PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE.
This website is owned and operated by Jared Gollnitz, Sole Proprietor. Questions concerning this website or its operation should be directed to the contact points set forth at the end of these Terms of Use. Use of the website is offered to you, conditioned on your acceptance, without modification, of all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). Your use of the website and services constitutes your agreement to all Terms of Use; if you do not agree to these terms, do not use the website. You agree to familiarize yourself with the Terms of Use and to abide by them if and when you use the website. The Thoroughbred Store is free to revise these terms of use at any time by updating this posting and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes. The latest revision date is listed at the end of these Terms of Use for your convenience. If you are a buyer or seller of an equine interest on this website, you will also be required to agree to the The Thoroughbred Store Transaction Agreement, which will be provided to you when registering your account, when creating a new offer, and/or when agreeing to purchase an offer.
This website may provide you with links to other sites on the Internet (“Linked Sites”). Unless explicitly indicated, the Linked Sites are not under The Thoroughbred Store’s control, and The Thoroughbred Store is not responsible for the contents of any Linked Sites, including without limitation the accuracy, copyright compliance, legality or decency of the Linked Sites or any links contained therein. These links are provided for your convenience, and do not imply endorsement of the Linked Sites by The Thoroughbred Store or any association with the operators of the Linked Sites.
As a buyer or seller on this website, you may upload content, such as images, videos, audio, descriptions, etc. By uploading your content, you hereby submit that all works and other intellectual property associated with the uploaded content are owned by you or otherwise licensed to you for this purpose. You also provide to The Thoroughbred Store a non-exclusive, transferrable, unrevokable, worldwide license to use the uploaded content for any reason. Additionally, by uploading your content you grant other users of the The Thoroughbred Store website a nonexclusive, non-transferrable license to use the works for viewing, researching, comparing, or otherwise facilitating purchase of an equine interest on the The Thoroughbred Store website.
You acknowledge and agree that the materials contained in this website, regardless of source, are protected by copyright, trademark, and other proprietary rights and laws. You may download and print or save to your disk or hard drive materials found on this website for your personal use only, provided that all copies you make of this material must include any copyright, trademark, or other proprietary notice located on the website which pertains to the copied material. Except for the use expressly authorized, you agree not to sell, transfer, license, modify, copy, reproduce, distribute, transmit, display, perform, publish, or create derivative works from such materials. You agree not to systematically retrieve data or other content from this website for the purpose of creating a collection, compilation, database, or directory without The Thoroughbred Store’s written permission. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with the these Terms of Use. You may not mirror or archive any part of this website or any material contained on this website on any server or computer without The Thoroughbred Store’s written permission.
Downloading items from this website does not give you title to such items, including any files, data, video, audio, and images incorporated in or associated with such items. Your use of any such items shall be only in accordance with the license agreement described above or presented upon download of such item. Items available on this website are copyrighted by The Thoroughbred Store or their affiliates. Except as otherwise stated herein, these items may not be copied, redistributed or placed on any server for further distribution, without written permission of The Thoroughbred Store.
You agree not to use the website for any purpose that is unlawful or prohibited by the Terms of Use. You may not use the website in any manner that could damage, disable, overburden, or impair this website or interfere with any other party’s use of this website or services. You may not seek by any means to obtain any materials or information through the website not intentionally made available to you through the website. Any access to restricted or password protected areas of the website may be subject to prosecution.
The website may contain communication services such as equine offerings, customer reviews, bulletin boards, chat rooms, news groups, communities, electronic mail postings, and other public forums. You agree to post messages only if they are relevant to the intended subject matter of the forum. You agree that you will not:
Post messages that are inappropriate, unlawful, threatening, obscene, vulgar, pornographic, profane, indecent, defamatory, libelous, abusive, or a violation of the legal rights (including, without limitation, privacy and publicity rights) of others.
Violate the copyright, trademark, or other intellectual property rights of The Thoroughbred Store or any other person or entity.
Upload any files containing viruses, corrupted files, or any other component that may be harmful to the operation of another’s computer.
Improperly assume or claim the identity, characteristics, or qualifications of another person.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Use the website for commercial purposes (other than the commercial purposes provided by The Thoroughbred Store), or post messages that contain advertising or are intended to solicit others to buy or sell services or to make donations that are outside of the intended use of the website.
Harvest or otherwise collect information about others, including, without limitation e-mail addresses, without their consent.
