud services (Sale/Lease/Stud advertisement); 2) to advertise a related equestrian service (Barns & Services advertisement); and 3) advertise a horse-wanted or in-search-of a horse (ISO Horse advertisement). All user-generated Content, including but not limited to text descriptions, photo(s) or video link upload shall comply with all requirements and procedures set forth by BIGEQ in this TOU. Each ad will run for the term set forth on the date you placed it and paid all fees for it. The ad will expire at the conclusion of the term selected. BIGEQ may contact users via email for technical support, announcements and administrative purposes.
Individual Sale/Lease/Stud advertisements are limited to information regarding one horse only. Users may purchase additional individual advertisements for additional horse(s). Advertisements including information for additional horses, a sales list, or any other service or business are prohibited and subject to immediate termination without refund of fees. Each advertisement will include user-generated information about the horse including horse specifications (age, height, breed, etc.), text description, photos, video links, and contact information. Users may provide and upload photo(s) and/or video link with ads.
Individual Barns & Services advertisement are limited to information regarding one service only. Each advertisement will include user-generated information about the service including logo, location, text description, 3rd party website URL. Users may provide and upload logo and all information with ads.
ISO Horse advertisements will include user-generated information about the type of horse the buyer for which the buyer is searching. Users may list one or more horse descriptions and contact information in the advertisement.
3. USER REGISTRATION, ACCOUNTS & CONTENT
To register with BIGEQ, you must be over 18 years of age and agree that you will comply with all laws, ordinances, and regulations applicable to your activities on BIGEQ. You also agree to provide true, accurate, current and complete information about yourself during registration form and keep this information true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete in either your registration form or in any advertisement, or BIGEQ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BIGEQ has the right to suspend or terminate your account and refuse any and all current or future use of our service (or any portion thereof).
You will receive a password and account designation upon completing our 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. You agree to (a) immediately notify BIGEQ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
BIGEQ shall not be liable for any loss or damage arising from your failure to comply with these guidelines including, but not limited to, any unauthorized use. BIGEQ reserves the right to log off accounts that are inactive for an extended period of time.
BIGEQ does not control, and is not responsible for Content made available through it, and that by using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. The user represents that they are fully authorized and licensed to use the entire Contents of the material submitted for an ad on BIGEQ. This includes the names, portraits and/or photographs of persons and/or animals, any photographs, description, copy, other copyrighted material, or any testimonials, and has the right to and is capable of selling or providing the product or service advertised at the price advertised. BIGEQ does not guarantee or warrant any user or third party's products, horses, services, or representations. In particular, but without limitation, BIGEQ is not responsible for the claims of any owner or seller regarding a horse(s) for sale, lease, or stud, including show records, health, performance, fitness for a particular purpose, or any other claims asserted. BIGEQ may make reasonable editorial changes to ads in order to maintain the integrity and prestige of our service. BIGEQ is not responsible for typos or accidental errors appearing on our service.
BIGEQ does not guarantee the sale or lease of your horse or any other product or service advertised on BIGEQ. BIGEQ does not guarantee the owner/seller’s services, representations, or any horse’s performance or fitness for a particular purpose, or the performance of any person or entity advertising on its site.
If you provide contact information for people interested in your horse(s) or services, BIGEQ is not responsible for any misuse of this information. It is your responsibility to remove your advertisements from the BIGEQ service upon sale or transfer.
4. LIMITATIONS ON SERVICE
BIGEQ may establish limits concerning use of the our site, including the maximum number of days that ads will be retained, the maximum number and size of postings, email messages, or anything which may be transmitted or stored by the BIGEQ, and the frequency with which you may access the site. You agree that BIGEQ has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. BIGEQ reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that BIGEQ shall not be liable to you or to any third party for any modification, suspension or discontinuance of our service. Postings on BIGEQ are dynamic and BIGEQ is not responsible for saving variations and changes to postings. BIGEQ does not retain copies of deleted postings.
Our service is based online. You are responsible for obtaining access which may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access our service.
5. THIRD PARTY CORRESPONDENCE, CONTENT, SITES AND SERVICES
The BIGEQ site and Content available through it may contain features and functionalities that may link you or provide you with access to third party Content which is completely independent of BIGEQ, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. BIGEQ does not control, and is not responsible for Content made available through it or made available through links to other websites, which are completely independent of BIGEQ. BIGEQ makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your access to any other websites through these links is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will BIGEQ be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via BIGEQ.
