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TERM OF USE
This website is provided by Stallion Wire, LLC, a Kentucky limited liability company (“Stallion Wire”). Please read these Terms of Use (the "Terms") carefully before using the website. By accessing or using the website (other than to read these Terms for the first time) or by registering or renewing an account on this website, you agree to enter into this agreement with Stallion Wire and be bound by these Terms. If you do not agree to be bound by these Terms, do not access or use the website and do not register an account on this website. These Terms incorporate all other rules and policies posted on our website. If there is a conflict between the Terms of Use and any of the rules or policies found elsewhere on the website, the Terms of Use will control.

User Eligibility and Registration of Account:
To register an account on this website, you must be at least 18 years old. You must also be able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms. Each user may have only one account. You affirm that you do not have an account that has been previously suspended or removed and do not have more than one account. Each user may permit one or more sub-users to access portions of the account through an established sub-user account. Each user agrees to be wholly responsible for ensuring that each sub-user complies with all provisions of these Terms, including compliance with all other laws, regulations, and rules that apply to the website and its use. Each user agrees to be wholly liable for any and all actions of each of their sub-users or anyone accessing the website through a sub-user account as though the actions of the sub-user or person accessing the website through a sub-user account were taken directly by the user.
You acknowledge that your right to access and use our website and register an account on our website is unique or specific to you and is not transferable by assignment, license, or any other method to any other person or entity.
We may, in our sole discretion, refuse to offer the use and access of our website to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the website or your account, or any portion thereof, and block or prevent your future access to and use of the website or any portion thereof.

Fees and Costs for Stallion Manager:
Registration of an account to use the website is free. Because the primary use of this commercial website is to initiate successful breeding activities of horses, a commission of 5% of the purchase price shall be paid to Stallion Wire by the Stallion Manager upon the purchase of a session and meeting the birth terms as selected by the Stallion Manager on the website (e.g. “Live Foal”, “Live Foal Stands and Nurses” or “No Guaranty”). The Stallion Manager is obligated to pay Stallion Wire once the birth terms are met or if “No Guaranty” is selected, then upon the purchase of a session. Payment must be made within thirty (30) calendar days. If you do not make payment within this required time, you will be billed a late payment charge of 1.5% of the balance past due or the highest amount permitted by applicable law, whichever is lower.
If you have used the website to initiate breeding activities and circumvented your obligation to pay in any way, then notwithstanding what the birth term is, you will pay a commission of 5% of the actual purchase price you received from the Broodmare Manager to Stallion Wire immediately.
Bonus Program for Broodmare Managers
Each breeding season, Broodmare Managers who book through the website will be eligible for bonuses based on the following schedule.
• 5 to 10 sessions purchased – 1.0% of the value of those purchases
• 11 or more sessions purchased - 2.0% of the value of those purchases
For the purposes of this program, each breeding season commences on February 1 and ends on July 31 of each calendar year. Bonuses are payable only on approved purchases after all the following conditions are met: (1) all contract terms are met; (2) after the foaling season is over, regardless of which birth terms (e.g., “Live Foal Stands and Nurses” or “No Guaranty”) were chosen for the sessions; (3) Stallion Wire has received payment in full from the Stallion Manager(s) for each session purchased. The foaling season will be considered to be over on the date that is one year from the date of the session booked.
This bonus program is administered in the sole and absolute discretion of Stallion Wire and may be modified, suspended or terminated at any time though the modification of these Terms or through any other notice given by Stallion Wire. Any modifications, suspensions or termination of the bonus program will take effect immediately but will not retroactively apply to eligible situations that have met all applicable conditions for payment at one of the levels listed above prior to any such changes taking effect. It is your duty to check these Terms and any notices sent out by Stallion Wire or posted on the website.
Listing Conditions
When listing information on a horse(s), you agree that you are responsible for the accuracy and content of the listed item and will provide only accurate and truthful information to the best of your knowledge. You represent and warrant that you have taken reasonable efforts to verify this information.

Duties of the User:
In addition to any other restrictions outlined in these Terms, in connection with accessing, using or registering on our website, you will not:
• Provide inaccurate, incomplete or outdated names, email address and contact information;
• Use the website for any purpose that is illegal, beyond the scope of its intended use, or otherwise prohibited by these Terms;
• Use the website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the services and functions of the website, or that could damage, disable, overburden, or impair the functioning of the website in any manner;
• Compromise the security of the website and its users;
• Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
• Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the website or to extract data;
• Reverse engineer any aspect of the website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the website;
• Use or attempt to use another user's account without authorization;
• Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the website or Stallion Wire’s servers that you are not authorized to access;
• Attempt to indicate in any manner that you have a relationship with us other than as a user of the website or that we have endorsed you or any products or services without our express written consent to do so;
• Engage in any harassing, intimidating, predatory, or stalking conduct;
• Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
• Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual's consent;
• Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
• Develop any third-party applications that interact with any content on our website without our prior written consent; and
• Use the website for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates the Terms.

