Updated: October 26, 2021

This Listing Agreement (“Agreement”) is between Horse Lingo, LLC, an Illinois limited liability company that owns and operates the website www.saddlebredsforsale.com, (“we” or “us” or “Horse Lingo”) and the party who asks and pays Horse Lingo to post an Advertisement on the www.saddlebredsforsale.com website (“you” or “Client”). This Agreement incorporates our Site Terms of Use and Privacy Policy

1. Services. We will post Client’s advertisement for the sale and/or breeding services of a Saddlebred or Hackney horse (“Advertisement”) on the www.saddlebredsforsale.com website (“Site”) and will promote the Advertisement on various social media with links back to the Site (“Promotion”), (collectively, the “Services”). Client is solely responsible for the Content of the Advertisement. In performing the Services, we are not your sales agent and we do not act as a broker for either you or your customers. We are only the distributor of your Advertisement. We make no representations to you, and specifically disclaim, that the Services will result in any inquiry for the sale and/or breeding services of the horse depicted.

2. Content. Client will provide all content for the Advertisement (“Content”). The Content must be original content or content that Client and Horse Lingo have the right to use in the Services. If you submit as part of your Content photographs, images, or videos taken by a third party, such as a professional photographer or videographer, you must have received the written permission to use the third party’s content in the Services. If the Content contains images or audio of any person, you must have a right of publicity release from that person authorizing the use of the image or audio in the Services. We reserve the right to require you to provide to us a copy of the signed release from your photographer, videographer, or third party appearing in the image or videos. We reserve the right to resize or edit the Content to meet the standards for the Site and our Promotion. We reserve the right to refuse to include any Content that we in good faith believe to be inaccurate, illegal, obscene, threatening, or defamatory; infringing of the intellectual property rights, publicity rights, or privacy rights of others; injurious to third parties; or inconsistent with, contrary to, or in violation of the policies, rules, standards, or procedures of Horse Lingo or of the social media platforms used by us to provide the Services.

3. Your Representations to Us. You represent and warrant to us that:
-you are the owner or authorized agent of the Saddlebred or Hackney horse in your Advertisement that you are offering for sale or breeding;
-you are the owner of the Content or have received permission for us to use the Content in the Services;
-you have obtained all required releases from any person whose image or audio is contained in the Content;
-all the representations in the Content are true and accurate, and you are not aware of any omissions in the Content that would affect the sale and/or breeding of the horse; and
-you have complied and will comply with all rules, regulations, and laws of your state regarding equine transactions.

4. Promotion of Your Advertisement. We will promote your Advertisement on social media such as Facebook®, Instagram®, Twitter®, or other appropriate social media platforms. We will determine the specific platforms and timing of the Promotion.

5. Term of Agreement. This Agreement will begin on the date you sign this Agreement via an electronic form provided to you by us and your paying us the requisite fee, payable in advance. The initial term of this Agreement (“Initial Term”) will be twelve (12) months for stallion breeding services or thirty (30) days for a for sale listing, and the Initial Term will begin on the date we first post your Advertisement on the Site. The Initial Term will auto-renew for equivalent 12-month or 30-day periods (each a “Renewal Term”) unless and until you provide us with ten (10) days’ notice of your desire to terminate the Agreement by emailing us at horselingo@gmail.com. This Agreement also will terminate immediately, with no refund of any amounts paid by you to us, if you violate this Agreement or our Site Terms of Use or if we are unable to process your payment using the information you provide to us.

6. Pricing. Horse Lingo will charge, and you agree to pay, for the Services the price posted at https://saddlebredsforsale.com/pricing/ at the beginning of the Initial Term or any Renewal Term.

7. Children Under 13 Years of Age. Horse Lingo does not knowingly collect or use as part of the Services information or images of minors under the age of 13 without parental consent. You agree that you will not submit to Horse Lingo information or images of any minor under the age of 13 unless (a) you are the parent/legal guardian of that child, in which case you must complete and submit a Horse Lingo Parental Consent Form to give Horse Lingo permission to use that information or those images as part of the Services, or (b) if you are not the parent/legal guardian of that child, you submit to Horse Lingo a completed Horse Lingo Parental Consent Form signed by a parent/legal guardian of that child. If you are the parent/legal guardian of a child under the age of 13 whose information or image we have received and used as part of the Services, you have the right to ask us to remove and delete that information by emailing us at horselingo@gmail.com. You can obtain a Horse Lingo Parental Consent Form at https://www.horselingomedia.com/parental-consent/.

