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Terms & Conditions

PREAMBLE

PLEASE READ THESE TERMS OF USE AND ANY HYPERLINKED POLICIES (COLLECTIVELY THE “AGREEMENT” OR “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITES AND SERVICES OFFERED BY 3BEATS EQUESTRIAN, LLC. (“3BEATS”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AT 3BEATS.COM (HEREINAFTER COLLECTIVELY REFERRED TO IN THE SINGULAR AS THE “SITE”) AND ALL SERVICES PROVIDED BY 3BEATS ON THE SITE (THE “SERVICES”). BY USING THE SITE AND SERVICES OFFERED BY 3BEATS (INCLUDING THE 3BEATS APP), AND INCLUDING BUT NOT LIMITED TO BROWSING THE SITE, YOU, WHETHER AN INDIVIDUAL OR AN ENTITY, (THE “USER” OR “YOU”) ARE EXPRESSLY AGREEING TO BE BOUND BY THESE TERMS OF USE INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK. BY USING THE SITE AND SERVICES OFFERED BY 3BEATS YOU HEREBY WAIVE ANY AND ALL CLAIMS CHALLENGING THE APPLICABILITY OR BINDING NATURE OF THE TERMS OF USE. THESE TERMS OF USE APPLY TO ALL USERS OF THE SITE, INCLUDING WITHOUT LIMITATION USERS WHO ARE VENDORS, CUSTOMERS, MERCHANTS, CONTRIBUTORS OF CONTENT, INFORMATION AND OTHER MATERIALS OR SERVICES ON THE SITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Please note that Section 6 below contains an arbitration clause and class action waiver. By agreeing to the Terms of Use, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

1. 3Beats is a Marketplace/Venue

3Beats acts as a marketplace/venue to allow users who comply with 3Beats’s Terms of Use and policies to offer, sell and buy tack, rider and horse apparel and equestrian equipment from other users. While 3Beats has processes in place to review the veracity and propriety of listings and to vet buyers and sellers, it cannot guarantee the truth, accuracy or legality of listings or the ability of sellers to sell items or the ability of buyers to pay for items.  3Beats also cannot ensure that a buyer or seller will actually complete a transaction or guarantee the true identity, age, and nationality of a user. 3Beats encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification. You agree that to the fullest extent protected by law, 3Beats is a marketplace/venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on 3Beats. YOU USE THE 3BEATS SERVICE AT YOUR OWN RISK AND AGREE THAT THE SITE IS PROVIDED TO YOU WITH ALL FAULTS, INCLUDING NO PROMISE OF CONTINUOUS SERVICE (SEE SECTION 16 BELOW). PLEASE ALSO SEE THE SECTIONS ON NO WARRANTIES (SECTION 11), LIMITATION ON LIABILITIES (SECTION 12) AND INDEMNITIES (SECTION 15) BELOW.

2. Membership

(A) Age: 3Beats is fully committed to compliance with the Children’s Online Privacy Protection Rule (“COPPA”) as well as applicable contract law. Accordingly, 3Beats’s services are available only to, and may only be used by, individuals who are 18 years of age and older who can form legally binding contracts. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. 3Beats may, in its sole discretion, refuse to offer access to, or use of the Site to, any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use 3Beats’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all such cases, the adult is the User and is responsible for any and all activities.

(B) Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by 3Beats’s policies as stated in the Terms of Use as well as all other Community Rules, policies and procedures that may be published from time to time on the Site by 3Beats, each of which is incorporated herein by reference and each of which may be updated by 3Beats from time to time without notice to you. To the fullest extent permitted by law, you hereby waive any and all claims and rights with respect to notice of changes to the Terms of Use or other associated policies. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by 3Beats from time to time; your use of such services is subject to those additional terms, conditions and policies, which are incorporated into this Agreement by this reference.

(C) Password: Your password is your responsibility. Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify 3Beats of any unauthorized use of your password or any breach of security. You also agree that 3Beats cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Except for password managers used in accordance with best practices, you agree not to provide your username and password information in combination to any other party other than 3Beats without 3Beats’s express written permission.

(D) Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on 3Beats you must provide and maintain valid payment information such as valid credit card information, contact information and/or a valid Intuit or PayPal account.

