Terms of Use

The Agreement

eFarriers.com strives to provide its users with the highest level of service possible. This page states the terms under which you may use the website (the “Site”). By accessing this Site you accept and agree to be bound by these Terms of Use (the “Agreement”). Please read these Terms of Use before using or continuing to use the Site.  By using this Site you accept, represent and warrant that you are above 13 years of age and accept all terms and conditions contained in this Agreement without modification by User. If you do not agree to this Agreement or the Privacy Policy, do not use this site or its services.

The term “you”, “your” or “User” means any person or entity using this Website or its services. Unless otherwise stated “eFarriers”, “we” or “our” will refer to eFarriers.com and its operators.

Changes

These Terms of Use may change from time to time, eFarriers.com may modify the Terms of Use, and each such modification is effective upon posting by eFarriers.com on the website. By using this Site you agree to be bound to any changes to these terms and conditions of this Site after modification is posted or your failure to terminate your account before the effective date of the revised version. Hence, it is important that you review these Terms of Use regularly in order to ensure that you are aware of any changes.

eFarriers.com is a Venue

eFarriers.com is a farrier network and a platform for enabling the connection between individuals seeking farriers and individuals or companies providing farrier services. The individuals or companies providing farrier services are the Members who are registered with eFarriers.com or have entered into an agreement with eFarriers.com. eFarriers.com does not interfere with the interaction between the Users and Members. eFarriers.com does not have control over the quality, timing or legality or any other aspect of the services actually rendered by its Members.  All users do hereby represent, understand and expressly agree that eFarriers.com does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually rendered by its Members. eFarriers.com makes no representations about the correctness, reliability, timeliness and accuracy of the services provided by its members or users through the website whether in private, public or offline interactions. eFarriers.com does not assume any responsibility for the accuracy or reliability of any information provided by its Members or Users on the Site. eFarriers.com expressly disclaims any liability that may result from such information and the use of it. eFarriers.com is in no way responsible for the conduct whether online or offline, of its Members or Users of the service. All Users further agree to hold harmless eFarriers.com , its officers, directors, representatives, advertisers, marketing partners, licensors, or independent contractors, liable for any instructions, advice or services delivered which originated through the Site and eFarriers.com.

 Account Password and Security

You will receive a password and account designation upon completing the eFarriers.com registration.  You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password or account. You understand that through your use of eFarriers.com you consent to the collection and use of your information including the transfer of your information to the storage of eFarriers.com and its operators.

Age Requirements

eFarriers.com is intended for people of 18 years. You affirm that you are either more than 18 years of age or possess legal parental or guardian consent, and are completely able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use and to abide by and comply with these Terms of Use.

We do not knowingly collect information from children under the age of 13, nor do we knowingly distribute such information. During the registration process, you are required to identify your age. eFarriers.com does not assume any responsibility for any misrepresentation made by any one regarding the age or parental consent while using this Site.  Should we determine that you provided any false information to us while using this Site, your membership will be terminated immediately.

Entire Agreement

These Terms of Use including any other terms and conditions provided to you by eFarriers.com  when using any services of this website are the entire Agreement between you and eFarriers.com  regarding the website and the services. These terms will supersede any terms and/or conditions you include with any service order, regardless whether eFarriers.com signs them or not.

Contacting Us

If you have any questions or need, any further information as to the Site or Service provided through this Site please write to us by visiting http://www.eFarriers.com/contact or to any other eFarriers.com address specified in these Terms of Use. All notices and communications to eFarriers.com must be sent to the above referenced address. All Notices, Authorizations, and Requests shall be deemed given on receipt.

Eligibility

Our Site and Services are available only to individuals and companies who can form legally binding contracts under applicable law. eFarriers.com does not make its services available to anyone under the age of 13. Anyone between the age of 13 and 17 may not sign up for themselves and must have an adult parent or guardian sign up on behalf of yourself and at your discretion.  Parents or guardians of users under the age of 18 will be responsible for their minor user’s use of the service and any violation of this Agreement.

