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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 agree to be bound by the terms of this Access Agreement and Acceptance of Terms (which shall in all cases include amendments and restatements of this Agreement) by using our site. Any other amendment or restatement must be in writing and signed by an officer of onGait.com.

2. 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.

3. You understand and agree that onGait.com is a facilitator, and that its sole function is to present in its own format on its site the information regarding horses, services or equipment listed by sellers and to provide the name, address, and other material provided by the sellers and buyers. onGait.com will not participate in any contract or agreement for the purchase and sale of the horse, service or equipment, which will be a strictly private transaction between the buyer and the seller. onGait.com is not an agent of either buyer or seller. onGait.com has not investigated any potential seller, the financial standing of any seller, the pedigree of any listed horse, the pregnancy or other physical condition of any listed horse, or the title, liens, security interests, or other encumbrances with respect to any horse. onGait.com has not done any due diligence with respect to any seller or any horse, service or equipment. Due diligence is solely the buyers responsibility. onGait.com has no liability in the event of default by anyone who signs an agreement with you to sell a listed horse or for any third-party claim to the horse. onGait.com likewise will not be in a position to determine the legality of any arrangement made between you and a seller. Any samples of offers, bills of sales, and other documents posted on the site are examples only. You may download or use any sample only if you agree to have the sample reviewed by an attorney to verify that it is appropriate for use in your transaction and your jurisdiction.

4. 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.

5. You agree that in no event shall the maximum liability of onGait.com to you exceed the amount collected by onGait.com for publishing the information regarding the horse, service or equipment. You agree that onGait.com shall not be liable for any damages, actual or consequential, arising out of the dealings between you and any other person using the site.

6. 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.

7. You grant  onGait.com on a non-exclusive basis a worldwide, perpetual, irrevocable, royalty-free right to the copyright and publicity rights you have in all material you provide to onGait.com and grant onGait.com the right to sublicense the same directly and indirectly and in, on, or over any media now known or hereafter developed.

8. 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.

9. You agree not to use automatic devices, such as robot, or spider type devices, that could interfere with the proper working of the site or that would cause an information overload or impose an unreasonably large load on the servers hosting the onGait.com site.

10. 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.

11. The onGait.com site contains links to Internet sites that are not under the control of onGait.com. The linked sites have not been evaluated by onGait.com, and if you access a linked site it will be at your own risk. onGait.com is not responsible for information or products listed on linked sites and the linked sites are provided for convenience only. You acknowledge that searches for terms frequently used in connection with breeding horses and stallions may identify adult only sites and that you will not access an adult site in violation of laws applicable to you. Control protections are available in many browsers, and software and other services may be obtained from commercial vendors that may assist you in limiting access to offensive or illegal material.

12. If any provision of this Access Agreement and Acceptance of Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall be enforced.

13. This Access Agreement and Acceptance of Terms shall be governed by and construed in accordance with the laws of the State of Florida and shall inure to the benefit of the employees, officers, and directors of onGait.com. The venue of any legal proceedings arising out of this agreement shall be Palm Beach County, Florida.

14. This Access Agreement and Acceptance of Terms constitutes the entire agreement between the parties.

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