(E) Account Transfer: You may not transfer or sell your 3Beats account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

(F) Right to Refuse Service: ACCESS TO 3BEATS’S SERVICES AND THE SITE IS A PRIVILEGE GRANTED AT 3BEATS’S SOLE DISCRETION. YOU HAVE NO RIGHT TO ACCESS 3BEATS’S SITE. 3Beats will terminate any user who it determines is providing services competitive to 3Beats through the Site. 3Beats’s services, and all accesses to the Site, are not available to temporarily or indefinitely suspended 3Beats members. Additionally, 3Beats reserves the right, in 3Beats’s sole discretion, to cancel unconfirmed or inactive accounts or to disable, deactivate or terminate your account for any reason, without notice, and without any right to cure.

3. Fees and Services

Joining and setting up a shop on 3Beats is free. 3Beats does not charge fees to list an item for sale. 3Beats does charge a percentage of the sale price when the item sells. When you list an item you have an opportunity to review and accept the fees that you will be charged. The 3Beats billing policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for 3Beats’s services are effective immediately after posting the changes on the Site to the fullest extent permitted by law, or otherwise immediately after the minimum period permitted by law. 3Beats may also choose to temporarily change the Billing Policy and the fees for 3Beats’s services for promotional events (for example, free listing days); such changes are effective when 3Beats posts the temporary promotional event on the Site or otherwise notifies you of the change.

Fees and Termination: If 3Beats terminates a listing or your account, if you close your account, or if the payment of your 3Beats fees cannot be completed for any reason, you remain obligated to pay 3Beats for all unpaid fees plus any penalties, if applicable. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). YOU HEREBY EXPRESSLY AGREE THAT 3BEATS MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES OR BALANCES AND WAIVE ANY AND ALL CLAIMS AGAINST 3BEATS FOR EXERCISING THIS RIGHT (INCLUDING, FOR EXAMPLE, USING YOUR CONTACT INFORMATION TO AID IN COLLECTING PAYMENT). If you have a question or wish to dispute a charge, contact 3Beats. 

4. Content License

(A) Your Content: 3Beats does not claim ownership rights in content you place on the Site or in your listings (the “Content”). You grant 3Beats a license solely to enable 3Beats to use any information or Content you supply 3Beats with, so that 3Beats is not violating any rights you might have in that Content. You grant 3Beats a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights and any other rights necessary to effectuate 3Beats’s ability to use the content consistent with this license that you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow 3Beats to store or re-format your Content on 3Beats and display your Content on 3Beats in any way as 3Beats chooses. 3Beats can also use any transactional information including sale date and final price for sales completed on 3Beats as it sees fit.

(B) Personal Information: 3Beats will only use personal information in accordance with 3Beats’s Privacy Policy. As part of a transaction, you may obtain personal information, including email address and shipping information, from another 3Beats user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for 3Beats-related communications. 3Beats has not granted you a license to use the information for unsolicited commercial messages or for any other purpose. Without limiting the foregoing, without express consent from the user, you are not licensed to add any 3Beats user to your email or physical mail list. For more information, see 3Beats’s Privacy Policy.

(C) Re-Posting Content: By posting Content on 3Beats, it is possible for an outside website or a third party to re-post or index that Content. You agree to hold 3Beats harmless for any dispute concerning this use, along with the limitations on liability and indemnification provisions below. If you choose to display your own 3Beats-hosted image on another website, the image must provide a link back to its listing page on 3Beats.

(D) Idea Submissions: 3Beats considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and 3Beats shall not be liable for the disclosure or use of such Material. If, at 3Beats’s request, any member sends Material to improve the site (for example through the Forums or to customer support), 3Beats will also consider that Material to be non-confidential and non-proprietary and 3Beats will not be liable for use or disclosure of the Material. Any communication by you to 3Beats is subject to this Agreement. You hereby grant and agree to grant 3Beats, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, make, use, sell, offer to sell, import, export, publicly display, publicly distribute, create derivative use from, publish and in all other ways exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

5. Information Control

3Beats does not control the Content provided by users that is made available on 3Beats. You may find some Content to be offensive, harmful, inaccurate, or deceptive. 3Beats users must be eighteen or over, but there are risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using 3Beats, you agree to accept such risks and expressly agree that 3Beats (and 3Beats’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on 3Beats. Please use caution, common sense, and practice safe buying and selling when using 3Beats.

