Terms of Use

Don’s Equipment, LLC

Effective Date: June 06, 2019 This Terms of Use Agreement was last updated on March 31, 2023

This web site (Site) is owned and operated by Don’s Equipment, LLC / dons-equipment.com a Division of Don’s Equipment, LLC . By using this Site and any Materials available herein you consent to the following terms of use (hereinafter referred to “Terms of Use”). If you are acting on behalf of an organization, you confirm that you have the authority to bind the organization and that the organization shall be bound by these terms, and the terms.

This Terms of Use Agreement sets forth the standards of use of the Don’s Equipment, LLC / dons-equipment.com Online Service. By using the Don’s Equipment, LLC / dons-equipment.com / www.dons-equipment.com Site you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Don’s Equipment, LLC / dons-equipment.com / www.dons-equipment.com Site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

Don’s Equipment, LLC / dons-equipment.com shall permit Member to post on this Site. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees required to maintain such connection.

2. Disclaimer of Warranties.

DON’S EQUIPMENT, LLC / DONS-EQUIPMENT.COM MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ITS SERVICES OR ANY ADS POSTED BY MEMBERS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW THE SITE IS DELIVERED “AS IS.” DON’S EQUIPMENT, LLC / DONS-EQUIPMENT.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY, CORRECTNESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT

DON’S EQUIPMENT, LLC / DONS-EQUIPMENT.COM DOES NOT WARRANT THAT THE CONTENT OR FUNCTIONS CONTAINED IN THE SITE SHALL BE FREE FROM ERRORS, INTERRUPTIONS, OMISSIONS, DEFECTS, VIRUSES, OR OTHER DAMAGING ELEMENTS, OR THAT DON’S EQUIPMENT, LLC / DONS-EQUIPMENT.COM SHALL CORRECT ANY ERRORS, OMISSIONS OR DEFECTS.

3. Limitation of Liability

IN NO EVENT SHALL DON’S EQUIPMENT, LLC / DONS-EQUIPMENT.COM OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CONTENT YOU FIND ON THIS SITE, TRANSACTIONS IN WHICH YOU ENGAGE WITH THIRD PARTIES AS A RESULT OF USING THIS SITE, OR THE USE OR INABILITY TO USE THE SITE OR MATERIALS, EVEN IF DON’S EQUIPMENT, LLC / GUEMESISLANDFERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LIABILITY OF DON’S EQUIPMENT, LLC / DONS-EQUIPMENT.COM OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, LICENSERS, SUPPLIERS OR DISTRIBUTORS EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO DON’S EQUIPMENT, LLC / DONS-EQUIPMENT.COM. YOU ASSUME THE COST OF SERVICE, REPAIRS OR CORRECTIONS TO YOUR HARDWARE, SOFTWARE OR OTHER EQUIPMENT RESULTING FROM YOUR USE OF THIS SITE. TO THE EXTENT THAT YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

4. Indemnification

You agree to fully, indemnify, and hold Don’s Equipment, LLC / dons-equipment.com, its employees, directors, officers, and any other entity associated with Don’s Equipment, LLC / dons-equipment.com, and each of its successors, licensees, and assigns, free and harmless from any and all claims, liabilities, costs, losses, damages, expenses, including attorneys’ fees and expenses, in any way related to your use of this Site

5. Members Account

Members are entirely responsible for any and all activities which occur in their account whether authorized or not authorized. Member agrees to notify Don’s Equipment, LLC / dons-equipment.com of any unauthorized use of Member’s account or any breach of security which is known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Don’s Equipment, LLC / dons-equipment.com.

6. Modifications and Interruption to Service

Don’s Equipment, LLC / dons-equipment.com reserves the right to modify or discontinue the Service with or without notice to the Member. Don’s Equipment, LLC / dons-equipment.com shall not be liable to Member or any third party should Don’s Equipment, LLC / dons-equipment.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Don’s Equipment, LLC / dons-equipment.com does not guarantee continuous, uninterrupted or secure access to our Site and operation of our Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

7. Third-Party Sites

Don’s Equipment, LLC / dons-equipment.com merely posts third party information. It does not ensure that the information on this Site is accurate. Don’s Equipment, LLC / dons-equipment.com makes no warranties or representations whatsoever with regard to any horse and you acknowledge that any reliance on representations and warranties provided by any Vendor and or Member(s) shall be at your own risk.

