General User Agreement | Terms & Conditions (2024)

TBX, LLC - The Thoroughbred Exchange

TBX™ - The Thoroughbred Exchange User Agreement (hereinafter referred to as "TBX")

Introduction

Welcome to TBX™ - The Thoroughbred Exchange, a marketplace platform dedicated to elevating the equestrian market. This User Agreement governs your use of the TBX application, including its horse auction portion and horse marketplace. By accessing or using TBX, you agree to comply with and be bound by the terms and conditions outlined herein. TBX is designed to revolutionize the equestrian market by providing unparalleled insights and information to buyers, cosigners, sellers, and bloodstock agents during all horse auctions in the continental United States. Our platform also serves as a dynamic marketplace where a diverse range of participants, including business owners, stud farms, riders, cosigners, transport companies, veterinarians, equine photographers, as well as individuals seeking talent and job opportunities within the equestrian industry, can connect, collaborate, and transact.

In the context of this User Agreement, a "user" refers to any individual or entity who accesses or uses the TBX™ - The Thoroughbred Exchange platform, including its horse auction portion and horse marketplace. This includes, but is not limited to, buyers, sellers, cosigners, bloodstock agents, business owners, stud farms, riders, transport companies, veterinarians, equine photographers, talent seekers, job seekers, and any other participants engaging with TBX for the purpose of conducting equestrian-related transactions, networking, or accessing information and resources within the equestrian industry

1. Acceptance of Terms

By accessing or using TBX, you agree to be bound by this User Agreement and all applicable laws and regulations. If you do not agree with any part of these terms, you must not use TBX.

2. User Eligibility

You must be at least 18 years old and legally capable to enter into contracts to use TBX. By accessing or using TBX, you represent and warrant that you meet these eligibility requirements.

3. Use of TBX

You agree to use TBX only for lawful purposes and in accordance with this User Agreement. You shall not use TBX in any manner that could damage, disable, overburden, or impair TBX or interfere with any other party’s use of TBX.

4. Account Registration

To access certain features of TBX, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

5. Content and Conduct

You are solely responsible for any content you post or transmit through TBX. You agree not to post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

6. Intellectual Property

All content included on TBX, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TBX or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7. Third-party Links

TBX may contain links to third-party websites or resources. You acknowledge and agree that TBX is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by TBX of such websites or resources or the content, products, or services available from such websites or resources.

8. Disclaimer of Warranties

TBX is provided "as is" and &auot;as available" without any warranties of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, TBX disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement

9. Limitation of Liability

In no event shall TBX or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use TBX; (ii) any conduct or content of any third party on TBX; (iii) any content obtained from TBX; or (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not TBX has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

10. Indemnification

You agree to indemnify, defend, and hold harmless TBX and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that arise from or relate to your use or misuse of TBX, violation of this User Agreement, or violation of any rights of a third party.

11. Governing Law

This User Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule

12. DMCA Compliance

TBX respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), TBX will promptly respond to notices of alleged copyright infringement and take appropriate action, including the removal of infringing content, where necessary. Please email us at info@TBX.Horse for any reporting or removal request.

13. Content Media Upload Indemnification

You acknowledge and agree that you are solely responsible for any content you upload, post, or transmit through TBX. By uploading content, you indemnify and hold TBX harmless from any claims, liabilities, damages, losses, costs, or expenses arising from or relating to the content you upload, including but not limited to any claims of copyright infringement or violation of intellectual property rights.

14. Dispute Resolution

Any dispute arising out of or relating to this User Agreement or your use of TBX shall be resolved exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of such courts.

15. Severability

If any provision of this User Agreement is held to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or un-enforceability shall not affect the validity, legality, or enforceability of the remaining provisions of this User Agreement.

16. Changes to User Agreement

TBX reserves the right to modify or revise this User Agreement at any time. Your continued use of TBX following the posting of any changes to this User Agreement constitutes acceptance of those changes.

17. Contact Information

If you have any questions about this User Agreement, please contact us via email at info@TBX.Horse.

Any questions or concerns please contact us directly at: info@TBX.horse

By accessing or using TBX, you acknowledge that you have read, understood, and agree to be bound by this User Agreement.

TBX™ 2024 All Rights Reserved | TBX, LLC | The Thoroughbred Exchange™