Auction Site User Agreement
This is a legal agreement between you, the user, and SITE OWNER (Ventura Farms).
- GENERAL USE PROVISIONS
This site is provided as a venue for bidders and auction poster. If user purchases a horse in this auction the user will be referred to as the Buyer, the SITE OWNER will be referred to as the Seller, and the item purchased shall be referred to as The Horse.
- INTELLECTUAL PROPERTY
All materials provided on this Website, including but not limited to information, documents, products, logos, graphics, images, auctions, and services are the wholly owned and copyrighted work of SITE OWNER and/or its Third Party Providers. None of the materials posted herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of SITE OWNER or the appropriate Third Party Provider. You may not "mirror" any materials contained on this Website on any other server or site without SITE OWNER's prior written consent. In order to register on this site you must provide your true name and a valid email address.
- BIDDING
Bidding on an item indicates your intent to purchase that item and is considered a legally binding contract between yourself and the seller of the item. Bids cannot be cancelled once they are submitted. Upon receiving notification that you are the winning bidder you are obligated to purchase the item or, in the case of a reverse auction, sell the item.
- POSTING
All items posted must have a signed, current Ventura Farms Consignment Agreement and all items posted must be accepted and approved by SITE OWNER. Posting an item in an auction indicates your intent to sell this item to the highest bidder and is irrevocable. In the case of a reverse auction you indicate that you will purchase the item you have requested from the lowest qualified bidder. This intent to purchase is legally binding. Upon completion of the auction it is your responsibility to conclude the sale with the winning bidder. In order to post an item on this auction site you must agree to the following:
- Do not inflate the price of your item by bidding on the item yourself.
- Do not engage in any fraudulent or illegal activity.
- Do not infringe on any third party copyright, trademark, service mark or patent.
- Do not spam (send unsolicited email) to users of this site. Spamming will result in immediate termination.
- FEES
You agree to pay all fees incurred from your use of this Website. All fees incurred in connection with this Website are non-refundable. All Items sold will be charged California Sales Tax. In some cases California Sales Tax will be refunded as described in paragraph 12. All horses purchased may stay at Ventura Farms for 72 hours after the close of the auction at no charge. After 72 hours all horses remaining at Ventura Farms will be charged 50% of the current published board rate for an additional 5 days. Prior to offering this discounted board rate buyer will agree to sign and keep on file a current service contract. After 5 days arrangements may be made with Ventura Farms to extend the board service at the full current rate for published stall board provided there is room to accommodate them.
- DENIAL OF SERVICE
SITE OWNER reserves the right to refuse service to anyone for any reason. This right will be exercised when it becomes evident a user is in some way abusing the system.
- WARRANTIES
SELLER WILL MAKE CERTAIN EXPRESS WARRANTIES WITH REGARD TO THE PEDIGREE, REGISTRATION, AND TITLE, EXCEPT FOR SUCH EXPRESS WARRANTIES. HORSES ARE PURCHASED IN AN AS IS CONDITION WITH ALL FAULTS, AND SELLER MAKES NO OTHER WARRANTIES EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY) REGARDING THE HEALTH OR CONDITION OF THE HORSE, IT'S PERFORMANCE, ABILITIES, OR FERTILITY. Buyers remedies in contract or tort shall be limited to refund of all principal and interest payments made by Buyer upon return of the Horse to Seller. ALL INCIDENTAL AND CONSEQUENTAL DAMAGES ARE EXCLUDED. In no event shall Seller or any of its subsidiaries, affiliates, principles, agents, servants, employees or representatives, auction management or their representatives, have any liability arising from or related to this contract unless named as Seller or Buyer. This comprises the entire agreement between the User and Site OWNER and supersedes all other agreements. By registering and participating as a user you are indicating your consent to be bound by this agreement
- NOTICE OF CLAIMS BY BUYER
Buyer shall make no claim for any breach of this contract for rescission or revocation of acceptance, nor for any warranty, misrepresentation, mistake or tort, unless Buyer first notifies the Seller in writing the basis, nature and the amount of the claim within thirty (30) days of the date of purchase, or within such other time as is specifically provided for a particular warranty.