9. Governing Jurisdiction of the Courts

This Agreement shall be interpreted, construed, and enforced according to the laws of the United States of America (“USA”) and the State of Washington. In the event of any legal action between the parties, you agree to the exclusive jurisdiction and venue of the courts located in King County, WA.

10. Age of Majority

You warrant and attest that you are at least eighteen (18) years of age.

11. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

12. Copyright and Trademark Information

Unless otherwise indicated, the Site and all content and other materials on the Site or forwarded by Don’s Equipment, LLC / dons-equipment.com through the Services, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Don’s Equipment, LLC / dons-equipment.com Materials”) are the property of Company or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and the Services. Such license is subject to these Terms of Use and does not include or authorize:

(a) any resale or commercialization of the Site, the Don’s Equipment, LLC / dons-equipment.com Materials or the content forwarded to you by the Services;

(b) the distribution, public performance or public display of any Don’s Equipment, LLC / dons-equipment.com Materials,

(c) modifying or otherwise making any derivative uses of the Site or the Don’s Equipment, LLC / dons-equipment.com Materials, or any portion thereof;

(d) use of any data mining, robots or similar data gathering or extraction methods;

(e) downloading (other than the page caching) of any portion of the Site, the Don’s Equipment, LLC / dons-equipment.com Materials or any information contained therein, except as expressly permitted on by Don’s Equipment, LLC / dons-equipment.com ; or

(f) any use of the Site or the Don’s Equipment, LLC / dons-equipment.com Materials other than for its intended purpose. Any use of the Site or the Don’s Equipment, LLC / dons-equipment.com Materials other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and shall terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

13. Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, users who are deemed to be repeat infringers. Company may also at its sole discretion limit or terminate access to the Site and the Services of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

14. Copyright Complaints

If you believe that any material on the Site or the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Don’s Equipment, LLC

dmca at dons-equipment.com

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

15. Trademarks

Don’s Equipment, LLC / dons-equipment.com, the Company logo and any other product or service name or slogan contained on the Site or included in the Services are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Don’s Equipment, LLC / dons-equipment.com” or any other name, trademark or product or service name of Company without our prior written permission. In addition, the look and feel of the Site and graphical user interface of the Services, including, but not limited to, all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site or through the Services are the property of their respective owners.

16. Botnets

Don’s Equipment, LLC / dons-equipment.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Don’s Equipment, LLC / dons-equipment.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

17. Posting Restrictions

a. You may not under any circumstances list an ad in connection with any illegal, obscene, immoral, or pornographic material.

b. All post must be relative to Don’s Equipment, LLC.

Images and Post Submission

Submissions must NOT contain any copyrighted material including paintings, other copyrighted photos, copyrighted logos, or any other art/advertisements/sculptures or exhibits which are copyrighted. If submitted material contains any of these or other types of copyrighted content, you must either submit releases from the copyright owners or you must mark the images as editorial.

Do not embed any watermarks, website name, or copyright notice in your images you are submitting.

We Do NOT accept any images containing nudity. Never submit any explicit material. Submit NO photos contain violence, x-rated content, or any illegal content according to any US laws.

Don’s Equipment, LLC / dons-equipment.com's guidelines may change at any time without notice. You should Re-read them each time you consider posting on dons-equipment.com

Don’s Equipment, LLC / dons-equipment.com may, but is not obligated to, review and/or reverse its previous accept/reject decision, at its sole discretion.

We reserve the right to remove any previously accepted submission at any time for any reason from the dons-equipment.com

Don’s Equipment, LLC / dons-equipment.com reserves the right at its own discretion to disapprove and/or delete any comment or post submission of any kind, at any time with out notification.

18. Refunds

There shall be no refunds for any ads placed. If you have a concern with the service provided please email Don’s Equipment, LLC / dons-equipment.com.

