THE FOLLOWING DESCRIBES THE TERMS ON WHICH A 2 Z HorseMart OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the A 2 Z HorseMart User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at A 2 Z HorseMart.Com. By using this service you agree to be bound by the terms and conditions define below. We may amend this Agreement at any time by posting the amended terms on our site. The amended terms shall automatically be effective immediately after they are posted on our site. It is solely your responsibility to review any amendments. This revised agreement was posted on April 4, 2001.

NOTE: ALL A 2 Z HorseMart ADS ARE SUBJECT TO THE APPROVAL OF THE ANACORTES TELESCOPE & WILD BIRD (ATWB) STAFF.  IF YOUR AD IS FOUND TO VIOLATE THIS AGREEMENT IN ANY WAY, IMPLIED OR OTHERWISE, IT WILL BE DELETED AT THE SOLE DISCRETION OF THE ATWB STAFF.

1) The owners of A 2 Z HorseMart can deny anyone the use of A 2 Z HorseMart for any reason.

2) A 2 Z HorseMart's owners will be the sole judge of what users are a dealer or OEM. Dealers and OEMs are required to be sponsors in good standing to have an account.

3) Use of A 2 Z HorseMart to place ads is a service provided by the owners of A 2 Z HorseMart and they reserve the right to refuse service to anyone for any reason.

4) A 2 Z HorseMart is Only a Venue.

4.1 Overview.
Our site acts as the venue for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to bid on items. 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 items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.

4.2 Safe Trading.
Because user authentication on the Internet is difficult, A 2 Z HorseMart cannot and does not confirm each user's purported identity. We encourage you to communicate directly with potential trading partners. You may also wish to consider using a third party escrow service or services that provide additional user verification.  Caveat Emptor -- Let the buyer beware!

4.3 Release.
Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release A 2 Z HorseMart (and our proprietors, officers, directors, agents, subsidiaries 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."

4.4 Information Control.
We do not control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.

5) Your Information.
"Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the Café or the feedback area) 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. With respect to Your Information:

5.1 Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene, adult in nature, harmful to minors or contain child pornography; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for sale/auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for auction/sale on a web site other than A 2 Z HorseMart; or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.

5.2 Solely to enable A 2 Z HorseMart 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, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information.

6) No Warranty.
WE AND OUR SUPPLIERS PROVIDE THE A 2 Z HorseMart WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

7) Limit of Liability.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

8) General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and sale of items.

9) Indemnity.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including 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.

10) No Agency.
You and A 2 Z HorseMart are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11) Arbitration.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Anacortes, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or A 2 Z HorseMart may seek any interim or preliminary relief from a court of competent jurisdiction in Mount Vernon, Washington, necessary to protect the rights or property of you or A 2 Z HorseMart pending the completion of arbitration.

12) General.
This Agreement shall be governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. 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. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

13) Additional Terms.

13.1 Message Board Usage Policy
Using the discussion boards on A 2 Z HorseMart can be helpful and entertaining. People learn about their collective interests, and meet new friends on the boards. We have one type of discussion board on A 2 Z HorseMart. The Category specific boards that comprise the A 2 Z HorseMart Forums. For all boards, the messages posted by members are solely the opinion and responsibility of the person posting the message. A 2 Z HorseMart is not responsible for postings by non-A 2 Z HorseMart employees. The following are cause for suspension from the boards or possibly A 2 Z HorseMart, depending upon the nature of the posting: Posting contact information about another individual, including their real-world name, address, or phone number. Using profanity or hate speech. Posting material (graphic or text) of an adult nature. Posting information about another on-line horse-related classified and/or auction service. Using JavaScript in posts. We recommend that you do not copy personal correspondence on the board without the permission of all parties involved in the correspondence. We also recommend that you do not post any private information about yourself, such as your password, credit card number, contact information, or billing account information. Our policy is that no business may be conducted on the boards. Those boards are available for you to discuss your collecting interests or to be social. The use of this discussion board for buying, selling or trading will not be tolerated. Violations may result in the elimination of this discussion board and/or in the suspension of board privileges for offenders. You may ask questions about an item and post the item number. However, you may not blatantly advertise items that you are selling. When you are using the boards, remember that you are responsible for your own words. Please consider your message carefully before submitting it.