8. Horse Lingo’s Representations, Warranties, and Limitation of Liability. Horse Lingo represents that it will not knowingly introduce any malware into its Site or any of its Services. HORSE LINGO does not represent or warrant that ITS SITE OR THE SOCIAL MEDIA platforms IT USES TO PERFORM THE SERVICES will be immune from acquiring malware.

Horse Lingo uses third party social media platforms to provide some of its Services. These third-party social media platforms have their own policies, rules, and procedures, and Horse Lingo shall make reasonable efforts to comply with these policies, rules, and procedures. HORSE LINGO makeS NO REPRESENTATIONS, GUARANTEES, OR WARRANTIES THAT THE THIRD-PARTY SOCIAL MEDIA PLATFORMS WILL MAINTAIN POLICIES, RULES, PROCEDURES, OR SERVICES THAT ENABLE HORSE LINGO TO PROVIDE ITS SERVICES.  IN THE EVENT THAT THE THIRD-PARTY SOCIAL MEDIA CEASE TO PROVIDE POLICIES, RULES, PROCEDURES, OR SERVICES THAT ENABLE HORSE LINGO TO PROVIDE ITS SERVICES, HORSE LINGO MAY TERMINATE OR SUSPEND ITS SERVICES OR ANY COMPONENTS THEREOF, IN WHICH CASE HORSE LINGO MAY PROVIDE A SUBSTITUTE COMPONENT.

HORSE LINGO MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTy AS TO THE RESULTS OF THE SERVICES, NOR DOES HORSE LINGO MAKE ANY OTHER REPRESENTATION, GUARANTEE, OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT.

HORSE LINGO is not liable for LOST REVENUES OR PROFITS or special, indirect, incidental, consequential, or punitive damages, even if WE HAVE been advised of the possibility of such LOSSES OR damages, NOR SHALL the aggregate liability of HORSE LINGO, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to THE SERVICES exceed the FEES YOU PAID FOR SUCH SERVICES.

9. Force Majeure. Horse Lingo shall not be liable for any delay or failure to perform the Services in whole or in part due directly or indirectly to any circumstances beyond Horse Lingo’s control, including, without limitation, war, terrorism, riot, flood, act of God, pandemic, epidemic, court order, governmental action, fire, or failure of suppliers, social media, or subcontractors.

10. Indemnification. You agree to defend, indemnify, and hold harmless Horse Lingo, its affiliates, and their respective members, directors, officers, employees, subcontractors, and agents from and against all claims and expenses, including attorney fees, arising out of your acts or omissions related to this Agreement and from any claims that we serve as a broker or agent for any horse sale or breeding services.

11. Dispute Resolution. The parties agree that this Agreement shall be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions.  The parties agree that, as to any dispute arising out of or relating to this Agreement, they shall submit such dispute to an impartial mediator located in Will County, Illinois for resolution.  If the parties are unable to resolve the dispute by mediation, then the parties may bring an action in a court located in Will County, Illinois or, if a federal action, in the Northern District of Illinois. The parties hereby consent and agree to submit to the jurisdiction of and venue in such courts and waive any argument of inconvenient forum.

12. Communication from Horse Lingo. By accepting this Agreement, you agree to receive administrative emails and announcements from Horse Lingo.  See Horse Lingo’s Privacy Policy as to what information we collect from you and how we use that information. You agree to receive communications from Horse Lingo in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Horse Lingo provides to you electronically satisfy any legal requirement that such communications be in a writing.

13. Waivers, Section Headings, and Severability. No waiver by Horse Lingo of any breach or default of this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or the application thereof to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.

14. Entire Agreement. This Agreement (inclusive of our Site Terms of Use and Privacy Policy) represents the entire agreement and understanding of the parties hereto, and all prior and concurrent agreements, understandings, representations, and warranties regarding the subject matter hereof are and have been merged herein. This Agreement may not be amended except by a written instrument signed by both parties. An email exchange between the parties in which they clearly state their intent to amend this Agreement, specify the new terms, and state their agreement to the new terms shall satisfy the requirements of this Section.

15. Notice. All notices, consents, waivers, and other communications under this Agreement must be in writing and will be deemed to have been duly given when (a) delivered by hand with written confirmation of receipt, (b) sent by electronic transmission with confirmation of receipt, or (c) delivered to the addressee if sent by a nationally recognized overnight delivery service with proof of delivery requested. All communications sent to Horse Lingo should be addressed to horselingo@gmail.com. All communications sent to you will be addressed to the contact information that you provide to Horse Lingo upon acceptance of this Agreement.

16. Authority. Each person entering into to this Agreement represents and warrants that he/she has the authority to enter into this Agreement and, if on behalf of an entity, represents and warrants that the entity has authorized that person to enter into this Agreement and will be bound by this Agreement.