Move A Horse User Agreement
By utilizing the services of Move A Horse a US Sole Proprietorship and the website www.moveahorse.com and its Application and any other features. I acknowledge and agree fully to be governed by its agreement as follows:
Shipper. A person or company that arranges to have goods shipped on their own behalf by any type of conveyance. The shipper might be the consignee (recipient of the shipment) or the consignor (sender of the shipment), or a 3rd party that is neither. On www.moveahorse.com shippers may be referred to as the “Shipping Customer” or “Customer”.
Transportation Service Provider (TSP). Any party, person, agent or carrier that provides freight (or passenger) transportation and related services to a shipper or agency. For the transportation of goods, this includes carriers, brokers, freight forwarder, and third party logistics providers.
Carrier. A person or company who provides transportation of animals for compensation.
2. www.moveahorse.com is a Neutral Venue and Digital Membership Entity www.moveahorse.com is not a Transportation Service Provider or Shipper. Our website acts as a venue where shippers and TSPs can interact. www.moveahorse.com is not a party to any shipping agreement made between www.moveahorse.com Users via www.moveahorse.com . Thus, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website. www.moveahorse.com does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration, nor does www.moveahorse.com prequalify or validate the claims of brokers including those related to compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). www.moveahorse.com does not endorse, recommend or refer any specific TSP or shipper, nor does www.moveahorse.com have any control or influence over actions or decisions made by users of the service. All users of the www.moveahorse.com make their own decisions and You acknowledge and agree that we are not in any way arranging transportation services on your behalf. We are not involved in the actual transaction between shippers and TSPs, we have no control over the accuracy of listings, the ability of TSPs to transport animals, or the ability of shippers to send animals. We cannot ensure the shipper or TSP will complete a shipment. We cannot and do not guarantee the ability of Users to complete or fulfill any services booked through the www.moveahorse.com. Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any member’s identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our Users. You acknowledge and agree that all communications, correspondence, verbal or written or by electronic means, or any warranties or representations, made regarding the arrangement of transportation services are not provided by us and are specifically and solely between You and the other member.
3. Users. By using this website, You acknowledge that You are at least 18 years of age. Minors may only use our Services in conjunction with their parents or guardians. If You are registering as a business entity, you represent that You have the authority to bind the entity to this agreement. Users who engage in the transportation of goods must have a valid license to operate the vehicle they intend to use. You agree that the www.moveahorse.com Services are for animal transportation services only and that work that You provide will only involve transportation services.
4. Shippers. You are responsible for reading all terms, conditions and tariffs published by TSPs, and when booking directly with them in private treaty. Attention: www.moveahorse.com does not screen or qualify TSPs for compliance with federal, state or local laws and regulations, including but not limited to broker compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21). It is recommended that You confirm such compliance directly with the TSP before services are rendered by the TSP.
5. Transportation Service Providers. You must legally be able to transport the shipments You book through www.moveahorse.com. You agree that it is your sole obligation to comply with all laws, rules, statutes and regulations that may apply including all local, state and federal licensing requirements TSPs agree that that they are solely responsible for all aspects of services, pricing and terms they offer the shipper. Rates, services and terms are solely provided by the TSPs directly to the shippers and not by www.moveahorse.com. You understand and acknowledge that all shipment information is provided by other registered users and www.moveahorse.com has no control over or responsibility for the accuracy of this information. You are responsible for reading all the shipment details and by booking shipments exchanged between both parties.
6. Carrier Cargo Claims and Carrier Limitations of Liability. As a neutral venue, www.moveahorse.com does not set terms specific to carrier cargo liability. All cargo claims should be submitted immediately by the shipper to the selected TSP to help ensure timely resolution, and www.moveahorse.com shall have no liability or responsibility for same.
7. Information You Submit. You solely are responsible for any information You provide to us or other users in the registration, shipping, transportation process, or any other use of our Services. Your personal information and any shipment listings must be true, legal, accurate, and non-fraudulent. You authorize www.moveahorse.com to use the information You supply to us about our Services and in accordance with this Agreement. You acknowledge and agree that our Services act as a passive conduit for all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information.
8. Dispute Resolution. Disputes between You and www.moveahorse.com regarding our Services should be reported to Member Support. We will attempt to resolve any disputes You have with us. Because we are a neutral venue, we are not responsible for resolving any disputes between You and Users regarding services. If You report a dispute to www.moveahorse.com, we will make reasonable efforts to help both parties communicate; however, all disputes must be resolved directly between You and the other party. Therefore, if we are contacted by a member who claims to have a dispute with You regarding transactions completed on www.moveahorse.com and they request your contact information (including but not limited to any of your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release your provided contact information to the www.moveahorse.com member and You agree to release us from any and all liability associated therewith. We encourage You to report all member-to-member disputes to law enforcement officials, or a certified mediation or arbitration entity. When appropriate, we also encourage you to report disputes involving fraud, theft, or other criminal activity to the appropriate law enforcement agencies.
9. No Agency. You hereby agree and acknowledge that your execution of this Agreement, your provision of services and/or your use of the www.moveahorse.com Services, does not confer or imply any contractor (independent or otherwise), agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship with us and furthermore that no affiliation, association or connection exists between You and www.moveahorse.com.
10. Release. Should you have a dispute with one or more www.moveahorse.com users, You release www.moveahorse.com, Inc., its officers, agents, and employees from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
11. Confidentiality/Non-Disclosure. As a result of the performance of this Agreement and whether due to any intentional or negligent act or omission, we may disclose to You or You may otherwise learn of or discover, our documents, business practices, object code, source code, management styles, day-to-day business operations, capabilities, systems, current and future strategies, marketing information, financial information, software, technologies, processes, procedures, methods and applications, or other aspects of our business ("Our Information"). You hereby agree and acknowledge that any and all of our information is confidential and shall be our sole and exclusive intellectual property and proprietary information. You agree to use Our Information only for the specific purposes as allowed by the performance of this Agreement. Any disclosure of Our Information to a third party specifically including a direct competitor is strictly prohibited and will be vigorously challenged in a court of law. All obligations contained herein shall survive the termination of this Agreement. Furthermore, You acknowledge that our information is proprietary, confidential and extremely valuable to us, and that we would be materially damaged by your disclosure of Our Information. You acknowledge and agree that monetary damages provide an insufficient remedy for the breach of this confidentiality obligation, and that we shall be entitled to injunctive relief.
12. Taxes. You are solely responsible for any and all taxes, levies, charges and fees incurred or that may be payable to any taxing authority in connection with the transactions hereunder, other than any income tax incurred by www.moveahorse.com. All fees stated for use our Services are net of any applicable taxes.
13. Indemnity. You agree to indemnify and hold www.moveahorse.com and our 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 negligence, breach of this Agreement, or violation of any law or the rights of a third party.
14. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Www.moveahorse.com Service and your listing, shipping, transporting, and solicitation of offers to ship and transport items.
15. Arbitration. Any legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by www.moveahorse.com to collect our fees and/or recover damages for, or obtain an injunction relating to, the www.moveahorse.com operations, intellectual property, and our Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Tampa, Florida, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
16. Governing Law. THIS AGREEMENT AND YOUR USE OF THE SERVICES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS.
17. Security. www.moveahorse.com uses industry standard practices to safeguard your personal information, including firewalls and Secure Socket Layers (SSL). We utilize several different security techniques to protect data from unauthorized access, but we cannot guarantee the security of our system.
18. Other Terms and Conditions. You acknowledge and agree that we have the sole discretion to set forth and post additional terms and conditions for your use of the www.moveahorse.com Services. You agree that those additional terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein.