This website, birdsnow.com, (the "Website") is a service of EquineNow.com, LLC
read them carefully. By using the services offered on the Website or by continuing to view materials on the Website,
available here, do not access or use the Website.
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR HARM THAT OCCUR AS A RESULT OF YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST INCOME, LOST PROPERTY, PERSONAL INJURY, OR DEATH.
We recommend that you review our post about Scams and Fraudulent Transactions (click here) as one step towards protecting yourself on the Internet. The Company does not compensate buyers or sellers for any losses that they may suffer as a result of using the Website.
BUYING AND SELLING
1. Transactions on the Website are between the Buyer and the Seller only; the Company is not involved in or responsible for sales or purchases on the Website.
The Website is a classified ad search engine and listing service that brings together buyers and sellers. Information about a particular item, animal or service is supplied by the seller, not by EquineNow.com, LLC. EquineNow.com, LLC will not be a party to any transaction between a buyer and seller based upon information posted on the Website. At no time does EquineNow.com, LLC take title to any of the goods or animals offered for sale on the Website or process any payments related to goods or animals offered for sale on the Website. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on the Website may exclude other charges which may be added to the listed price to arrive at the final price of a particular item. All payments are handled directly between the buyer and the seller, and the Company will not provide any refunds or other compensation for transactions relating to listings on the Website.
2. The Company does not guarantee or verify any information on the Website, so use caution and good judgment when transacting through the Website.
The material that appears on this Website is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing items, animals, or services you've read about on this Website, you should confirm with the seller any information (including the price) that is important to your purchasing decision. EquineNow.com, LLC is not responsible for, and does not guarantee, the condition, soundness, health, physical appearance, performance, or any other aspect of any such animal, item or service or the accuracy, completeness, or content of any listing on the Website. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Please be sure to review our Buyer/Seller Safety tips (link) prior to making any payments or exchanging any information related to a listing on the Website.
Though we hope that all who come to this Website will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee or warranty the products, animals, or services they offer. Nor can we assure the seller that the check he/she gets from the buyer isn't going to bounce or the payment be fraudulent; cash payments are the most trustworthy. When using this Website to find a buyer for your item, animal or service, or an item, animal or service you can buy, we urge you to use the same common sense and good judgment you would use in selling or buying an item, service or animal through, or responding to, a classified ad in the newspaper or other publication. There is no substitute for healthy skepticism and your own good judgment. We strongly suggest you obtain the services of a Veterinarian or other qualified individual, as applicable, to evaluate any animal or item you are considering. Do not meet strangers in private locations or alone.
3. More information for Sellers.
When you place an ad on this Website, you must be prepared to sell the item, animal, or service in the ad at the price at which, and the terms on which, you've listed it. You must have possession of the actual item or animal listed and the ability to transfer ownership. To list an item, animal or service for sale on the Website, sellers are required to provide certain identifying and contact information. You may not charge any potential buyer for information about any item, animal or service listed for sale on the Website, nor may you use the Website to promote, without our prior written permission, any other Website, product or service. EquineNow.com, LLC reserves the right to deny use of the Website to anyone who does not comply with these requirements or who otherwise uses the Website in a manner we consider, in our sole discretion, inappropriate.
Responsibility for the information contained in ads lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted through the Website. Nothing will undermine a user's confidence in the item you're looking to sell faster than inaccurate statements or misleading representations about the item. Since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat Website users fairly and honorably.
Sellers are solely responsible for any taxes or fees resulting from use of the Website, including any sales arising out of the Website.
Though we don't monitor transactions that originate on the Website, we reserve the right to perform random quality assurance tests to confirm that those who offer items, animals, or services for sale over the Website are prepared to sell the items, animals, or services they advertise at the prices at which, and the terms on which, they advertise them. By placing an ad on our Website, you agree to cooperate in any such random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller, in our sole discretion, is engaging or intends to engage, in unfair or deceptive practices, EquineNow.com, LLC reserves the right to deny that seller use of this Website and our ad services.
