Salebarn User Agreement
Please read the terms and conditions of the Salebarn User Agreement carefully before accessing the Salebarn classified ads. Use of or access to the Salebarn web site constitutes acceptance of the terms and conditions of the Salebarn User Agreement.
Only a Venue
Overview. Our site acts as the venue for sellers to list items (or, as appropriate, solicit offers to buy) and buyers to search for items or service. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality 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.
Information Control. We do not control the information provided by other users which is made available through our system. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. We reserve the right to refuse any advertisement.
Access and Interference
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Third Party Links
The Internet sites that are available through certain links included in this Web Site are not under the control of TFB and its affiliates. TFB and its affiliates are not responsible for their content, or any service or products provided. Links do not imply endorsement by TFB and its affiliates of any site.
TFB AND EACH OF ITS AFFILIATES DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR THIRD PARTY RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY DATA, INFORMATION, MATERIAL, OR GOODS AND SERVICES INCLUDED IN, OR ACCESSIBLE FROM, THIS WEB SITE.
TFB, each of its affiliates, and all their respective directors, officers, employees, and agents are not responsible for any content, goods or services offered by any third parties on this web site. TFB and its affiliates have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listing, information shown, the ability of sellers to sell items or the ability of buyers to buy items. TFB and each of its affiliates accept no responsibility or liability for the services or products advertised. IN NO EVENT SHALL TFB OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES CAUSED BY ACCESS TO, USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON THIS SITE, WHETHER OR NOT CAUSED BY ITS OWN NEGLIGENCE.
Because TFB is not involved in any actual transaction(s) between buyers and sellers, TFB and its officers, directors, employees, and agents are hereby released from claims, demands, and damages, both actual and consequential of every kind and nature, arising out of or in any way connected to a dispute between any buyer and any seller, EVEN IF CAUSED BY THE NEGLIGENCE OF TFB.
YOU AGREE TO INDEMNIFY AND HOLD TFB AND EACH OF ITS AFFILIATES, AND ALL THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THIS WEBSITE, ANY SALEBARN ACCESS OR SERVICE, OR YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Any controversy or claim arising out of or relating to this Agreement or our services 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 Waco, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or TFB may seek any interim or preliminary relief from a court of competent jurisdiction in Waco, Texas necessary to protect the rights or property of you or TFB pending the completion of arbitration. Each party is to bear one-half of the cost of any arbitration.
Except as stated otherwise, any notices shall be given by certified mail to TFB, Attn: Legal Department, P.O. Box 2689, Waco, Texas 76702. We may give you notice by email at the email address you provide to us. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given 3 days after the date of mailing.
This Agreement shall be governed in all respects by the laws of the State of Texas and exclusive venue for all disputes shall be in Waco, McLennan County, Texas. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.