Disclaimer of Liability, Assumption of Risk, and Terms of Use
Effective Date: December 24, 2024
By accessing or using Show Ring Select (the “Platform”), you acknowledge and agree to the terms and conditions set forth below. These terms apply to all users, including individuals submitting horse descriptions, engaging in transactions, or otherwise interacting with the Platform, regardless of geographic location.
1. Limited Role and Responsibility
• Neutral Venue: Show Ring Select serves solely as a listing platform for equine-related advertisements. Show Ring Select does not own, manage, inspect, or endorse any horses listed, nor does it participate in any transactions, agreements, or interactions between users.
• No Verification: Show Ring Select does not verify the accuracy, authenticity, completeness, or quality of any user-provided descriptions, photographs, videos, health records, or other materials. Users are solely responsible for the information they provide, whether as part of the Premium Plan (ad-writing feature) or the Basic Plan.
2. No Warranties or Guarantees
• “As-Is, As-Available Basis: Show Ring Select provides the Platform and its services “as is” and “as available,” without any warranties or guarantees of any kind, express or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, soundness, behavior, or suitability of any horse.
• No Guarantee of Outcomes: Show Ring Select does not guarantee the sale, lease, or success of any transaction or interaction involving horses listed on the Platform.
3. Assumption of Risk
• Inherent Risks of Equine Activities: Users acknowledge and accept that equine activities are inherently dangerous, involving significant risks of personal injury, property damage, financial loss, or death. These risks include, but are not limited to:
• Behavioral Risks: Unpredictable horse behavior, including kicking, biting, bucking, rearing, bolting, or spooking.
• Health Risks: The potential for undisclosed health conditions, injuries, or genetic defects in horses listed on the Platform.
• Transaction Risks: Financial loss due to misrepresentation, fraud, or disputes arising from transactions involving horses listed on the Platform.
• Voluntary Assumption of Risk: By using the Platform, users voluntarily assume all risks associated with equine activities, transactions, and interactions, including risks arising from the conduct, negligence, or omissions of other users.
4. Release of Liability
• Scope of Release: Users expressly release Show Ring Select, its owners, officers, employees, contractors, agents, affiliates, and subsidiaries (collectively, “the Company”) from any and all liability, claims, demands, or causes of action arising from or related to:
• Injuries, illnesses, damages, or death caused by horses listed on the Platform.
• Misrepresentations, inaccuracies, or omissions in user-provided descriptions or advertisements.
• Disputes, agreements, or transactions between users, including but not limited to sales, leases, or exchanges.
• No Liability for Third-Party Actions: The Company is not liable for the actions, negligence, or misconduct of third parties, including users, veterinarians, trainers, transporters, or other individuals or entities involved in equine transactions.
5. Indemnification
• Users agree to indemnify, defend, and hold harmless the Company from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to:
• Misrepresentations, inaccuracies, or omissions in user-provided descriptions or materials.
• Injuries, damages, or disputes caused by horses listed on the Platform.
• Breach of these terms or any applicable laws by the user.
6. Limitation of Liability
• Maximum Liability: Under no circumstances shall the Company’s total liability to any user exceed the amount paid by the user for services provided through the Platform.
• Exclusion of Damages: The Company shall not be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, emotional distress, or reputational harm, arising from or related to the use of the Platform.
7. Governing Law and Dispute Resolution
• Arizona Jurisdiction: This agreement is governed by the laws of the State of Arizona, without regard to its conflict of laws principles. All disputes arising from or related to this agreement shall be resolved exclusively in the courts of Maricopa County, Arizona.
• Binding Arbitration: In the event of a dispute, users agree to resolve the matter through binding arbitration conducted under the rules of the American Arbitration Association, with arbitration taking place in Maricopa County, Arizona.
8. State-Specific Equine Liability Statutes
• Compliance with State Laws: The Company acknowledges that equine liability statutes vary by state. Users agree to comply with all applicable state-specific statutes and acknowledge that such statutes may limit the liability of equine professionals and activity sponsors.
9. User Responsibilities
• Due Diligence: Users are solely responsible for conducting their own due diligence before entering into any transaction involving horses listed on the Platform. This includes, but is not limited to:
• Obtaining pre-purchase veterinary examinations.
• Verifying health, behavior, and performance records.
• Consulting with legal or equine professionals as needed.
10. Acceptance of Terms
• By using the Platform, users confirm that they have read, understood, and agreed to this disclaimer and the associated terms. Users further acknowledge that they are legally bound by these terms and waive any rights to claim ignorance or misunderstanding of their provisions.
11. Severability Clause
• If any provision of this agreement is found to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
12. No Guarantee of Horse Sale or Lease
• Show Ring Select provides a platform for advertising horses for sale, lease, or other transactions. However, the Company makes no guarantees, representations, or warranties that any horse listed on the Platform will result in a sale, lease, or any other transaction within any specific timeframe or at all.
• The success of any transaction is determined solely by the parties involved and factors beyond the Company’s control, including but not limited to market demand, buyer interest, and the accuracy of the information provided by users.
13. Non-Refundable Fees
• All fees paid to Show Ring Select for advertisements are non-refundable, regardless of the outcome of the advertisement or the status of the horse. This includes, but is not limited to:
1. The horse being sold, leased, or removed from the market prior to the advertisement’s expiration.
2. The user choosing to withdraw, alter, or cancel the advertisement for any reason.
3. Dissatisfaction with the level of inquiries or the ultimate transaction outcome.
• Users acknowledge and agree that once payment is submitted, fees are final and no refunds will be issued under any circumstances.
14. Modifications to Advertisements
• Users may request minor edits or updates to their advertisement, such as correcting typos or updating price information.
• Requests for modifications will not alter the original duration of the advertisement or entitle the user to any refund or additional time.
15. Assumption of Responsibility
• Users are solely responsible for the accuracy, completeness, and timeliness of the information they provide in their advertisements.
• Users agree to notify Show Ring Select promptly if their horse is sold, leased, or otherwise becomes unavailable. However, such notifications do not obligate the Company to adjust, remove, or refund any part of the advertisement.