- WARRANTY OF PEDIGREE AND REGISTRATION
Seller warrants the name, sire and dam, sex, date of foaling and registration number as listed on auction site.
- WARRANTY OF TITLE AND DELIVERY
Seller warrants that the horse will be delivered to Buyer free of all liens or encumbrances. Release for delivery shall be after all payment has been honored by Buyers bank or credit company. Buyer shall become responsible for all board bills, transportation expenses and all other fees and expenses incurred or suffered with respect to the Horse. In any event Buyer shall be responsible for all major veterinary fees and expenses incurred immediately after the sale. Seller is not required to deliver to Buyer the Horses's original registration certificate until the entire purchase price has been paid in full and all fees and expenses incurred while at Ventura Farms have been paid in full. The Seller is not responsible for procuring any liability insurance coverage for the Horse while in transit.
- BUYERS WARRANTIES
1) Buyer acknowledges that he has had reasonable opportunity to inspect the Horse, and the original registration certificate. Pre Purchase exams are at the expense of the Buyer or potential buyer and may be arranged with Ventura Farms. (2) Buyer agrees to do all in his power to keep the horse healthy, sound and in good condition including but not limited to providing adequate feed, shelter, veterinary care and blacksmith care for the Horse and to pay for any board, veterinary care or other service provided by Seller at Buyers request or following Buyers failure to provide the same. (3) Buyer agrees to keep the horse free of all liens and encumbrances and to pay all taxes when levied with respect to the Horse when due.
- SALES TAX
Buyer is responsible for all California Sales Tax. Should the Horse depart the state of California and Buyer provides Seller with a Bill of Lading from a commercial carrier, Seller will refund the California Sales Tax to the Buyer. (1) Buyer will notify Seller if the Horse shall not be maintained in the county and state identified by Buyer for less than three months from date of purchase. Buyer agrees to pay any and all taxes imposed as a result of this transaction, including but not limited to any city, county or state sales, use or transaction taxes (whether or not otherwise payable under the terms of this agreement).
- APPLICABLE LAWS, JURISDICITION, VENUE AND ATTORNEY'S FEE'S
This contract shall be construed and governed by the laws of the state of California. In the event lawsuit is brought with respect to this contract, the prevailing party shall be entitled to reasonable attorney's fee's as determined by the court.
- THIS COMPRISES THE ENTIRE AGREEMENT BETWEEN THE USER/BUYER AND THE SITE OWNER/SELLER AND SUPERCEDES ALL OTHER AGREEMENTS. BY REGISTERING AND PARTICIPATING AS A USER YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THIS AGREEMENT.
- DISCLAIMER
EXCEPT AS SPECIFIED HEREIN, THE SERVICES ON THIS WEBSITE ARE PROVIDED SOLELY ON AN "AS IS" BASIS. SITE OWNER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID IN YOUR JURISDICTION. YOU ASSUME ALL RESPONSIBILITY FOR DETERMINING WHETHER THE PRODUCTS/SERVICES ARE SUFFICIENT FOR YOUR PURPOSES. SITE OWNER DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF ANY OF THE PRODUCTS/SERVICES CONTAINED ON THE WEBSITE.
- LIMITATION OF LIABILITY
SITE OWNER SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES SUFFERED AS A RESULT OF PURCHASING OR SELLING ITEMS ON THIS WEBSITE. IN NO EVENT SHALL SITE OWNER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEBSITE, EVEN IF SITE OWNER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE TO HOLD SITE OWNER HARMLESS FROM, AND YOU COVENANT NOT TO TAKE ANY LEGAL OR OTHER ACTION AGAINST SITE OWNER, ASSERTING ANY CLAIMS BASED ON OR RELATED TO THE USE OF THIS WEBSITE.
- CONFLICT OF INTEREST
Registration or Purchase by any Ventura Farms Employee or Immediate Family
Member of an On Line Auction Horse Constitutes a Conflict of Interest.
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