Attempt to gain access to any portion of this website, any computer, server, account, network, software, or hardware associated with this site, from which you are restricted.
Violate any applicable laws or regulations.
The Thoroughbred Store is not obligated to monitor the communications contained on the site. However, The Thoroughbred Store may, at its sole discretion edit, decline to post, or remove any information or materials or any portion thereof.
The Thoroughbred Store makes no representations or warranties that this website is free of defects, viruses or other harmful components. The Thoroughbred Store shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or The Thoroughbred Store’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD The Thoroughbred Store HARMLESS FROM, AND YOU COVENANT NOT TO SUE The Thoroughbred Store FOR, ANY CLAIMS BASED ON THE USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. The pages on this website may contain technical inaccuracies, outdated information and typographical errors. ACCESS TO THIS WEBSITE IS PROVIDED FREE OF CHARGE AS A COURTESY. HOWEVER, ALL MATERIALS, INFORMATION, SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” The Thoroughbred Store DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. The Thoroughbred Store MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED IN OR OBTAINED THROUGH THE WEBSITE FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES; THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL The Thoroughbred Store BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER THAT MAY RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF EMAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Thoroughbred Store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; The Thoroughbred Store’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you are dissatisfied with any portion of the website or the associated services, your sole remedy is to cease using them.
You agree to defend, indemnify, and hold harmless The Thoroughbred Store and its employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of your use of this website, your breach of this agreement, or your infringement of the intellectual property rights of third parties.
The Thoroughbred Store reserves the right to terminate your access to the website or to any or all of its services at any time without notice for any reason whatsoever.
This Agreement shall be given effect to the fullest extent permissible by law. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof, and this agreement shall be construed to give maximum legal effect to the intent expressed herein. This agreement is governed by, and construed in accordance with the laws of the State of Kentucky, without giving effect to any principles of conflicts of law. You hereby consent to the exclusive jurisdiction and venue of the courts of the State of Kentucky or, if appropriate, the United States District Court for the Eastern District of Kentucky for the resolution of all disputes arising out of or relating to the use of this site and the associated services. The Thoroughbred Store may assign this agreement, in whole or in part, at any time. This agreement coupled with the The Thoroughbred Store Privacy Policy, and the The Thoroughbred Store Transaction Agreement constitutes the entire agreement between The Thoroughbred Store and the user with respect to this website, and these agreements supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between The Thoroughbred Store and the user with respect to the website.
The Thoroughbred Store’s performance of this Agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of The Thoroughbred Store’s right to comply with governmental, court and law enforcement requests relating to your use of the website, or information collected by The Thoroughbred Store in connection with such use.
All rights not expressly granted herein are reserved exclusively and entirely to The Thoroughbred Store.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to The Thoroughbred Store’s Designated Agent.
In accordance with the Digital Millennium Copyright Act (DMCA), The Thoroughbred Store has designated an agent to receive notice of unauthorized online use of copyrighted materials. If you believe that your copyrighted work is being infringed, please notify our copyright agent specified below.
E-mail may be sent to: This email address is being protected from spambots. You need JavaScript enabled to view it.
Please notify us in writing and include all of the following:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit The Thoroughbred Store to locate the material.
Information reasonably sufficient to permit The Thoroughbred Store to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of The Thoroughbred Store or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners. Except as otherwise noted, The Thoroughbred Store is the owner of all trademarks and service marks on this website, whether registered or not.
The Thoroughbred Store receives personal information from our customers through many of the transactions on this website. This personal information may include information input by you and/or received from your computer (such as IP addresses, cookies, etc.). While The Thoroughbred Store does not generally disclose any customer personal information to third parties, The Thoroughbred Store reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages. Please our full Privacy Policy for details.
These Terms of Use, coupled with the The Thoroughbred Store Privacy Policy and the The Thoroughbred Store Transaction Agreement represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.
Any unauthorized access, modification, or change of any information, or any interference with the availability of or access to this website is strictly prohibited. The Thoroughbred Store reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights The Thoroughbred Store may have.
Questions about these terms should be directed to:
This email address is being protected from spambots. You need JavaScript enabled to view it.
Please use this contact information only for legal and privacy policy matters. For all other inquiries, refer to the Contact Us section of our home page.
This document was last revised on February 1, 2013