ACCESS AGREEMENT AND ACCEPTANCE OF TERMS -
By accessing and using the information from the web site maintained by onGait.com, Inc. you hereby agree with onGait.com as follows:
1. You represent that you have the legal capacity to enter into contracts and, if you are an individual, that you are at least 18 years of age.
2. You agree to indemnify and hold onGait.com harmless from all costs, liabilities, attorneys' fees, judgments and expenses incurred because of or arising out of any matter, including without limitation any claim, assertion or legal proceeding concerning your representations and obligations set forth in this Access Agreement and Acceptance of Terms, any representations and obligations in any contract entered into by you for the purchase of a horse or your conduct and disclosures in connection therewith, and your publication of any material on the site that is subject to a copyright or that is a violation of any non-disclosure or other agreement. It is further understood and agreed that you will indemnify and hold onGait.com and its employees harmless from and against all civil liability, claims, and judgments, including attorney's fees, which may arise out of any transaction negligently handled by onGait.com during the bidding process.
3. onGait.com is a Venue. Our site acts as a venue to allow anyone to sell and buy horses. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality 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. All disputes shall be subject to arbitration if good faith negotiations among the parties do not resolve the dispute. Such arbitration shall proceed in accordance with the Commercial Arbitration Rules of the American Arbitration Association then pertaining (the “Rules”), insofar as such Rules are not inconsistent with the provisions expressly set forth in this Access Agreement and Acceptance of Terms. All proceedings in arbitration shall be held in Boca Raton, Florida at a location selected by the parties or as otherwise determined by the arbitrators. The existence and resolution of the arbitration shall be kept confidential except as required by law or to enforce any ruling issued. The provision does not preclude any party from resorting to a court of competent jurisdiction in those instances where injunctive relief may be appropriate. This Agreement shall be governed by the laws of the State of Florida, without giving effect to principles of conflict of laws. All parties agree and consent to jurisdiction and venue in the County of Palm Beach, State of Florida.
5. onGait.com cannot assure or guarantee continuous, uninterrupted or secure access to its site, and you agree that onGait.com shall have no responsibility as a result of any downtime or failure.
6. The onGait.com site is protected by copyright and/or other intellectual property laws and any unauthorized use thereof may violate such laws. onGait.com is not granting any express or implied right to you under any patents, copyrights, trademarks, or otherwise with respect to the information on the site, which may not be reproduced without the prior written permission of onGait.com.
7. In the event that any provision hereof or any obligation hereunder is found invalid or unenforceable pursuant to judicial decree or decision, any such provision or obligation shall be deemed and construed to extend only to the maximum permitted by law, and the remainder of this Agreement shall remain valid. If any action or lawsuit is brought to enforce or interpret this agreement, the prevailing party shall be entitled to attorneys’ fees and costs, including expert costs.
8. This Access Agreement and Acceptance of Terms constitutes the entire agreement between the parties.