eNeigh User Agreement

Introduction

Welcome to eNeigh.com. By using any service on the eNeigh websites, affiliate programs, subpage sponsorships and/or other eNeigh owned or sponsored websites, including eNeigh.com and other related websites where this agreement appears, collectively termed the “Sites”, you are agreeing to the following terms, with eNeigh.com Inc. and the general principles for the websites of our subsidiaries and all international affiliates.

Before you may become a member of eNeigh, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read any linked information. By accepting this User Agreement, you also agree that your use of some eNeigh-branded websites, partnerships or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always whichever agreement is found linked at the bottom of that page.

This Agreement is effective on December 1, 2007.

About eNeigh:

eNeigh.com is a full-featured horse website and encompasses more than just static photo classified advertising. eNeigh offers fully automated searchable databases with listings that include both still photo and video clip ads. Tack and Trailer ads work by the same in-depth method, offering a wide variety of search parameters, both quick and advanced search operations.

But eNeigh is far more than a classifieds equine website. eNeigh is also the first fully automated Horse auction house with timed auctioning and all the features of an online trading house but with all the search, listing and help functions of a static ad. This highly interactive process will allow you to sell your horse faster and in many cases for a higher amount as bidders drive the price up. You can set a reserve minimum price you want to bring or disallow the sale.

In addition eNeigh offers live webcam trainings and live Q and A with our own trainer and our own veterinarian, we offer great discounts on all equine products and services directly to our customers. eNeigh is a One-Stop-Horse-Resource! Buy. Sell. Learn. Horses!

Prices: eNeigh "Keeps It Simple" and Makes It Effective!

Text Ad listings are FREE of charge. All Classified ads "shelf life" is 90 days, so in your third month you will receive a gentle reminder to refresh your text ad, or to upgrade to a photo ad to gain more attention. Photo and video ads get 800% more viewers than text ads and far more sales. Ads that are not renewed are deleted after 90 days.
Photo and Video Ads are "created equally" in our system. eNeigh's simplified and user-friendly system allows you to upload up to SIX photos AND/OR videos in one of many file types, and they are only $10.00 each for 90 days! Just mix and match to suit your needs. Compare that to the others at $20.00 per photo and all those complicated instructions! You will love how simple our system is and how quickly you can create your ad.
Classified Ad Upgrades: Again, with one checkmark, you can add:
- Ad Bolding: $3.00 Per 90 Days to make your Ad Title stand out.
- Attention Getters: $5.00 Per 90 Days which are colorful little banners with attention-grabbing words to draw readers eyes to your ad!
- Better Placement: $10.00 Per 90 Days which takes your ad and places it at the top of our ads and keeps it there with other Better Placement ads for the duration of you 90 day ad.
- Featured Ad Status: $25.00 Per 90 Days which puts your ad on top of the main page on eNeigh, above New Listings and Hottest Listings in its own box with a second Thumbnail Photo leading directly to your page. Featured Ads are viewed nearly 400% more than all other ads except Storefront and of course you have a hit counter with Featured Ad.
Storefront : Storefront is your own Store on eNeigh! Price: $60.00 per Month on a subscription basis, cancel any time you like! Reminders will be sent when you are close to expiration each month. Give your horse, your entire herd, your farm or ranch, tack, shop, or other shop frontage special placement in the eNeigh Storefront ads! This gives you your own URL to provide to potential customers who can log in directly to your eNeigh Store! With Storefront, you can use eNeigh's categories, or create your own, create beautiful pages, manage those who subscribe to your Storefront, send them newsletters with the touch of a button, and even get traffic reports! Put your horses, farm, ranch, or shop items on Storefront and eNeigh will give you the benefit of our huge exposure to the internet with our extraordinary advertising on the web and in major horse journals and magazines. And you can use your Storefront URL for your own advertising as well! It's a bargain!
Business Ads: Must be ancillary to the Horse Industry (example: horse insurance, horse transportation), but this is not the section for breeders, farms and ranches. Includes one banner and link to your website, plus description of your business and is not only on our special Horse Industry Business page which has a link on all eNeigh pages. $25.00 Per Month. Contact eNeigh for placement on our Horse Related Business page.
eNeigh Bid Auctions: Please see the eNeigh Bid Auction page for auction schedule of fees. eNeigh has the lowest auction fees online today!

About eNeigh Bid Auctions:

eNeigh Bid Auctions do not allow for free text ads. For free text ads, choose “Classified” as your ad choice.

Ad Bolding $3.00/90 Days

Featured Ads $25.00/90 Days

Better Placement $10.00/90 Days

Attention Getters $5.00/90 Days

There is a “One Photo or Video minimum” with eNeigh Auctions.

Our auctions are priced at $10.00 Per Photo and/or Video, six total uploads just like Classifieds.

NO Auction Items Below $10.00 in value!

Incremental FINAL FEE Scale: (Assessed at closing of Sale)

$10.00 up to and including $100.00 = 5% Final Fee

$100.01 up to and including $999.99 = 4% Final Fee

$1000.00 up to and including $2499.99 = 3% Final Fee

$2500.00 up to and including $9999.99 = 2% Final Fee

$10000.00 up to and including $19999.99 = 1.5% Final Fee

$20000.00 and over = 1% Final Fee

All Auctions are set to Official eNeigh Time. All Auctions will operate on Official eNeigh Time.

Members are allowed to set their own Auction Durations.

Members are allowed to “vote”, on listings, once per visitor, per listing.

Members have a “feedback” system, 1 thru 10, with 1 the lowest rating, and 10 the highest.

Members are allowed renewals, any duration, which will reset your price and charge for the price before the ad will renew.

