Terms and Conditions

Effective Date: October 10, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PASTUREPOST PLATFORM. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SERVICES.

1. Introduction

Welcome to PasturePost (“we,” “us,” or “our“). PasturePost is an online equine classifieds platform dedicated to connecting the horse community. These Terms and Conditions (“Terms“) govern your access to and use of the PasturePost website, mobile applications, and any other services we provide (collectively, the “Services“).

2. Acceptance of Terms

By creating an account, listing an item, purchasing a membership, or otherwise using our Services, you agree, on behalf of yourself and others who may use the Services under your account, to comply with and be legally bound by these Terms, our Privacy Policy, and any additional terms and conditions referenced herein or applicable to specific sections of the Services (“Additional Terms“). If these Terms are inconsistent with any Additional Terms, the Additional Terms will control.

3. Electronic Communications

When you use our Services or send emails, messages, and other communications from your device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

4. Eligibility

4.1. Age Requirement

You must be at least 18 years old or the age of majority in your jurisdiction to use our Services. If you are under 18, you may use the Services only with the involvement and consent of a parent or guardian.

4.2. Authority and Compliance

By using the Services, you represent and warrant that you have the legal right, authority, and capacity to enter into these Terms and to abide by all the terms and conditions herein. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

5. Account Registration

5.1. Account Creation

To access certain features of our Services, you must register for an account (“Account“) and provide accurate, current, and complete information during the registration process.

5.2. Account Security

You are responsible for maintaining the confidentiality of your Account login credentials and for all activities that occur under your Account. You agree to:

• Notify us immediately of any unauthorized use of your Account or any other security breach.
• Ensure that you exit from your Account at the end of each session.
• Accept responsibility for all activities that occur under your Account or password.

5.3. Account Responsibility

You are solely responsible for all activities conducted through your Account. We reserve the right to refuse service, terminate Accounts, or remove or edit content in our sole discretion.

6. User Conduct

6.1. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Violating any applicable local, state, national, or international laws or regulations.
• Posting false, misleading, or deceptive content.
• Infringing upon the rights of any third party, including intellectual property rights.
• Transmitting any viruses, malware, or other harmful or disruptive code.
• Engaging in harassing, threatening, abusive, defamatory, obscene, or otherwise objectionable behavior.
• Interfering with or disrupting the integrity or performance of the Services or the data contained therein.
• Attempting to gain unauthorized access to any part of the Services or related systems.

6.2. User Content

6.2.1. Ownership

You retain ownership of any content you post, upload, or otherwise make available through the Services (“User Content“).

6.2.2. License to PasturePost

By providing User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

6.2.3. Responsibility

You represent and warrant that:

• You own or control all rights to your User Content.
• Your User Content is accurate.
• Use of your User Content does not violate these Terms and will not cause injury to any person or entity.
• You will indemnify PasturePost for all claims resulting from your User Content.

We have the right, but not the obligation, to monitor, edit, or remove any User Content.

6.3. Informational Content

Any informational material provided on the Services, including but not limited to blog posts, articles, and resources (“Informational Content“), is for general educational and informational purposes only. We do not guarantee the accuracy, completeness, or reliability of Informational Content and do not endorse or recommend specific products, services, or practices mentioned. Informational Content should not substitute for professional advice. Reliance on any Informational Content is at your own risk.

7. Listings and Transactions

7.1. Listings

7.1.1. Accuracy

You must provide accurate, current, and complete information for all listings, including any relevant details about the item or service being offered.

7.1.2. Compliance

All listings must comply with:

• Applicable local, state, national, and international laws and regulations.
• PasturePost policies and guidelines.

7.1.3. Prohibited Items

You may not list any prohibited items, including but not limited to:

• Stolen goods.
• Illegal substances or materials.
• Items that infringe upon third-party rights, including intellectual property rights.
• Items subject to embargoes or trade restrictions.

7.2. Transactions

7.2.1. Direct Transactions

PasturePost acts solely as a venue for users to interact. All transactions are conducted directly between buyers and sellers. We do not:

• Act as an agent for either party.
• Participate in the actual transaction between users.

7.2.2. No Endorsement

We do not endorse any users, listings, or User Content. We are not responsible for:

• The quality, safety, legality, or availability of items listed.
• The truth or accuracy of listings or User Content.
• The ability of sellers to sell items or services.
• The ability of buyers to pay for items or services.

7.2.3. Risk of Loss

All purchases are made at the buyer’s risk. We do not assume any liability for the risk of loss of items during shipment or otherwise.

7.2.4. Disputes

Any disputes arising from transactions are solely between the buyer and seller. PasturePost is not obligated to mediate or resolve disputes but may, at its discretion, offer assistance.

7.3. Informational and Educational Content in Listings

Any informational or educational content included in listings or published by PasturePost is not guaranteed to be accurate or complete. We assume no responsibility for the use or misuse of such content. Users are advised to consult appropriate professionals for guidance tailored to their needs.

8. Fees and Payments

8.1. Listing Fees

Certain types of listings may require the payment of fees, as described in our Pricing section. Fees are subject to change upon prior notice to you.

8.2. Membership Fees

Fees for PasturePost Pro Memberships are billed annually and are non-refundable, except as required by applicable law.

8.3. Payment Processing

Payments are processed through third-party payment processors. By making a payment through the Services, you agree to comply with the terms and conditions of these payment processors.

8.4. Taxes

You are responsible for determining and paying any applicable taxes in connection with your use of the Services. We are not responsible for collecting, reporting, or remitting any taxes arising from any transaction.