Other Resources: 3Beats is not responsible for the availability of outside websites or resources linked to or referenced on the Site. 3Beats does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that 3Beats shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

6. Disputes, Arbitration, Class Waiver, Waiver of Claims and Venue

(A) JAMS: In the event a dispute arises between you and 3Beats, please contact 3Beats. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Orange County, North Carolina, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith.

(B) Class Action and Collective Action Waiver: The parties agree to arbitrate solely on an individual basis, and this Agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The tribunal shall rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate.

(C) Enforcement of Arbitration Judgment: Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

(D) Jurisdiction and Venue: For all purposes of any injunctive or equitable proceeding, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the North Carolina District Court 15B. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.

(E) Limitations Period: You and 3Beats agree that any cause of action arising out of or related to the Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

(F) Intra-User Disputes and EU Dispute: Should you have a dispute with one or more users, or an outside party, YOU RELEASE 3BEATS (AND 3BEATS’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. 3Beats encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

3Beats, for the benefit of users, may try to help users resolve disputes. 3Beats does so in 3Beats’s sole discretion, and 3Beats has no obligation to resolve disputes between users or between users and outside parties. To the extent that 3Beats attempts to resolve a dispute, 3Beats will do so in good faith based solely on 3Beats’s policies. IN THE EVENT 3BEATS INVOLVES ITSELF IN A DISPUTE BETWEEN CUSTOMERS, YOU EXPRESSLY WAIVE AND RELEASE 3BEATS (AND 3BEATS’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE DISPUTE.

If you do not respond to 3Beats’s inquiry regarding a dispute within forty-eight (48) hours, 3Beats reserves the right to resolve the dispute at its discretion and you agree that any such resolution will be binding on you.

For disputes located in the EU, the European ADR Directive ( EU Directive 2013/11 / EU) on Alternative Dispute Resolution may be used. The Online Dispute Resolution (ODR) platform for these issues is located here. Sellers will be obliged to provide their email address in order to use the ODR platform.

(G) Feedback: 3BEATS WILL NOT AMEND, ALTER OR OTHERWISE CHANGE FEEDBACK LEFT BETWEEN USERS UNLESS THE CONTENT IS FALSE, UNREASONABLY INFLAMMATORY OR OTHERWISE IN VIOLATION OF 3BEATS POLICIES AS DETERMINED BY 3BEATS IN ITS SOLE DISCRETION. FULLY REFUNDED ORDERS ARE NOT ELIGIBLE FOR FEEDBACK.  

(H) Full Waiver: YOU EXPRESSLY WAIVE AND RELEASE 3BEATS (AND 3BEATS’S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YOUR USE OF THE SAME.

7. Financing Vendors

From time to time 3Beats may offer financing options and alternatives through third party vendors (“Financing Vendors”). You acknowledge that to the fullest extent permitted by law, these Financing Vendors are not agents of 3Beats and 3Beats is not bound by the representations, promises, warranties or guarantees provided by any Financing Vendors. By using the Site you hereby waive and release any and all claims against 3Beats that arise out of your use of, or the services of, any Financing Vendors.

8. Email, Text and Fax Communications

By using the Site and services available on the Site, you agree that you have an established business relationship (EBR) with 3Beats and hereby waive any and all claims under the Telephone Consumer Protection Act (TCPA) as they relate to email, text message or fax communications from 3Beats. You hereby expressly consent to communications of any kind from 3Beats to the fullest extent permissible by law.

When you register for an account, subscribe to a newsletter, or provide us with your email address or phone number, you will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to 3Beats. Please note that some changes to your account settings may take a few days to take effect.

9. 3Beats’s Intellectual Property

3Beats, and other 3Beats graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of 3Beats or its affiliated companies in the U.S. and/or other countries. 3Beats’s trademarks and trade dress may not be used, in any manner, without the prior express written consent of a duly authorized representative of 3Beats.

10. Access and Interference

3Beats may contain robot exclusion headers which contain internal rules for software usage. Much of the information on 3Beats is updated on a real-time basis and is proprietary or is licensed to 3Beats by 3Beatss users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access 3Beats for any purpose whatsoever, except to the extent expressly permitted by 3Beats’s with prior express written permission. Additionally, you agree that you will not take any action that imposes, or may impose, in 3Beats’s sole discretion, an unreasonable or disproportionately large load on 3Beats’s infrastructure. You will not copy, publicly reproduce, modify, create derivative works from, publicly distribute or publicly display any user Content, including via use of plug-ins, extensions, applications or scripts that interfere with the Content, features, or functions of the Site or Services. You will not interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. And you will not bypass 3Beats’s robot exclusion headers or other measures 3Beats may use to prevent or restrict access to 3Beats.