User Content:
For any photos, text, graphics, items, or other materials that you upload onto our website (collectively “User Content”), you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed. You represent and warrant that, for all such User Content you provide, you own or otherwise control all necessary rights to meet your obligations under this Agreement. You represent and warrant that use of any such User Content (including derivative works) by us, our users, or others in contract with us, and in compliance with the Terms, does not and will not infringe any intellectual property rights of any third party.
Stallion Wire has discretion to delete any content that you have uploaded on our website notwithstanding whether such content constitutes a violation of the Terms or not.

Stallion Wire Content:
For materials contained on or within the website, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials, as well as their selection and arrangement, that are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws (collectively “Stallion Wire Content”), except as expressly provided in these Terms, Stallion Wire does not grant any express or implied rights to use Stallion Wire Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Stallion Wire Content, except as expressly stated in the Terms.
You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use Stallion Wire Content. This license is revocable at any time. This license is subject to the Terms and does not include:
• The distribution, public performance, or public display of Stallion Wire Content;
• Modifying or otherwise making any derivative uses of the Services or Stallion Wire Content, or any portion thereof;
• Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
• Downloading (other than page caching) any portion of the Stallion Wire Content, or any information contained therein, except as expressly permitted;
• Any use of Stallion Wire Content other than for their intended purposes.
Any use of Stallion Wire Content other than as specifically authorized in these Terms, without the prior written permission of Stallion Wire, is strictly prohibited and will terminate the license to use Stallion Wire Content granted in these Terms.
You acknowledge and agree that Stallion Wire may preserve User Content and your personal information and may also disclose User Content and your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content or your personal information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Stallion Wire, its users, and the public.

Intellectual Property Infringement:
Stallion Wire respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, we strive to expeditiously remove any infringing material from our site. If you believe that anything on our website infringes any copyright that you own or control, you may file a written notice of such infringement to us at:

Stallion Wire, LLC
710 E. Main Street
Lexington, KY 40502
+1.859.982.3800
copyright@pickupmount.com

Your notice must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit Stallion Wire to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Links or Publishing to Third Party Sites:
Our website may contain hyperlinks or publish pedigrees and information to other websites operated by parties other than Stallion Wire, and other resources and advertisers. Such hyperlinks, pedigrees, and information are provided for your reference only. Stallion Wire is not responsible for the availability of these external sites, nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. Stallion Wire’s inclusion of hyperlinks to or information on such websites does not imply any endorsement of the material on such websites or any association with their operators. Under no circumstances shall Stallion Wire be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

Modification to the Terms:
Stallion Wire may amend the terms at any time by posting the amended Terms on our website. It is your responsibility to check the Terms for any amendments made.

Disclaimer of Warranties and Limitation of Liability:
A. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER STALLION WIRE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
B. THE WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGE OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
D. IN NO EVENT WILL STALLION WIRE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ANY OF THE WEBSITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR WAGERING LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION APPLY TO ALL CONTENT ON THE WEBSITE.
E. STALLION WIRE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY LINEAGE INFORMATION, RACE RECORDS, AWARDS, OPINION, ADVICE, STATEMENT OR ANY OTHER INFORMATION DISPLAYED ON THE WEBSITES. UNDER NO CIRCUMSTANCES WILL STALLION WIRE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE.
F. YOU SPECIFICALLY ACKNOWLEDGE THAT IN NO EVENT WILL STALLION WIRE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY SUCH USER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE OR WEBSITES.
G. YOU AGREE THAT THE LIABILITY OF STALLION WIRE, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE WEBSITES OR THE INFORMATION IN THE WEBSITES SHALL NOT EXCEED THE AMOUNT YOU PAID TO STALLION WIRE, FOR USE OF THE WEBSITE.
H. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification:
You agree to indemnify, defend, and hold Stallion Wire (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to (a) access to or use of our website; (b) posting, uploading. use, distribution, storage, or other transmission through the website of any User Content; (c) violation of the Terms; (d) violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities; by you or anyone acting on your behalf or for your benefit, including anyone accessing the website through your user account or a sub-user account.

Miscellaneous:
1. Waiver
Any failure or delay by Stallion Wire to act with respect to enforcing an obligation or exercising a right or remedy related to a breach or violation of the Terms by you does not constitutes a waiver by Stallion Wire of the same or similar obligation, right or remedy in subsequent or similar breach or violation of the Terms by you.
2. International Users
The website is hosted in the United States. If you are a user accessing the website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the website, which is governed by U.S. law, you are transferring your personal information and User Content to the United States and you consent to that transfer.
3. Governing Law and Forum
Any dispute between you and Stallion Wire will be governed by these Terms and the laws of the State of Kentucky and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction. Any lawsuit between you and Stallion Wire will occur in a state or federal court in the State of Kentucky.
4. Severability
If any provision of the Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
5. Complete Agreement
The Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Stallion Wire.















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