Privacy Policy
Terms and Conditions (User's Agreement)
Sales Agent Terms and Conditions
Privacy Policy
As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party.
Our primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier.
In general, you can browse our site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout our site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature.
We use your information to facilitate the services you request. We use information in the file we maintain about you, and other information we obtain from your current and past activities on the site, to resolve disputes, troubleshoot problems and enforce our Terms and Conditions.
If you choose to list a horse, stallion services, or any other product or service for sale on our site, or otherwise provide us with your credit card information, we use your address and billing information to bill you and provide associated support.
You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our content and product offerings, and customize our site's content, layout, and services. These uses improve our site and better tailor it to meet your needs.
Legal Requests
TWH Network cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability. Additionally, TWH Network reserves the right (and you authorize TWH Network) to communicate any information about you (including, but not limited to your policy violations) to other users or law enforcement as we in our sole discretion determine necessary or appropriate to maintain a level of trust and safety in our community and to enforce our User Agreement, Privacy Policy and any posted policies or rules applicable to services you use through our site.
Terms and Conditions (User's Agreement)
BELOW ARE THE TERMS ON WHICH TENNESSEE WALKING HORSE NETWORK (TWH Network) OPERATES.
This Agreement describes the terms and conditions applicable to your use of our services. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement and/or our Sales Agent Terms (if applicable), which include those terms and conditions expressly set out below and those incorporated by reference, before you may post a horse, stallion services, or any other service on twhnetwork.com (TWH Network.)
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective immediately when they are initially posted on our site.
This Agreement is effective on May 20, 2005 for all users.
1. Fees and Services
A $100 sales fees is due upon the sale of each horse sold due to the efforts of TWH Network. See Sales Agent Terms for further explanation.
Searching for a horse, stallion services, viewing other services offered, viewing the Directory listings, and posting a "Free" want ad are free. We charge a fee for posting all ads other than "Free" want ads and Directory listings on our site. Please see our Rates page for our current rates and further explanation.
When you list a horse, stallion service, or purchase a Web site membership, you have an opportunity to review and accept the fees that you will be charged for the use of services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service.
Unless explicitly stated otherwise, any new features that augment or enhance the current site, including the introductions of new services, shall be subject to this agreement. You understand and agree that our services are provided "AS-IS" and that Tennessee Walking Horse Network assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
All fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our Web site and all applicable taxes.
2. TWH Network is a Venue
TWH Network is not an auctioneer. Our site acts as a venue to allow anyone to offer for sale a Horse or Stallion Services, in addition to Web site memberships, and/or Directory listings.
We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the horses, stallion services, products, or other services advertised, the truth or accuracy of the listings, the ability of sellers to sell or the ability of buyers to buy horses, stallion services, or any other product or service. We cannot ensure that a buyer or seller will actually complete a transaction.
We do not guarantee the soundness, saneness, or suitability of any horse offered for sale on our website. Furthermore, as a venue, TWH Network does not take responsibility for any transactions of any nature, which occur between the parties as a result of having met on the TWH Network site. TWH Network would like to remind our users to use prudence and good sense when dealing with 3rd parties over the Internet and to be wary of any potential for fraud.
3. Copyrights
If your post a photograph on our site, be aware that US and international copyright laws will apply to you. If you are using a photo taken by a professional photographer or someone other than yourself, you must obtain the permission of the photographer BEFORE you post the photograph on our site. However, you do not need to forward that permission on to us.
TWH NETWORK ASSUMES THAT BY POSTING THE PICTURE ON OUR SITE YOU HAVE OBTAINED THE APPROPRIATE PERMISSION TO POST THE PICTURE ON YOURS OR OUR SITE.
In addition, you agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, and court costs made by any third party due to or arising out of your breach of this Agreement (with special note here with regard to our Copyrights policy) or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4 . Release
In the event that you have a dispute with one or more users, you release TWH Network (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, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: "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."
5. Information Control and Content
We do not control the information provided by other users that is made available through our system. You may find other user's information to be inaccurate or deceptive. Please use caution and common sense when you are dealing with persons over the Internet.
