Welcome to HorseCity.com, Inc.'s online auction community (the "Site"). Any person that wants to access the Site to buy, sell or bid for goods or to use the other services we provide (collectively, the "Services") must accept the terms and conditions of this User Agreement without change. By using this service YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS USER AGREEMENT. If you do not accept these terms and conditions or have questions, please e-mail support@horsecityauctions.com.

By agreeing to this user agreement, you agree to allow HorseCity.com to send you e-mail about our services.

HorseCity.com may amend this User Agreement at any time by posting the amended terms on our site.

Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real name, address, phone number and email address. HorseCity.com may refuse the Services to anyone at any time, in our sole discretion.

Fees and Payment Terms:

All fees are in U.S. Dollars unless stated otherwise. The Fee Schedule and Payment Terms may vary in the future and HorseCity.com may in its sole discretion add, delete or change some or all of the Services at any time. The Fee Schedule and Payment Terms in effect on the date of listing the auction shall govern the transaction. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to bid, buy, procure a listing from us or access HorseCity.com's servers. View the help page for exact commission rates.

Auction Guidelines:

All guarantees are between buyer and seller. HorseCity.com provides a venue for Sellers to auction their goods to willing Buyers at the highest or most favorable bid. HorseCity.com is not involved in the actual transaction between Sellers and Buyers and is not the agent of either for any purpose. It is the sole responsibility of the seller to collect all payments for goods purchased. Because user authentication on the Internet is difficult, HorseCity.com cannot and does not confirm that each user is who they claim to be. HorseCity.com encourages you to communicate directly with a trading partner to help you evaluate with whom you are dealing. If you have any concerns about your trading partner, consider using a third party escrow service or services that provide additional user verification.

Bidders: As a bidder, if you have the highest bid at the end of the auction, at or above the minimum bid price (or in the case of reserve auctions, at or above the reserve price), and your bid is accepted by the seller, you are obligated to complete the transaction. Bids are not retractable except in exceptional circumstances such as the seller materially changing the description of the item after your bid or clear typographical errors, or when you cannot authenticate the identity of the seller. You may not bid in a way that pulls other bidders to their maximum bid, retract the high bid, and then rebid at a small increment above the legitimate high bidder (bid manipulation).

Sellers: A Seller may "list" any item for auction on the Site unless it is does not fit under a category listed on the main page. HorseCity.com reserves the right to move any items to the appropriate category. Adult items and live animals are not allowed for sale. HorseCity.com reserves the right to remove any item and not issue a refund for violation of these guidelines. Categories will be created, changed or modified at the sole discretion of HorseCity.com HorseCity.com does not know whether the listing is accurate or if the Seller and Buyer will perform as promised, and Buyers and Sellers use the Site and the Services at their own risk. If you receive one or more bids at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), then you are obligated to complete the transaction with the highest bidder, unless there is an exceptional circumstance, such as the buyer fails to meet the terms of your listing (such as payment method), or you cannot authenticate the identity of the buyer. Sellers may not manipulate the price of their item, either by using a shill (a secondary account or third party) or by bidding themselves.

HorseCity.com retains the right to immediately halt any auction, prevent or restrict access to the Site or the Services or take any other action to restrict access to or availability of objectionable material, any unlawful items or any items otherwise prohibited by the procedures and guidelines contained in the User Agreement Frequently Asked Questions.

HorseCity.com Auctions by employees:

HorseCity.com itself may participate in auctions from time to time. When HorseCity.com offers goods for auction, it is no different than any other seller engaged in an auction and will abide by the same procedures and guidelines. In addition, employees of HorseCity.com are permitted to participate in their personal capacity (i.e., not as HorseCity.com employees, representatives or agents) in any of the auctions conducted through this Site. HorseCity.com employees, when participating in any auction in their personal capacity, are subject to this User Agreement.

Compliance with Laws:

You agree to comply with all applicable laws, statutes and regulations regarding use of the Services, including in regard to bidding, listing, purchasing and selling items.

Disputes.

Because HorseCity.com is not involved in the actual transaction between Sellers and Buyers and is not the agent of either for any purpose, HorseCity.com will not be involved in resolving any disputes between participants related to or arising out of any transaction. HorseCity.com urges Sellers and Buyers to cooperate with each other to resolve such disputes. BECAUSE HorseCity.com IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE HorseCity.com (AND ITS AGENTS AND EMPLOYEES) FROM 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.

No Warranties.

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. HorseCity.com MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION.

HorseCity.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USER AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

Applicable Law.

The Site and the Services are arranged, sponsored, or managed by HorseCity.com in the State of Georgia, USA. The laws of the State of GA govern this User Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws.

License.

By entering into this User Agreement and listing an item, you grant HorseCity.com a non-exclusive, world-wide, royalty-free, irrevocable, right to exercise all copyright and rights of publicity over the material displayed in your listings or bids, in any existing or future media, known or unknown, now or at any later date.

Copyright.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of HorseCity.com or its content suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.

HorseCity.com is a registered trademark of Morris Communications Company, LLC. in the United States and other countries. HorseCity.com AUCTIONS and other HorseCity.com graphics, logos and service names are trademarks of HorseCity.com, Inc. HorseCity.com's trademarks may not be used in connection with any product or service that is not HorseCity.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HorseCity.com.

Termination.

HorseCity.com, in its sole discretion, may terminate this User Agreement, access to the Site or the Services, or any current auctions immediately without notice for any reason.