9. Intellectual Property Rights

9.1. PasturePost Content

All content on the Services, excluding User Content, including but not limited to text, graphics, logos, images, software, and trademarks (“PasturePost Content“), is owned by PasturePost or its licensors and is protected by copyright, trademark, and other intellectual property laws.

9.2. Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and make use of the Services and PasturePost Content solely in accordance with these Terms.

9.3. Restrictions

You agree not to:

• Modify, reproduce, distribute, create derivative works of, publicly display, or exploit any PasturePost Content, except as expressly permitted by us.
• Use any data mining, robots, or similar data gathering and extraction tools.
• Frame or utilize framing techniques to enclose any PasturePost trademark, logo, or proprietary information without express written consent.
• Use any meta tags or other “hidden text” utilizing PasturePost’s name or trademarks without express written consent.

All rights not expressly granted to you are reserved and retained by PasturePost or its licensors.

10. Termination

10.1. By You

You may deactivate your Account at any time by following the instructions in your Account settings.

10.2. By PasturePost

We reserve the right to suspend or terminate your Account or access to the Services at any time, with or without cause, including but not limited to:

• Violation of these Terms.
• Illegal or unauthorized use of the Services.
• Non-payment of fees owed.

10.3. Effect of Termination

Upon termination:

• All rights and licenses granted to you under these Terms will immediately cease.
• Your Account and User Content may be deleted from our systems.
• Sections of these Terms that by their nature should survive termination will survive, including but not limited to Sections 6, 8, 9, 11, 12, and 13.

11. Disclaimers and Limitation of Liability

11.1. Disclaimers

11.1.1. As-Is Basis

The Services, including all listings, User Content, Informational Content, and other materials, are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.

11.1.2. No Warranty

To the fullest extent permissible by law, PasturePost disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Warranties arising from course of dealing or usage of trade.
• Warranties that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

PasturePost does not warrant the accuracy, reliability, completeness, or timeliness of any content accessed through the Services, including Informational Content, and assumes no liability for actions taken based on this information. Users are solely responsible for verifying the applicability and relevance of any information provided.

11.2. Limitation of Liability

11.2.1. No Liability for Damages

To the fullest extent permissible by law, PasturePost and its affiliates shall not be liable for any damages of any kind arising from the use of the Services, including but not limited to:

• Direct, indirect, incidental, punitive, and consequential damages.
• Loss of profits, data, or other intangible losses.
• Any conduct or content of any third party on the Services.

11.2.2. Maximum Liability

In no event shall PasturePost’s aggregate liability exceed the greater of:

• The total amount paid by you to PasturePost in the twelve (12) months preceding the claim.
• One hundred U.S. dollars (USD $100).

12. Indemnification

You agree to indemnify, defend, and hold harmless PasturePost, its affiliates, and their respective officers, directors, employees, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

• Your access to or use of the Services.
• Your User Content.
• Your violation of these Terms.
• Your violation of any third-party rights, including intellectual property or privacy rights.

13. Dispute Resolution

13.1. Governing Law

These Terms and any disputes arising out of or relating to them or the Services shall be governed by and construed in accordance with the federal laws of the United States and the laws of the state of Delaware, without regard to its conflict of law provisions.

13.2. Arbitration

13.2.1. Agreement to Arbitrate

You and PasturePost agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through binding arbitration, rather than in court, except for matters that may be taken to small claims court.

13.2.2. Arbitration Procedures

• Arbitration Rules: The arbitration will be conducted by the American Arbitration Association under its rules.
• Location: The arbitration shall be conducted in the state of New York or another mutually agreed location.
• Final and Binding: The arbitrator’s decision will be final and binding.

13.2.3. Opt-Out

You may opt out of this arbitration agreement by sending a written notice to 169 Madison Avenue, STE 11765, New York, NY 10016, USA within thirty (30) days of first accepting these Terms, stating that you opt out of the arbitration agreement.

13.3. Class Action Waiver

All claims and disputes must be arbitrated or litigated on an individual basis and not on a class or collective basis. Claims of more than one customer cannot be arbitrated or litigated jointly or consolidated with those of any other customer.

13.4. Venue

For any claims not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within New Castle County, Delaware.

14. Modifications to the Services and Terms

14.1. Changes to Services

We reserve the right to modify, suspend, or discontinue the Services, or any part thereof, at any time with or without notice.

14.2. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by:

• Posting the new Terms on the Services.
• Updating the “Effective Date” at the top of these Terms.
• Sending you an email or other notification.

Your continued use of the Services after the changes become effective constitutes your acceptance of the new Terms.

15. Privacy Policy

Your use of the Services is also subject to our Privacy Policy, which outlines how we collect, use, disclose, and protect your personal information. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

16. Miscellaneous

16.1. Entire Agreement

These Terms, along with any Additional Terms and policies referenced herein, constitute the entire agreement between you and PasturePost regarding the use of the Services and supersede any prior agreements.

16.2. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16.3. No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

16.4. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction.

16.5. Notices

We may provide notices to you by:

• Email to the address provided in your Account.
• Posting a notice on the Services.

We may provide notices to you by email, regular mail, or postings on the Services. You consent to receive communications from us electronically.

17. Contact Information

If you have any questions, comments, or concerns about these Terms or the Services, please contact us at:

• Email: [email protected]
• Address: 169 Madison Avenue, STE 11765, New York, NY 10016, USA