5. Fees paid to the Company are nonrefundable.
By placing an Ad on our Website, you agree to pay the fees specified for the service you select, regardless of whether your item, animal, or service sells as a result of the listing. Take care in selecting your Ad type and submitting your Ad information; listing fees are not refundable, even if you provide erroneous information or fail to sell your animal, item or service. Click here for our Refund Policy.
To obtain access to certain services on the Website, you will be given an opportunity to register. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user names that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Website through any username/password assigned to you. You will notify EquineNow.com, LLC of any known or suspected unauthorized use of your account.
LINKS TO OTHER SITES
For your convenience, this Website and/or its search feature will make available a variety of links to other websites that we don't operate where you can find other items for sale that meet your search criteria. EquineNow.com, LLC is not responsible for the items, animals, or services these vendors provide and has no control over these websites or listings. If you choose to purchase any item through such a third-party website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You release EquineNow.com, LLC from any damages that you may incur, and agree not to assert any claims against EquineNow.com, LLC arising from your purchase or use of said third-party websites.
OWNERSHIP AND PERMISSIONS
1. The Website is for your personal use only.
You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by EquineNow.com, LLC or any of its affiliates. However, without the prior written permission of EquineNow.com, LLC, you may not frame any of the content of EquineNow.com, nor incorporate into another website or other service any intellectual property of EquineNow.com, LLC or its licensors. Requests for permission to frame our content may be sent by email to email@example.com.
2. The Company receives a license to use all content posted on the Website.
When you provide us with content for an ad to be placed on the Website, you grant us an exclusive, worldwide, perpetual, irrevocable, sublicensable, transferrable, royalty-free license to sublicense, use, reproduce, publish, display, transmit, and make any other commercial use of that content in any media now existing or created in the future. This license includes the right to modify and make derivatives of the content, as well as to store all content in an accessible archive. This license includes the right to stop others from using identical content on any other website that may compete, directly or indirectly, with the Website. Notwithstanding the foregoing, EquineNow.com, LLC has no obligation to make any use of any content you provide.
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
You will not use this Website to violate the copyright, trademark, right of publicity or other intellectual property rights of any person or other entity. By submitting material or content to be posted on the Website, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner and that you have obtained all necessary releases associated with the public display and commercial user of the materials. If you believe that any copyrighted material owned by you has been infringed upon by someone using the Website, you may request removal of these materials from the Website by submitting written notification to our Copyright Agent. Our Copyright Agent may be contacted here: Eric Lovell, Esq., 12707 High Bluff Drive, Suite 200 San Diego, CA 92130; Phone: 858.451.4978; Web: www.usipattorneys.com; Email: firstname.lastname@example.org.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting
or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE
AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN
BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, sales, payments, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." EQUINENOW.COM, LLC AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL EQUINENOW.COM, LLC OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO, FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, SHOULD EQUINENOW.COM, LLC BE FOUND LIABLE IN ANY ACTION BROUGHT BY YOU, YOU AGREE THAT THE LIABILITY OF EQUINENOW.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU WILL NOT HOLD EQUINENOW.COM, LLC RESPONSIBLE FOR THE ACTIONS OR INACTIONS OF ANY OTHER USER OF THE WEBSITE, INCLUDING ACTIONS BASED ON ITEMS POSTED BY THOSE THIRD PARTIES AND ACTIONS ARISING OUT OF THE SALE OF ANY PRODUCT, ANIMAL OR SERVICE BASED ON A POSTED AD FOUND ON THE WEBSITE.
If you have a dispute with any other user of the Website, you hereby agree to release EquineNow.com, LLC and its officers, members, directors, agents, subsidiaries, joint ventures and employees from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected to such disputes.
NO SPAMMING, DATA SCRAPPING, OR PHISHING ALLOWED
No spamming or data scrapping is allowed. We want potential buyers visiting the Website to feel free to share their email addresses with those listing items, animals, or services for sale on our Website. By listing an item, animal, or service on this Website, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that item, animal or service. By using this Website, you agree not to use information concerning other users of the Website, or the items, services, or animals they've listed or searched for on the Website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed item, animal or service.
The Company name and logo, and all related names, logos, product and service names, designs, and slogans are the property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
2. Governing Law
4. Waiver and Severability
5. Entire Agreement