By using and registering to this website you  represent and warrant that you have the right, authority and capacity to enter into this agreement and you commit to abide by the terms and conditions of this website hereof. By registering making representations to this website, you authorize that the eFarriers.com reserves the right but not the obligation to verify such representations and warranties. eFarriers.com may take action, as it deems proper in its sole discretion, including but not limited to terminating your membership, should it determine, in its sole opinion, that you have violated any representation or warranty or any other provision of these Terms of Use.

Limitation of Liability

NOTWITHSTANDING THE FOREGOING, EFARRIERS.COM DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE SITE. USERS DO HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD EFARRIERS.COM HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS AND/OR MEMBERS OF THIS SITE.

Disclaimer of Warranties

Any use of the eFarriers.com, the services, reliance upon any of the content and any use of internet generally shall be at your sole risk. eFarriers.com disclaims any responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the content accessible by use of eFarriers.com and its services.

THE SERVICES OF EFARRIERS.COM  , AND ANY CONTENT, ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH EFARRIERS.COM  EXPRESSLY DISCLAIMS. EFARRIERS.COM MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT AND EFARRIERS.COM WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. ALTHOUGH WE INTEND TO UPDATE THE CONTENT OF OUR WEBSITE PERIODICALLY, WE DO NOT HAVE A DUTY TO DO SO. EFARRIERS.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY EFARRIERS.COM.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Privacy

eFarriers.com will only use the information you provide on the site in accordance with our Privacy Policy. Please refer our Privacy Policy for more information.

 Third Party Sites

Links from eFarriers.com to external sites (including external sites that are framed by eFarriers.com) or inclusion of advertisements do not constitute an endorsement by eFarriers.com of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for Users’ reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. eFarriers.com does not control such sites, and is not responsible for their content. Just because eFarriers.com has hyperlinks to such sites does not mean that eFarriers.com endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by eFarriers.com’s Terms of Use and Privacy Policy. eFarriers.com expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All Users hereby agree to hold eFarriers.com harmless from any liability that may result from the use of links that may appear on the Site.

Prohibited Use

eFarriers.com  and related services may not be used by any person or organization to recruit, solicit, or contact in any form Users or Members for employment or contracting for a business not affiliated with eFarriers.com without express written permission from eFarriers.com. If  eFarriers.com  finds that you violated the terms of this paragraph or any terms stated herein, eFarriers.com  reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $1,000 daily penalty fee for scraping, either in a manual or automatic manner, eFarriers.com  User or Member information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a “mirrored”, competitive, or third party site.

Although eFarriers.com cannot monitor the conduct of its Users off the Site, it is also a violation of these Terms of Use to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails, which a user may send to other users in any 24-hour period to a number, which we deem appropriate in our sole discretion.

In order to protect the integrity of the Site and the Service, eFarriers.com reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.

eFarriers.com reserves the right, in its sole discretion, to terminate your access to all or part of the eFarriers.com Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership in eFarriers.com, for any reason or no reason, with or without notice. Following any termination of any member’s use of the Site, eFarriers.com reserves the right to send a notice thereof to other members which whom you have corresponded.

Release

A User may seek the services of a Member through the Site and Members may submit proposals to Users regarding their services.  In the event that a User and a Member agree on the provision of services such agreement is solely between the User and the Member; eFarriers.com is not a party to any such agreement. Any issues concerning the services received by the User or payment due to the Member must be resolved directly by the User and the Member. eFarriers.com will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, you do hereby represent, understand, and expressly agree to hold eFarriers.com harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. eFarriers.com will use its reasonable efforts to monitor Member profiles, actions, comments, and general usage of the Site and suspend privileges to any Member not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to eFarriers.com immediately by notifying eFarriers.com via email.