19. Submission of Content on Don’s Equipment, LLC / dons-equipment.com

By submitting any content to Don’s Equipment, LLC / dons-equipment.com, you hereby grant

Don’s Equipment, LLC / dons-equipment.com, a worldwide, non-exclusive right and license to reproduce, prepare derivative works incorporating, publicly display, market, sublicense and sell any Submitted Content uploaded by Member and accepted by Don’s Equipment, LLC / dons-equipment.com, during the term of this agreement. Don’s Equipment, LLC / dons-equipment.com, in the exercise of its discretion, may refrain from any or all of the foregoing without any liability to Member. You expressly waive any artists authorship rights that you would otherwise have under the laws of the State of Washington, United States Copyright Act or similar laws of any jurisdiction. Ownership of Submitted Content: the copyrights in and to all Submitted Content remain with the owner of such copyrights. Nothing contained herein shall be construed to be a transfer of any copyrights to Don’s Equipment, LLC / dons-equipment.com.

All decisions on submitted content made by management of Don’s Equipment, LLC / dons-equipment.com are final.

20. Termination of Service

Terminate your account immediately for any violation of this agreement, or the Terms and Conditions as defined in this Agreement and elsewhere on Don’s Equipment, LLC / dons-equipment.com, without notice. If your account is terminated for any violation of this Agreement and/or abuse of your listings, and/or our Materials, you lose all rights to use Don’s Equipment, LLC / dons-equipment.com services, and Don’s Equipment, LLC / dons-equipment.com management shall IMMEDIATELY delete any and all listings, and you forfeit all fees paid.

21. Advertisements and Promotions

Company may run advertisements and promotions from third parties on the Site or through the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisements on the Site or made available through the Services.

22. Submissions

You acknowledge and agree that any materials, including but not limited to questions, comments, reviews, suggestions, ideas, feedback, plans, notes, original or creative materials or other information, provided by you in the form of email or other submissions to Company, or any postings on the Site or made available through the Service, are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

23. User Posted Content & Other Interactive Services or Areas

The Site includes areas in which users may post content and information (the “User Content”) and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Services any of the following:

1. User Content that is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;

2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;

3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Terms of Use;

4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

5. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for commercial services or products;

6. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;

8. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; and

9. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, the Site or the Services, or which may expose Company or its users to any harm or liability of any type.

10. User Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.

Additionally, you agree not to:

1. Use the Services to harm or otherwise harass anyone;

2. Use the Services or collect personal data about others for unlawful purposes;

3. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site or the Services – unless expressly permitted by Don’s Equipment, LLC / dons-equipment.com;

4. Post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

5. Attempt to gain unauthorized access to Don’s Equipment, LLC / dons-equipment.com’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Don’s Equipment, LLC / dons-equipment.com Site;

6. Use any form of automated device or computer program that enables the submission of postings without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or

7. Threaten anyone or exploit anyone in a sexual, violent or other objectionable manner.

Company disclaims all liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Company is not liable for any statements, representations, responses, comments or other User Content provided by its users. Although Company has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Company reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site or made available through the Services at any time and for any reason without notice. Any use of the Interactive Areas or other portions of the Site or the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas, and/or the Site and/or the Services.

If you post User Content to the Site or through the Services, you grant Company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Company and its affiliates and sublicensees the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site and the Services and to grant the rights granted herein; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and shall not violate any rights of or cause injury to any person or entity.

24. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Don’s Equipment, LLC / dons-equipment.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

These Terms of Use contain the entire understanding of the parties hereto relating to any use of this Site and supersedes any prior written or oral agreement or understandings between the parties with respect to this Site, and cannot be changed or terminated orally. The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision of these Terms of Use. Don’s Equipment, LLC / dons-equipment.com reserves the right to modify or terminate these Terms of Use without notice, if, in Don’s Equipment, LLC / dons-equipment.com sole discretion, Member fail to comply with any term of these Terms of Use. Upon termination, Member must destroy all Materials obtained from this Site, copies and related documentation thereof. In addition, Don’s Equipment, LLC / dons-equipment.com reserves the right to terminate this Site without notice.

This document is not to be copied or redistributed.

Any unauthorized use or reproduction of the on-line material contained herein is strictly prohibited.

Terms of Use

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