Your correspondence or business dealings with a user found on or through BIGEQ, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such user. You agree that BIGEQ shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our service.. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that BIGEQ has no obligation to become involved.
BIGEQ does not control, and is not responsible for, Content made available through the BIGEQ site, app or social media channels, and, as such, does not guarantee or warrant any user or third party's products, horses, services, or representations. In particular, but without limitation, BIGEQ is not responsible for the claims of any owner or seller regarding a horse(s) for sale or lease, including show records, health, performance, or fitness for a particular purpose, or any other claim. BIGEQ strongly recommends that a pre-purchase exam be performed by the buyer's equine veterinarian of choice on any horse prior to purchase.
We suggest that you report any incidents of fraud to the Internet Crime Complaint Center and your local authorities. Subject to court order or law enforcement directions BIGEQ reserves the right to remove or not remove an ad based on the accusation of fraud.
6. PAYMENTS, REFUNDS, CANCELLATION POLICIES
You agree to pay, in advance, all amounts or fees owed to BIGEQ for the placement of your ad. BIGEQ may raise or lower ad prices, linking prices, or other services without notice. Ads placed on BIGEQ are non-refundable. If your horse sells within the contracted time of the ad you will not be refunded for the unused time of the ad. Ads may be cancelled at any point by the user. No refunds will be issued for the unused time of the ad at the date the user chooses to cancel the ad.
7. USER CONDUCT
You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; b) that is pornographic, offensive, vulgar, obscene, invasive of another’s privacy; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that impersonates any person or entity, including, but not limited to, a BIGEQ employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non- deceptive parody of public figures.); e) that includes personal or identifying information about another person without that person’s explicit consent; f) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”; g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the BIGEQ site which are not designated for such purposes; or emailed to BIGEQ users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. j) that includes links to commercial services or web sites, except as allowed; l) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law; m) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; n) that disrupts the normal flow of the site with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or o) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: p) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; q) “stalk” or otherwise harass anyone; r) collect personal data about other users for commercial or unlawful purposes; s) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by BIGEQ; t) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; u) attempt to gain unauthorized access to BIGEQ’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the BIGEQ website; or v) use any form of automated device or computer program that enables the submission of postings on BIGEQ without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. Further, you agree not to sell, resell, or offer for any commercial purposes, any portion of the BIGEQ site, use of the BIGEQ site, or access to the BIGEQ site.
8. PROPRIETARY RIGHTS IN CONTENT ON BIGEQ
BIGEQ does NOT claim ANY ownership rights in the Content that you post on or through the Service. By displaying or publishing (“posting”) any Content on or through the Service, you hereby grant to BIGEQ a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including but not limited to posting such Content online.
You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Service.
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 notify BIGEQ. Please provide the following information:
a) Identify the material on the BIGEQ site that you claim is infringing, with enough detail so that we may locate it on the website; b) 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;
c) 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; d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
BIGEQ may remove the infringing posting(s), subject to the procedures outlined in the Digital Millenium Copyright Act (DMCA).
9. DISCLAIMER OF WARRANTIES
We provide the site on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Big Eq LLC shall have no liability for any interruptions in the use of the Site or the Service. BIG EQ LLC DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The materials of this Site may be out of date, and Big Eq LLC makes no commitment to update the materials at this Site. WITHOUT LIMITING THE FOREGOING, BIG EQ LLC ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO: (a) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF BIGEQ AND CONTENT ACCESSED THROUGH BIGEQ; (b) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF BIGEQ OR CONTENT ACCESSED THROUGH BIG EQ LLC; (c) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF BIGEQ OR CONTENT ACCESSED THROUGH BIGEQ (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON BIGEQ OR IN CONTENT).
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER. IN PARTICULAR COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SERVICE, BIGEQ OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE TO YOU.
THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF BIGEQ OR CONTENT ACCESSED BIGEQ; ANY INABILITY TO ACCESS OR USE BIGEQ OR CONTENT ACCESSED THROUGH BIGEQ; OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF BIGEQ OR CONTENT ACCESSED THROUGH BIGEQ.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF BIGEQ OR CONTENT ACCESSED THROUGH BIGEQ (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON BIGEQ AND LINKS IN CONTENT ACCESSED THROUGH BIGEQ).