No Professional Advice

You acknowledge that eFarriers.com does not provide professional advice, and you agree that you will not use the Site as a substitute for or supplement to advice from a qualified professional, whether they be a financial, legal or other professional.

Ask a Farrier

eFarriers.com does not evaluate or guarantee the accuracy of any questions, answers or other posted information on Ask a Farrier (collectively, “Content”). Normally, all Content is provided by “special guest”, or other participants in Ask a Farrier, or by eFarriers.com staff. However, regardless of the source or origin of any Content on Ask a Farrier, you agree that any use you make of such Content is at your own risk and that eFarriers.com is not responsible for any losses resulting from your reliance on any Content on Ask a Farrier. Content on Ask a Farrier should never be used as a substitute for advice from a qualified professional. All Content available through or in connection with Ask a Farrier is informational only and provided “as is” without warranties, representations, or guarantees of any kind. eFarriers.com disclaims any and all implied warranties respecting Ask a Farrier. Some of the Content may only be applicable to certain countries. It is your responsibility to determine whether, how and to what extent any Content will be applicable in the country you intend to use it in. The opinions expressed through Ask a Farrier are the opinions of the individual author and do not reflect the opinions of eFarriers.com.

By submitting a question to Ask a Farrier, you acknowledge that eFarriers.com is not responsible for any response you receive or do not receive, and you agree to hold eFarriers.com harmless from any loss, harm, injury or damage resulting from or arising out of your submission of the question or your use of or reliance on any response thereto.

 Payment Policy

Members are obligated to pay for the service of the Site, unless specifically notified otherwise. Such Members agree to pay eFarriers.com all charges at the prices then in effect for any use of the Site. In addition, these Members authorize eFarriers.com to charge their chosen payment provider for use of the Site. eFarriers.com reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of Members will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To cancel your subscription please contact us at http://eFarriers.com/contact.

No refunds or credits will be provided to Members for subscription or cancellation of registration received after the account has been billed.

At eFarriers.com’s sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by eFarriers.com.

Assumption of Risk

While using the services provided by this Site you assume all risk, including but not limited to all of the risks associated with any online or offline interactions with Users or Members of the site. You agree to take all necessary precautions when interacting with other Members or Users on the Site.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EFARRIERS.COM SHALL NOT 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 OTHER INTANGIBLE LOSSES (EVEN IF EFARRIERS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO EFARRIERS.COM, OR YOUR USE OF OR INABILITY TO USE EFARRIERS.COM .

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH EFARRIERS.COM OR IS TO DISCONTINUE ANY USE OF EFARRIERS.COM.

THE LIMITATIONS OF LIABILITY PROVIDED IN THE TERMS INURE TO THE BENEFIT OF US, OUR AFFILIATES AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EFARRIERS.COM  UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIFTY DOLLARS (US$50).

Indemnification

By agreeing to the terms of this Agreement, Users of eFarriers.com  agree to indemnify, defend and hold harmless eFarriers.com  against any and all claims, losses, expenses or demands of liability, including attorneys’ fees and costs incurred by eFarriers.com  and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. eFarriers.com and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of eFarriers.com. Users further agree to hold harmless eFarriers.com and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Site.

Proprietary Rights

This Site and the Services are owned and operated by eFarriers.com. Unless otherwise specified, all materials appearing on this Website, including the text, site design, logos, graphics, bibliographic information, and icons, as well as the selection, assembly and arrangement thereof, are the sole property of eFarriers.com  and its licensors. You may use the content of this Website only for the purpose of viewing farrier profiles or articles (blog post) on this Site or placing an order on this Site or through the Service and for no other purpose. In addition, you will not view, copy, or procure content or information from this website by automated means (such as scripts, bots, spiders, crawlers, or scrapers) unless formally authorized by eFarriers.com under separate written agreement. Without a written permission of eFarriers.com, no materials from this website may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.

If you want to report claims of intellectual property rights infringement to eFarriers.com, please see the “Reporting Infringement” section below.