11. Breach of 3Beats Terms of Use and Policies

Without limiting its legal recourse or any other remedies, 3Beats may, without notice, and without refunding any fees, delay or immediately remove Content, warn 3Beats’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason, including, for example if any of the following apply: (a) 3Beats suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, including the Privacy Policy, the Community Rules or other policies and community guidelines incorporated herein; (b) 3Beats is unable to verify or authenticate any of your personal information or Content; (c)3Beats believes that a user is acting inconsistently with the letter or spirit of 3Beats’s Community Policy or policies; or (d) 3Beats believes a user has engaged in improper or fraudulent activity in connection with 3Beats or the actions may cause legal liability or financial loss to 3Beats’s users or to 3Beats. Notwithstanding the foregoing, 3Beats retains the right to suspend or terminate a user without cause at 3Beats’s sole discretion. Use of the Site is a privilege, not a right.

12. No Warranty

3BEATS IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

WE DO NOT GUARANTEE THAT: (I) THE SITE OR SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SITE OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SITE OR SERVICES SOLELY AT YOUR OWN RISK.

3BEATS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS PROVIDE 3BEATS’S SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY, OF ANY KIND. 3BEATS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM 3BEATS SHALL CREATE ANY WARRANTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

IN NO EVENT SHALL 3BEATS, AND (AS APPLICABLE) 3BEATS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, 3BEATS’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 3BEATS’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF 3BEATS’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO 3BEATS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD 3BEATS AND (AS APPLICABLE) 3BEATS’S PARENT, SUBSIDIARIES, AFFILIATES, 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 BREACH OF THIS AGREEMENT, THE PRIVACY POLICY, THE COMMUNITY RULES OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO APPROPRIATELY COLLECT AND REMIT TAXES ON ANY SALES.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

15. No Guarantee of Continuous Service

3Beats does not guarantee continuous, uninterrupted access to the Site and no SLA representations or guarantees are included herein. Operation of the Site may be interfered with by numerous factors outside 3Beats’s control.

16. Copyright Policy & Intellectual Property Policy

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. Additional laws apply to trademark rights and other types of rights in the U.S. and worldwide. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining all necessary prior written consents of the owner(s) of such proprietary rights. If you do so repeatedly on the Site, you will be removed as a user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website by a user in a way that constitutes copyright infringement, or you are reporting other intellectual property issues, please contact 3Beats at support@3beats.com

17. Trademarks for Modified Instruments

Users of the Site who engage in modifications of equipment or gear may be prohibited from referring to those items by their original trademarked names. Enforcement remains the responsibility of the trademark owner, but 3Beats will apply its intellectual property policy in the enforcement of legitimate trademarks. As a user, you are prohibited from using trademarked names or logos without all necessary written permission(s) from the trademark owner(s).

18. Gift Cards

3Beats offers gift cards for purchase. The terms and conditions related to 3Beats gift cards are located on our website under “gift cards”.

19. 3Beats Sites

3Beats Sites Terms of Use are located on our website. By utilizing 3Beats Sites (including the 3Beats App), you acknowledge that 3Beats is providing the infrastructure and platform for your website, but maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the 3Beats Sites user. You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your 3Beats Site.

20. 3Beats Integrations

Your use of 3Beats Integrations indicates your assent to 3Beats’s Terms and Policies contained herein. By utilizing 3Beats Integrations, you acknowledge that 3Beats is providing an integration of the 3beats.com platform with third party platforms providing e-commerce and other digital services and solutions (collectively the “Third Party Service Providers”). You are subject to all applicable Third Party Service Providers’ terms of service by utilizing 3Beats Integrations. While 3Beats is providing 3Beats Integrations, maintenance, design, content and compliance with federal, state and local laws remains your responsibility as the 3Beats Integrations user. You hereby waive any and all claims against 3Beats, its officers, directors, employees and agents related to the use, maintenance, design and content of your 3Beats Integration(s). You acknowledge that you are responsible for compliance with federal, state and local laws applicable to your 3Beats Integration(s). You further agree to indemnify and hold 3Beats harmless for any third party claims or complaints associated with your use of 3Beats Integration(s). 3Beats Integrations are provided “as is” and with all faults. DO NOT UTILIZE 3BEATS INTEGRATIONS IF YOU DO NOT AGREE WITH THESE TERMS.