You acknowledge that TWH Network does not pre-screen content, but that TWH Network and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the service. Without limiting the foregoing, TWH Network and its designees shall have the right to remove any content that violates the USER AGREEMENT or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You acknowledge and agree that TWH Network may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the USER AGREEMENT; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TWH Network, its users and the public.
You understand that the technical processing and transmission of the service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
6 . Listing a Horse
You must be legally able to sell the horses, stallion services, or other products or services you list for sale on our site. Your listings may only include text descriptions, graphics, pictures and other content relevant to that sale.
7. Fraud
Without limiting any other remedies, TWH Network may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
8. Your Information and Registration Obligations
Definition . "Your Information" is defined as any information you provide to us or other users in the registration or listing process, in any public message area (including body of the ad) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
RestrictedActivities. Your Information (or any horses, stallion services, or any other products or services listed) and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of stolen horses or items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement.
In consideration of your use of TWH Network, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the TWH Network registration form and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TWH Network has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TWH Network has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof).
9 . License
TWH Network does not claim ownership of content you submit or make available for inclusion on the service. Solely to enable TWH Network to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your Information, in any media now known or not currently known, with respect to Your Information. TWH Network will only use Your Information in accordance with our Privacy Policy.
With respect to User Agreement, graphics, photos, audio or video you submit or make available for inclusion on publicly accessible area of the Service the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the service solely for the purpose for which such content was submitted or made available. This license exists only for as long as elect to continue to include such content on the service and will terminate at the time you remove or TWH Network removes such content from the service.
You are solely responsible for obtaining any and all license(s), bonds, etc. needed as required by the laws of your state.
10. Access and Interference
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the TWH Network site or any activities conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
11. Breach
Without limiting other remedies, we may immediately remove your listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your ability to post a Horse, Stallion Services, or other Product and Services and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
12. Privacy
We do not sell or rent your personal information to third parties for marketing purposes and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information are one of our most important assets.
13. No Warranty
We, our subsidiaries, employees, and our suppliers provide our Web site and services "as is" and "as available" and without any warranty or condition, express, implied, or statutory. We, our subsidiaries, employees, and our suppliers specifically disclaim any implied warranties of title, ownership, merchantability, fitness for a particular purpose and non-infringement. In particular, we do not warrant the soundness, saneness, or suitability of any horse or stallion listed on our site.
TWH Network makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, horses, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
No advice or information, whether oral or written, obtained by you from TWH Network or through or from the service shall create any warranty not expressly stated in the User Agreement.
14. Liability Limit
In no event shall TWH Network, our subsidiaries, employees, officers, directors, or our suppliers be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or intangible losses (even if TWH Network has been advised of the possibility of such damages) arising out of or in connection with our site, our services, or this agreement (however arising, including negligence).
15. Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, 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 the documents it incorporates by reference, or your violation of any law or the rights of a third party.
16. Modifications to Service
TWH Network reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that TWH Network shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
17. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of horses, stallion services, or any other products or services listed on our site.
19. No Agency
You and TWH Network are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
21. TWH Network’s Proprietary Rights
You acknowledge and agree that the service and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in advertisements or information presented to you through the service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TWH Network or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.
22. Trademark Information
”Tennessee Walking Horse Network” or "TWH Network,” and the logo are trademarks of TWH Network. Without TWH Network’s prior permission, you agree not to display or use in any manner.
23. Termination
You agree that TWH Network, in its sole discretion, may terminate your membership or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if TWH Network believes that you have violated or acted inconsistently with the letter or spirit of the User Agreement. TWH Network may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that TWH Network may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that TWH Network shall not be liable to you or any third-party for any termination of your access to the service.
24. Special Admonitions for International User
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
25. Links
TWH Network may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TWH Network has no control over such sites and resources, you acknowledge and agree that TWH Network is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TWH Network shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
26. Additional Terms
The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on our site:
Privacy Policy
Sales Agent Terms
Any of these policies may be changed from time to time and are effective immediately after we post the changes on our site. In addition, when using particular services on our site, you agree that you are subject to any posted policies or rules applicable to services you use through our site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
27. Refund Policy
TWH Network wants you to have a positive experience with all of your online transactions via this Web site.
