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  The Horseshoe Trader Member Agreement

This document describes the terms and conditions on which The Horseshoe Trader offers a Member ("You") access to our services. If You have a question about these terms or our service that is not addressed in our please contact Customer Service.

PLEASE READ THIS AGREEMENT CAREFULLY.
BY ACCEPTING THIS AGREEMENT, YOU ACCEPT THESE TERMS AND CONDITIONS.
This agreement was revised on June 9, 2010.

Acceptance of Terms
By completing the sign-up process and clicking on the button indicating that You have read the Member Agreement, You agree to these terms. The Horseshoe Trader may amend these terms from time to time. We will notify You of any material updates to these terms via email or our web site. If You do not agree to the changes, You may simply discontinue Your membership. Your continued use of our service will signify your acceptance of the updated terms.

The Horseshoe Trader Is Only a Venue
The Horseshoe Trader acts as an online classified ad placement service for Members to locate people to buy from, sell to, and negotiate the exchange of goods and services. We do not own or handle any of the goods and services listed on the site. As a result, We cannot verify or endorse the quality, safety, or legality of the items listed, or the truth or accuracy of the classified ads.

Information
Your information includes any information You provide to us or other members during the registration, or posting process, in any public message area or through any email feature, including all text descriptions and/or photographs, digital images, or renderings of Your items and services. With respect to Your information:

  • Responsibility. You are solely responsible for your information, and We act as a passive conduit for Your online distribution and publication. We may, however, take any action with respect to such information We deem necessary or appropriate at our sole discretion if We believe it may create liability for us or may cause us to lose (in whole or in part) the services of our advertiser, suppliers, or customer patronage.
  • Content. You agree that Your Information and the items and services You list on The Horseshoe Trader:
    • will not be fraudulent or involve the sale of counterfeit or stolen items;
    • will not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
    • will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
    • will not be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
    • will not be obscene or contain child pornography;
    • will not contain any viruses, Trojan horses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
    • will not link directly or indirectly to or include descriptions of goods or services that (i) are prohibited under this Agreement or (ii) You do not have a right to link to or include;
    • are in accordance with The Horseshoe Trader's Ad Placement Guidelines.
  • Fees. Unless otherwise stated, all monetary values are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and duties and for all hardware, software, service, and other costs You incur to trade, procure a classified ad from us, or access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of our services at any time without notice.
  • License. You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (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, for the purpose of offering our services.
  • Privacy. The Horseshoe Trader will only use Your Information in accordance with our Privacy Policy.

 

The Online Classified Ad Placement System
System. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the The Horseshoe Trader site or any transaction being conducted on our site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your Password to any third parties or use your Password for any unauthorized purpose.

General Legal Terms

  • Our service is provided "as is." We will try very hard to make your experience with The Horseshoe Trader a pleasurable one; however, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. These terms are also noted in our Maintenance & Downtime Policy. For this reason, You agree that The Horseshoe Trader's services are provided "as is." We cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any Member data, communications, or personalization settings. WE AND OUR SUPPLIERS PROVIDE THE The Horseshoe Trader WEBSITE 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 NONINFRINGEMENT. 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.
  • Suspension/Termination. We may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership, any of your current classifieds, and any other information You place on the site if You breach this Agreement or if we are unable to verify or authenticate any information You provide to us. Without limiting any other remedies, The Horseshoe Trader may suspend or terminate your account if You are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
  • 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, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to You.
  • General compliance with laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your negotiations, classified ad, purchase, and sale of items and services.
  • No agency. You and The Horseshoe Trader are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  • Notices. Except as explicitly stated otherwise, any notices shall be given by email to the email address You provide to The Horseshoe Trader during the sign-up process, or such other address as the party shall specify. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
  • 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 Okaloosa County, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either You or The Horseshoe Trader may seek any interim or preliminary relief from a court of competent jurisdiction in Florida necessary to protect the rights or property of You or The Horseshoe Trader pending the completion of arbitration.
  • General. This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. 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.

 

Maintenance & Downtime
From time to time, The Horseshoe Trader will conduct scheduled maintenance. As a result, you may experience temporary downtime that may prevent you from being able to use our site and/or some of our services on The Horseshoe Trader. Occasionally, these delays are necessary in order for us to update our database and improve our services. We will do our best to keep these periods brief, providing advance notice whenever possible.