21. Price Guide

The Price Guide is a tool for 3Beats users that bases its information on recent transactions on the Site or relevant external market data. 3Beats does not warrant its accuracy nor guarantee that items will sell within the stated parameters.

22. Your Responsibility for Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any 3Beats service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on 3Beats’s net income). This includes sales taxes applicable in each state, depending on the threshold required for collection. 3Beats cannot provide tax advice. Please contact your tax professional to determine whether or not you have sales tax liability. This responsibility includes applicable customs and fees for import and export sales; 3Beats assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through 3Beats. If you complete 200 transactions or more and receive over $20,000 in gross income from the site, exclusive of 3Beats’s fees, you will receive a Form 1099 from 3Beats and be obligated to pay income tax on your earnings. 3Beats is not responsible, in any manner, for paying taxes on your earnings or your use of the Site.

23. Proposition 65 – California

The California Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop 65”) requires manufacturers, producers, packagers, importers, suppliers or distributors (the “Notice Parties”) of products to provide warnings to California consumers about potentially hazardous or cancer-causing materials in those products.  Notice Parties are encouraged to include a warning that lists the specific chemicals in the product(s) if they are present in an amount that may be hazardous. Example warnings could read:

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.

WARNING: This product can expose you to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.

We encourage all 3Beats users who sell to California residents to investigate the requirements and to make independent determinations about whether warnings are necessary when selling items to California residents.  You can include warnings in your item descriptions on 3Beats. You agree to indemnify and hold 3Beats harmless for any violations of Prop 65 or any claims arising out of your violation of Prop 65.

24. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

25. No Agency

You and 3Beats are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

26. Modification of Service or Terms and Policies

3Beats reserves the right to modify or terminate the 3Beats service for any reason, without notice, at any time, to the maximum extent permitted by law. 3Beats reserves the right to alter these Terms of Use, including the Privacy Policy, the Community Rules or other Site policies at any time, so please review the policies frequently. Your continued use of the Site will act as your unqualified acceptance of any changes to the Terms and Policies, regardless of actual notice.

27. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of North Carolina, excluding its conflicts of laws rules, and the United States of America.

28. Sanctioned Countries and Endangered Species

3Beats does not currently support transactions to, from or involving any comprehensively sanctioned countries (the “Sanctioned Countries”). Additionally, listings with brand new items made in the Sanctioned Countries will be removed, if found. Used items that were made in the Sanctioned Countries may be allowed, provided they do not violate any other Terms of Use. Decisions will be made at the sole discretion of 3Beats. Any items made from materials derived from endangered species will be removed if found on the Site.

29. Survival

All Sections which are intended by their terms to survive the expiration of this Agreement shall survive any termination or expiration of this Agreement.

30. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to 3Beats; Attn: Legal Department; 1011 S Hamilton Rd. Suite 216 Chapel Hill, North Carolina 27517 (in the case of 3Beats) or, in your case, to the email address you provide to 3Beats (either during the registration process or when your email address changes), by notice posted to your user dashboard or by notice posted to the Site. Notice shall be deemed given 24 hours after email is sent or notice is posted. Alternatively, 3Beats may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to 3Beats. In such case, notice shall be deemed given three days after the date of mailing.

31. Disclosures

The services hereunder are offered by 3Beats Equestrian, LLC, located at 1011 S Hamilton Rd. Suite 216 Chapel Hill, North Carolina 27517. If you are a North Carolina resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

32. Horse and Pony Listings

3Beats does not guarantee the sale or lease of your horse or any other product or service advertised on 3beats.com. 3Beats does not guarantee the owner/seller’s services, representations, or any horse’s performance or fitness for a particular purpose, or the performance of any person or entity advertising on its site.

If you provide contact information for people interested in your horse(s) or services, 3Beats is not responsible for any misuse of this information. It is your responsibility to remove your ad from the 3Beats service upon sale or transfer.

3Beats reserves the right to remove or not remove ads based on the accusation of fraud. 3Beats is not responsible for the claims of users regarding their horse(s), show records, health, or any other claims asserted.

Effective Date: November 25, 2019

Updated: November 23, 2019