• Welcome to First-Over! These are our Terms and Conditions of Use (“Terms”) which is an agreement between you and First-Over, LLC. (“First-Over” or “Us” or “Our’). This agreement is for your use of First-Over’s online service (“Our Service”) which connects people buying and selling horses. Please read these Terms carefully, because they govern your use of Our Service. If you have any questions you may reach us at firstname.lastname@example.org – We are glad to answer any questions you have so that you feel comfortable using Our Service.
If you use Our Service then you agree to these Terms. If you don’t agree to these Terms then please do not use Our Service. If you use Our Service as an employee on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company to these Terms. You must be 18 years or older and must have the capacity to enter into binding contracts in order to use Our Service.
In order to protect you and Our Service, you agree that we can stop your access to Our Service, at our sole discretion, without notice. You may also cancel your access to Our Service at any time simply by contacting email@example.com – However, upon any cessation of access to Our Service for any reason the Terms involving warranty, limitations of liability, venue, and jurisdiction will survive.
In the unlikely event that a dispute has arisen, that dispute must be resolved by a court located in New York, New York. As such, you agree to submit to the personal jurisdiction of the federal or state courts located within New York, New York. We also agree that the laws of the State of New York will govern these Terms and our dispute without regard to principles of conflict of laws. An award of reasonable attorney’s fees shall be awarded to the prevailing party.
• Limitation of Liability and Warranty
While we make every effort to make Our Service safe for use, we cannot guarantee perfection with either (a) the operation of Our Service or (b) access to Our Service. As such, you agree that you are making use of Our Service at your own risk, and that Our Service is being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, we are not liable, and you agree not to hold us responsible, for any damages or losses resulting from content you provide, use of Our Service, inability to use Our Service, any information provided related to shipping or price, glitches, viruses, damage to your computer (or similar device), and any horses sold or purchased through Our Service. Please know that some jurisdictions do not allow for a disclaimer of warranties or exclusion of damages. In the event that we are liable, you agree that our liability is limited to the greater of (a) the fees paid for Our Service or (b) $100. All horses purchased or sold via Our Service are sold “AS IS” unless expressly agreed otherwise between the buyer and seller. You understand and agree that we (a) are not an agent of either the buyer or the seller, (b) do not investigate or make any representations whatsoever as to the physical of the horse or the financial condition of the buying or selling party, (c) are involved in any way whatsoever with the purchase or sale of the horse other than acting as a facilitator of the sale, and (d) will not be liable in the event that a buyer, seller or user defaults on any agreement entered into via Our Service. Your due diligence is advisable and your responsibility only.
You agree to indemnify and hold us harmless for any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms, illegal or improper use of Our Services or your breach of any law or the rights of a third party.
In the event you have a dispute with another user, you completely release us from claims of any kind. You further agree to expressly waive any statutory protections that limit this release.
We may amend these Terms at any time by posting the amended terms on our website. Your continued use of Our Services constitutes acceptance of the amendments.
You understand that Our Service may contain links to other websites that are not owned or controlled by us. As such, you agree that we are not liable for any damage or loss caused by the use of or reliance upon these links.
• Intellectual Property
You agree to grant us a perpetual, non-exclusive, worldwide, irrevocable, royalty-free right to exercise all intellectual property rights whatsoever related to the content you indirectly or directly provide. As such, you waive your right to enforce any intellectual property rights you may have in the content you provide. You also agree that any content you provide does not contain intellectual property that you do not own or do not have a license to exercise.
• Entire Agreement
These Terms are the entire agreement between you and us regarding Our Services and replace any prior agreements and/or amendments.