You agree to indemnify and hold Big Eq LLC, any parents, subsidiaries, affiliates, officers and employees, harmless from and against any third-party claim, demand, damage, liability, cost or expense, including reasonable attorneys’ fees and costs, arising out of or related to your use of the Site or Service, activity that occurs through or by use of your account, your breach of this Agreement.
The trademarks, service marks, trade names, and logos, including, without limitation “BIGEQ,” the BIGEQ logo, “First in Hunter/Jumper Sales Online” and “From Short Stirrup to Show Jumpers” (the “Trademarks”) used and displayed on BIGEQ are registered and unregistered Trademarks of BIGEQ LLC. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of BIGEQ LLC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BIGEQ LLC. You acknowledge that the Trademarks used and displayed on BIGEQ are and shall remain the sole property of BIGEQ LLC or the trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you.
Further, nothing in this site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the site, without the express written permission of Big Eq LLC or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other Content on the Site, is strictly prohibited.
This agreement is governed by the laws of the Commonwealth of Massachusetts, USA, notwithstanding its conflicts of laws provisions. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts which serve Massachusetts, United States of America, in any litigation or disputes arising out of or relating to the use of BIGEQ and agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BIGEQ as a result of this agreement or use of this website. BIGEQ’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BIGEQ’s right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by BIGEQ with respect to such use.
This agreement may be assigned in part or whole by BIGEQ LLC. This agreement may not be assigned in any manner by you without the express, prior written permission of BIGEQ LLC. If any part of this agreement is determined by a court of competent jurisdiction to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect.
This agreement constitutes the entire agreement between the user and BIGEQ with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BIGEQ with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
14. LICENSE & USE
If you are 18 or older, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access BIGEQ in compliance with the TOU; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or "frame" Content from BIGEQ. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with BIGEQ LLC, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users' personal and/or contact information ("PI")
You agree not to access (or attempt to access) BIGEQ or its Content by any means other than through the interface that is provided by BIGEQ LLC, unless you have been specifically allowed to do so in a separate, written agreement with BIGEQ LLC. You agree that you will not engage in any activity that interferes with or disrupts BIGEQ (or the servers and networks which are connected to the site). Unless you have been specifically permitted to do so in a separate, written agreement with BIGEQ LLC, you agree that you will not scrape, reproduce, duplicate, copy, sell, trade or resell BIGEQ or its Content for any purpose. You agree that you will not modify, adapt, translate, or reverse engineer any portion of BIGEQ. You agree that you are solely responsible for (and that BIGEQ LLC has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which BIGEQ LLC may suffer) of any such breach.
15. MOBILE APP
You agree that all of the terms and conditions found herein apply to your use of the BIGEQ Horse Sales iOS Mobile Application (the BIGEQ App). Additionally, you agree that the BIGEQ App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the BIGEQ App, you are asking BIGEQ to make formatting changes to any horse listings as they appear on your phone, in order to enable you to utilize your BIGEQ account. You further acknowledge that your use of the BIGEQ App may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the BIGEQ App, and BIGEQ LLC disclaims all responsibility for such data usage. In addition, if you allow BIGEQ App to utilize location services, the BIGEQ App may suggest to you and collect from you certain information based on your geographic location.
16. MEMBERSHIPS & PAID SUBSCRIPTIONS
The Site, including the BIGEQ Pro Market Membership, may allow you to purchase access to Content or Services on a subscription basis (“Paid Subscriptions”). Paid Subscriptions automatically renew until you cancel. To cancel, login to your BIGEQ account, and cancel in in the Pro Market Membership section. Cancelled Paid Subscriptions expire 30 days from the last payment. We will notify you if the price of a Paid Subscription increases and, if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest Paid Subscription period. If we cannot charge your payment method for any reason (such as expiration or insufficient funds), and you have not cancelled the Paid Subscription, you remain responsible for any uncollected amounts, and we will attempt to charge the payment method as you may update your payment method information. This may result in a change to the start of your next Paid Subscription period and may change the date on which you are billed for each period. We reserve the right to cancel your Paid Subscription if we are unable to successfully charge your payment method to renew your subscription.
When your Paid Subscription to any service on the Site ends, you will lose access to any functionality or Content of that Site that requires a Paid Subscription.