Privacy Policy
Personally identifiable information you provide The Horseshoe Trader when you sign up will not be sold or given to outside sources without your permission. The Horseshoe Trader uses the information we collect in order to provide you with personalized services and information.

 

For each visitor to our Web page, our Web server automatically recognizes only the consumer’s domain name, but not the e-mail address (where possible).
We collect e-mail addresses of users and subscribers, the e-mail addresses of those who make postings to our site, user-specific information on what pages consumers access or visit, information volunteered by the consumer, and/or site registrations.
The information we collect is used to improve the content of our Web site, used to customize the content and/or layout of our page for each individual visitor, used to notify consumers about updates to our Web site, not shared with other organizations for commercial purposes.

With respect to cookies: We use cookies to store visitors preferences, record session information, such as items that consumers view, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads.

In rare circumstances, we will send out an announcement email to our members about the status of our service (ie, the site being offline etc..). The authorised emails from The Horseshoe Trader (horseshoetrader.com) staff will not be used for any sort of advertising, except for those that sign up for the digital issue of The Horseshoe Trader. If you do not want to receive e-mail from us in the future, please let us know by or Setting “Recieve Emails from Admin” to “Off” in the User CP. Or click on the unsubscribe link at the bottom of our emails

With respect to Ad Servers: To try and bring you offers that are of interest to you, we have relationships with other companies that we allow to place ads on our Web pages. As a result of your visit to our site, ad server companies may collect information such as your IP address when you click on those ads.

With respect to security: We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site.

 

Sign-up Information
In order to place an item(s) and service(s) on The Horseshoe Trader, you must become a The Horseshoe Trader member. The member registration process requires that you provide your full name, street address, email address, and other identifying information.

Credit Cards
Members' credit cards will only be charged when placing your ad. You will be asked to enter a credit card for billing convenience. We must confirm that your credit card number and sign-up information is valid. Entering your credit card information on The Horseshoe Trader is safe; we use industry-standard SSL-encryption to protect sensitive data transmissions. Your credit card information is not kept on our server after the transaction.

Descriptions & Photos
In an effort to facilitate a trusting buying and selling community, we provide you with the option to submit pictures and/or a description of your item or service. When you place your classified ad on The Horseshoe Trader and to a The Horseshoe Trader approved paper, the ad description and pictures are displayed on the site and accessible to visitors on The Horseshoe Trader, or appear in print. Some approved papers are not capable of receiving and printing pictures through the online ad placement system. We will not post lewd, nude, or semi-nude photos, so please do not upload them. Classifieds and photos are subject to approval and must meet the Ad Placement Guidelines.

Our Use of Cookies
The Horseshoe Trader uses cookies to provide you access to protected pages without requesting a login each time. Cookies are small files that are placed on your computer when you visit our site. Our web site will reference and update the cookie each time you visit The Horseshoe Trader. We use cookies to deliver content specific to you. We accomplish this by storing information that uniquely identifies you in a cookie.

Security
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. All member data and activity is stored separately and is not directly accessible through a web browser. We use industry standard procedures and processes to safeguard the confidentiality of your identifiable personal information, such as firewalls, encryption, token authentication, monitoring technology, and adaptive analysis of network traffic to track abuse of our network and its data. Unfortunately, when you submit information about yourself to The Horseshoe Trader over the Internet, the information may travel over many systems that are not under the control of The Horseshoe Trader. The Internet is not 100% secure and others might intercept the information that you are sending. Remember that your account is accessible only through the use of your Password.

Who will have access to my personal information?
Our priority is to keep your personal information private and confidential. The Horseshoe Trader will not willfully rent, or sell your personal information to third parties. However, certain personal information will be available to others in the process of using The Horseshoe Trader. For example, you may have your home phone number in your classified ad. Such information you submit in the public portion of your classified ad is not covered under our Privacy Policy. Public information is publicly readable by all parties, is likely to be harvested and may appear in other web sites, search engines or used for other purposes.

If you provide personal information to a prospective buyer, The Horseshoe Trader has no control over how that information might be used by that individual.