Because we offer real-time billing for our listings, and you have the option not to complete the transaction, we do not offer refunds for routine transactions. However, we do offer a full refund for errors with your order that are directly attributable to the online service and its staff.
If you feel that there has been an error with your order, please contact us.
28. General
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. Headings are for reference purposes only and in no way define, limit, construe or describe 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.
The USER AGREEMENT constitutes the entire agreement between you and TWH Network and governs your use of the service, superseding any prior agreements between you and TWH Network. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of TWH Network to exercise or enforce any right or provision of the USER AGREEMENT shall not constitute a waiver of such right or provision. If any provision of the USER AGREEMENT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the USER AGREEMENT remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the USER AGREEMENT must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Sales Agent Terms and Conditions
As agent, the primary service and function of Tennessee Walking Horse Network (TWH Network) is to advertise the horse for the seller by utilizing various methods and contacts, to screen responses and determine possible matches of horse and buyer, and bring together buyer and seller. Any negotiation of price, method of payment, terms or guarantees is between buyer and seller and is not the responsibility of TWH Network.
Buyers and Sellers Terms and Conditions: The following policies are in place for the benefit of both Buyer and Seller. Any requested exceptions to these policies should be clarified, when possible, in advance of the sales transaction. Sellers may have additional Terms and Conditions of their own. It is advised that Buyers ask about such Terms and Conditions before entering into a transaction.
SELLER
Seller must provide true and accurate information about his/her horse(s) to TWH Network and potential buyers. It is incumbent upon the seller to disclose any illness, injury, unsoundness, or danger related to their horse.
Seller is responsible for meeting all requirements of his/her state before shipping the horse. The responsibility of this expense should be determined by the Buyer and Seller.
Seller will (when required) provide buyer or transporter with all necessary documents such as Coggins, health certificate, etc. The responsibility of this expense should be determined by the Buyer and Seller.
It is the seller’s responsibility to provide appropriate registration papers, breeder’s certificates, etc. to the buyer in a timely manner once payment has been received.
Seller agrees to pay TWH Network a $100 sales fee on each horse sold or traded through efforts made by Shawn Bryant or by listing on the TWH Network Web site. Should a deposit be taken on a horse but, the sale falls through, the Seller agrees to pay TWH Network 10% of said deposit.
BUYER
Buyer is responsible for paying for the horse in a timely and agreed upon manner. Once full payment is received via bank transfer, cashiers check, clear personal check or cash, ownership will be transferred to the buyer and registration papers, breeder’s certificates, bills of sale, etc. will be sent immediately to the new owner. Understand that not every Seller will accept all of the payment options listed above. You much check with individual Sellers as to what form of payment they accept.
Buyer may be responsible for boarding fees for a horse that is not picked up during the time period agreed upon.
Buyer is responsible for vet fees on all pre-purchase veterinary exams and any veterinary fees incurred after the sale is finalized unless otherwise agreed upon by Buyer and Seller.
Buyer is responsible for making transportation arrangements and paying for transportation of horse(s), unless otherwise agreed upon by Buyer and Seller. It is strongly recommended that Buyer purchase insurance on the horse through a reputable equine insurance agency.
Deposits taken on horses are considered non-refundable, unless otherwise agreed upon, up front, by the Seller and Buyer.
Please note that all horses are presented as represented by the owner. Although every effort is made to determine that the information presented is factual, TWH Network makes no claim to that. It is always advisable to have a horse examined by a veterinarian before purchasing, and if you are not a knowledgeable horseperson, it is wise to have a trainer or someone fully experienced assist you in evaluating a horse. For buyer safety, it is recommended that a buyer who is interested in purchasing a riding horse watch the seller or his/her representative handle and ride the horse before attempting to do so themselves.
TWH Network is to be completely indemnified and held harmless by both the buyer and seller for any dispute between them or any other party concerning the horse, or for injury to the horse, buyer, or anyone involved in this transaction in any way, and further, that the TWH Network when marketing the horse is in no way implying any warranty or guarantee other than that which may be offered by the seller, with whom the full responsibility lies to honor said warranty or guarantee accuracy.