Auction upgrades are allowed before the auction begins.

eNeigh conducts ‘standard” auctions, not “Dutch” auctions. That is, one item is sold per auction. Or, you may sell several items for ONE price, but you may not list multiple items for multiple prices in the same auction.

Members may blacklist certain buyers.

Members may invite certain buyers.

Members may choose the “Buy Now” price as a choice.

Members may edit a live auction before it begins.

eNeigh allows previewing of auction ads before they begin.

We Do NOT extend auctions by Sniper bidding.

Members may remove auctions prior to their beginning.

eNeigh allows for full size pop up windows for photos

Sellers may designate shipping costs.

eNeigh collects Final Fees at the end of each current auction.

INCREMENTAL BID SETTINGS:

Item under $500 in value, bidder must bid minimum of $1.00 up

Item between $501. in value up to $5,000 in value, bidder must bid minimum of $5.00 up

Item between $5,001 and $10,000 in value, bidder must bid minimum of $10.00 up

Item over $10,001 in value, bidder must bid minimum of $20.00 up

While using the Sites, you will not:

post content or items in an inappropriate category or areas on the Sites;
violate any laws, third party rights, or violate our “Three Strikes Rule.” You may not use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
collect information about users, including email addresses, without their consent.
fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
manipulate the price of any item or interfere with other user's listings;
circumvent or manipulate our fee structure, the billing process, or fees owed to eNeigh;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Sites or for using it for purposes unrelated to eNeigh);
transfer your eNeigh account and User ID to another party without our consent;
distribute or post spam, chain letters, ponzi, or pyramid schemes;
distribute viruses or any other technologies that may harm eNeigh, or the interests or property of eNeigh users;
copy, modify, or distribute content from the Sites and eNeigh's copyrights and trademarks.

Abuse of eNeigh and/or Complaints Regarding Client Activities:

eNeigh works diligently to keep the Sites working properly and the client base of eNeigh safe. Please report problems, offensive content, and policy violations to us on the Report Abuse/Complaints link.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.

We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time. eNeigh will also send email announcments before your ad is about to discontinue, asking you to renew, refresh, or upgrade. If there is no response, and the ad is not renewed, we reserve the right to delete your ad to make room for new ads and keep our ads fresh. Please make sure to add info @ eNeigh.com to your email accounts of accepted emails.

Three Strikes Rule:

eNeigh adheres judiciously to its “Three Strikes Rule", that is, any person or entity that receives three complaints of illegal, immoral, or unethical conduct from three separate, unsolicited sources which, after eNeigh investigations prove to be true, may have it/their eNeigh membership revoked, or temporarily terminated. eNeigh shall be held harmless from all independent activities between buyers and sellers. The “Buyer Beware” theory applies at all times, do your own due diligence on any animal or equipment that you may wish to purchase or bid upon. WE HIGHLY RECOMMEND THAT YOU REQUIRE A VET CHECK BEFORE PURCHASING ANY HORSE AND THAT YOU HAVE ANY AGREEMENTS IN WRITING AND SIGNED BY BOTH PARTIES, so that all conditions of the sale are in clear and concise language. Good contracts make for good business and happy sales!

Fees and Services for eNeigh Bid Auctions:

Joining eNeigh and bidding on listed items is free. We do charge fees for using other services, such as listing items in our “Sealed Bid Auctions.” When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on fees, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Sites. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Sites.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.)

Content License:

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future.

Liability:

You will not hold eNeigh responsible for other users' actions or inactions, including content they post. You acknowledge that we are not a traditional auctioneer nor a traditional “classifieds” section. Instead, the Sites are a venue to allow anyone to offer, sell, and buy LIVE horses and ponies, used and new tack, supplies, trailers, books, video’s, CD’s, DVD’s, and other equipment at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the health or condition, or even the existence of any animal sold, quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of the State of Montana or the State of Delaware Commercial Codes, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Montana and Delaware Commercial Codes.

Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

eNeigh.com does not have any method to insure that you take receipt of your goods, services, programs or your horse from any third party. We recommend that you do your due diligence, and that you place insurance and tracking on all purchases made on TackNTrailer, on eNeigh Sealed Bid Auctions and that you also place insurance on any horses purchased at least until you receive them on your own property. And we also HIGHLY recommend that you get a veterinary check on any horse before purchase!

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release of eNeigh liability:

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Electronic Interference:

The Sites contains robot exclusion headers. Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to eNeigh by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission.

Additionally, you agree that you will not:

take any action that imposes or may impose (in our sole discretion) a disproportionately large load on our infrastructure;
copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Sites without the prior expressed written permission of eNeigh and the appropriate third party, as applicable;
interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

Privacy:

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the eNeigh Privacy Policy. We view protection of users' privacy as a very important “eNeigh Community” principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the eNeigh Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity:

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures 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, or your violation of any law or the rights of a third party.

No Agency:

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices:

Except as explicitly stated otherwise, legal notices shall be served on eNeigh’s national registered agent (in the case of eNeigh) or to the email address you provide to eNeigh during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Dispute Resolution:

If a dispute arises between you and eNeigh, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and eNeigh agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the FAQ and Support page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Law and Forum for Disputes: This Agreement shall be governed in all respects by the laws of the State of Delaware, or at eNeigh’s discretion, the laws of the State of Montana. You agree that any claim or dispute you may have against eNeigh must be resolved by a court located in Delaware or Montana, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the State of Delaware or the State of Montana, for the purpose of litigating all such claims or disputes.
Arbitration Option: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims: All claims you bring against eNeigh must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, eNeigh may recover attorneys' fees and costs up to $1000, provided that eNeigh has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

General:

We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the eNeigh Message Page. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, Indemnity and Resolution of Disputes.