The Horseshoe Trader may choose to disclose your personally identifiable information to others under the following circumstances:

  • You consent to share your information.
  • In response to a criminal investigation, subpoena, court order or legal process.
  • Your actions on The Horseshoe Trader appear to be in violation of our policies (including, but not limited to, our Ad Placement Guidelines, User Agreement, and Fees and Payments policies).
  • You place a classified ad which we believe, in our sole discretion, may create a liability for The Horseshoe Trader.

 

REFUND POLICY

Because purchased services(classifieds) and subscriptions on Horseshoetrader.com are printed and you have the use and receive the benefits of these services instantly online, all payments are final and refunds cannot be granted. If a customer has a billing dispute with horseshoetrader.com, the customer must settle such dispute with The Horseshoe Trader directly without initiating any chargeback procedures.

Due to the nature of classified advertising The Horseshoe Trader cannot guarantee a certain response rate, we can and will place the ad as requested and for the services requested in a timely manner. All ads must be prepaid, no refunds, on discretion of management credits to an account may be given.

Nothing in this policy shall limit, prohibit, or otherwise deny the ability of The Horseshoe Trader to (1) transfer, assign, or sell our assets to a third party without limitation, or (2) dispose of our assets in any manner, through bankruptcy or similar proceeding. In addition, The Horseshoe Trader makes no warranties or claims regarding the accuracy or completeness of the information we collect and disclose through our site, and disclaims any liability regarding its use.

Ad Placement Policies

  1. Free and Paid Ads
    1. May not include any content that is obscene, harmful to minors, an invasion of privacy, offensive, or otherwise illegal or inappropriate.
    2. May not sale any adult oriented services or products.
    3. May not use the The Horseshoe Trader services for fraudulent activities.
    4. May not use automated routines to gather information from The Horseshoe Trader or any action that is repetitive which would degrade the site's performance.
    5. May not place ads or images on site or in print that promote racism, sexism, intolerance, hatred, violence, or are obscene in nature.
    6. Ads for companies offering jobs for envelope stuffing, home mailers or mailing, credit cards for bad debt or no credit, and loans and credit resolution must have approval from the publication prior to placing ad. Publications will do any or all of the following: 1) Contact company as if attempting to respond to ad as a customer or 2) Contacting the Attorney General in the state the company operate in or 3) Contact the Better Business Bureau in the city the company operates. If the company does not respond, or found to be fraudulent, or there are complaints filed with the Attorney General's office and/or Better Business Bureau against the company, then the ad will be refused and refunded.
    7. The follow items, in addition to those already listed, are prohibited:
      1. Ads for sexually oriented materials or services.
      2. Loans requiring up front money in the ad.
      3. All Canadian loan company ads. These ads must be screened for approval by our corporate legal council and the FTC.
      4. Personal or dateline ads.
      5. Ads that promote other Internet Classifieds sites, or Classifieds programs.
      6. Psychic or palm reading ads.
      7. Adoption ads in states where it is expressly prohibited by law (Kentucky and Idaho) to advertise for adoption.
      8. Ads for TV-satellite de-scramblers & "Cherry Pickers" & "Lemon Busters".
  2. Paid Ads
    1. The following symbols: / ; \ , . ! ? _ ( ) { } or : count as a space and the words on either side of the symbol will be counted as two separate words.
    2. No refunds are given for ads paid for to be included in print. Credit may be issued to your account, but must be approved. 
    3. All ads must be prepaid.
    4. Ads to be included in print must be entered by Wednesday night, for the following weeks issue, if after that time the ad will be included in the next possible printed issue.
  3. Free Ads
    1. Free ads are limited to 100 words.
    2. Duplicate ads are not allowed to be placed into the same publication.
    3. Only private party ads (those not related to business) are allowed as free ads.
    4. No more than 10 free ads are allowed per person per week.
    5. Only participating cities will take free ads. Participation may vary.
The Horseshoe Trader and it's affiliated publications reserve the right to terminate any classified ad, picture, or membership without notice if it is believed that the ad or member does not comply with our User Agreement or Ad Placement Policies.

By Pressing I Accept, You Agree to these terms listed above.