Reporting Infringements

If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting eFarriers.com’s copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number and (if available) e-mail address.

A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

eFarriers.com’s agent for copyright issues relating to this Site is as follows:

David Baker

943 SW Elmonica Pl

Beaverton, OR 97006 USA

Service Modifications

eFarriers.com reserves the right in its sole discretion to make changes to the Site and the Service at any time. Any description of the Service provided by eFarriers.com is not a representation that the Service is working or will always work in that manner, as eFarriers.com is continuously updating the Site and the Service, and these updates may not always be reflected in these Terms of Use.

User Provided Information

You are solely responsible for providing accurate, current, complete and reliable information in connection with your registration for use of the Site. eFarriers.com is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.

You are solely responsible for any content, messages, photos, videos, reviews or profiles, education (collectively, “Content”) that you publish or display (hereinafter, “post”) on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to eFarriers.com or to any other user of the Site.

You understand and agree that eFarriers.com may review and delete any Content, in each case in whole or in part, that in the sole judgment of eFarriers.com violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.

By posting Content to any public or member area of this Site you automatically grant, and represent and warrant that you have the right to grant to eFarriers.com , its Affiliates, successors and licensees, an irrevocable, non-exclusive, perpetual, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by eFarriers.com will not infringe or violate the rights of any third party.

Your use of the Service of eFarriers.com, including but not limited to the content you post on the Service, must be in accordance with any and all applicable laws and regulations.

Opinions, advice, statements, offers, or other information or content made available on eFarriers.com or through its service, but not directly by eFarriers.com, are those of their respective authors. Such authors are solely responsible for such content. eFarriers.com  does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will eFarriers.com or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.

Email

You agree that any notifications or receipts from eFarriers.com will be delivered to you by email at the address you provided to EFarriers.com when you created your account or as later updated. You hereby agree and acknowledge that eFarriers.com  is not responsible to notify you in any way other than by email and that any notifications are a courtesy; you remain responsible for minding the due dates whether you receive communication from eFarriers.com  or not.

You acknowledge that eFarriers.com will not ask you for your personal information, account username, and password, or any of your credit or debit card information via email.

eFarriers.com will have no responsibility for any misuse of such information if you provide such information via email.

Stolen Accounts

It is your responsibility to keep your account information private. In the event that your account is used by an unauthorized party, you may cancel it immediately by contacting eFarriers.com/contact/; however, eFarriers.com  is not responsible for any amounts that were charged on your account. Please make sure, when you are using a communal computer to log off completely.

 Typographical Errors

If a product is listed at an incorrect price due to typographical error or an error in pricing information received from our suppliers, eFarriers.com  shall have the right to refuse or cancel any order, whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged and your order is canceled, eFarriers.com will issue a credit to your credit or debit card account.

JURISDICTION AND CHOICE OF LAW

If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Oregon, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Oregon, Washington County for the resolution of any such dispute.

Disclaimer of Association with Member

You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and eFarriers.com or its authorized agents or contractors because of the Terms or Use of eFarriers.com. You agree not to hold yourself out as a representative, agent, or employee of eFarriers.com. None of eFarriers.com, its authorized agents or contractors shall be liable for any representation, act or omission by you.

Miscellaneous

If any provision of these Terms of Use is declared invalid, illegal or unenforceable, all remaining provisions continue in full force and effect. The failure of eFarriers.com to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. The section titles of these Terms of Use are for convenience only and have no legal or contractual effect.

Nonperformance of either party, except for the making of payments, will be excused to the extent that performance is delayed or rendered impossible by any reason where failure to perform is beyond the reasonable control of the non-performing party.

Entire Agreement / Choice of Law

This agreement and any documents referred to herein constitute the complete, exclusive, and entire agreement between the parties, may not be modified except in writing signed by both parties, and shall be governed by the state of Oregon, in which it operates.

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