Terms & Conditions

The following provides all the legal terms and conditions (“Terms”) on which access to OTTB United (“the Mobile App”, or (“OTTB”), available in the Apple iOS App Store and Google Play Store is provided to you.  A Leg Up, is a Michigan Limited Liability Company (“LLC”), doing business as (“DBA”) OTTB United. For the purpose of these Terms, reference to the Company and its Services is made as “OTTB”, unless otherwise specified.

Please read these terms carefully, and make sure that you understand them before utilizing the services offered by OTTB. By clicking “I agree to the Terms & Conditions” on the Mobile App sign-up, and engaging in use of the website or mobile application, services, features (collectively, “the Services, or “OTTB’s Services”), you (“User” or “you”) consent and agree to be bound by these Terms.

These Terms and all provisions herein are applicable to every User, and OTTB encourages each User to read them carefully prior to purchasing or accessing any features or services in the application.   Failure to agree to the Terms will result in denial of access to OTTB’s Services.

OTTB expressly reserves the right to amend these Terms at any time with or without prior notice to Users. OTTB recommends that Users regularly review these Terms prior to accessing and using OTTB’s Services to ensure awareness of the most current Terms applicable at the time of use. Each use of OTTB’s Services and login to the mobile application operates as a consent to the Terms currently in place at the time the Services are accessed.

To accept these Terms, you must be of legal age to form a binding contract, or obtain the consent of a parent or guardian to use the Services. In the case of use of OTTB’s Services by a minor, a parent or guardian must agree to these Terms on the minor’s behalf.  All Users must be age 13 or older. In accordance with the Children’s Online Protection Act, OTTB does not knowingly collect or solicit personally identifiable information from children under the age of 13; if you are a child under 13, please do not attempt to register for the Service or send any personal information about yourself to OTTB. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided OTTB with personal information, please contact us at OTTBUnited@gmail.com.

If agreeing to these Terms on behalf of an organization, User further represents and warrants to OTTB that he/she has the authority to agree to these Terms on that organization or entity’s behalf. User’s agreement is binding upon any business on whose behalf he/she uses the mobile application, or otherwise accesses the Services. User hereby certifies that he/she is legally permitted to use the Services, and that he/she takes full responsibility for the selection, access and use of the Services.  User agrees to indemnify OTTB for any action or claim brought by an organization User purports to represent or on whose behalf User accesses OTTB’s services.

These Terms are void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions.  In case any provision in these Terms shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

 

About OTTB United

The OTTB United mobile application is available for download in the Apple iOS App Store and on Google Play and is operated by A Leg Up, a Michigan LLC, with its principal place of business located at 67500 Hartway Rd, Ray, MI 48096.

Contact us at OTTBUnited@gmail.com or (248) 907-0750 with regards to the mobile application.

Features & Services

The OTTB United mobile application gives the User the opportunity to upload horses for sale; view and inquire horses listed for sale by other users; upload and access professional hauling and seller listings and information; and communicate with said haulers and sellers through direct messaging. Users can also receive push notifications from sellers the user chooses to follow.

All users will be required to sign up for an account, by creating a unique Username and password.

Promotional Offers: OTTB may, on occasion, run promotions for subscribers including specific offers or discount opportunities on our mobile application. Each Promotional offer may be subject to its own Terms & Conditions, in addition to these Terms. Promotional offers are valid only for the limited period of time defined in the marketing communication and can only be used against full-priced items unless otherwise stated. All orders using Promotional Codes are subject to our acceptance and any improper use of Promotional Codes may result in the cancellation of your order. Proof of entitlement to use a Promotional Code may be requested, where applicable.

Competitions or Give Aways: OTTB may, on occasion, run competitions for Users. Any competitions are subject to the specified terms of the applicable competition entry, rules and prize or prizes for each competition. By entering into a competition or give away, you agree that it is OTTB’s exclusive right to determine the winner and such decision is final and not subject to appeal. Each User may enter any competition only once, entrants must be over 16 years of age (proof may be required) and a resident of the United States. Providing incorrect information will disqualify User from participating in any competition and deem the User ineligible for any prizes. The terms and conditions for any competition may be changed or the competition may be cancelled at the sole discretion of OTTB, at any stage.

OTTB Competition entrants and/or winners may be asked to take part in publicity related to the competition and/or prize including the use of entrant’s name, photograph, and/or comments related to the competition; by accepting a prize you agree that you will take part in such activities if requested to do so. Any entrant information used for marketing purposes will be used in accordance with our Privacy Policy. [add link]

Any prize or award offered by OTTB may be subject to its own Terms and Conditions as defined by the competition terms. By entering into any competition, Users accept the applicable terms and conditions and agree to be bound by them. Entries into a competition that are incomplete or lost, or that OTTB cannot reasonably decipher, are considered invalid and will not participate in the competition. Users entering into a competition held by OTTB understand and agree that OTTB does not warrant that any prize or award will be free from disruptions, failures, and/or errors. Users agree to hold OTTB harmless for any act or omission of the prize manufacturer or distributor. Under no circumstance will OTTB be responsible or hold any liability for any injury, loss, or damage occurring as a result of a prize received through an OTTB competition, or to compensate a prize winner.

User Acknowledgments

User access to OTTB’s Services and mobile app is subject to User’s compliance with these Terms. OTTB reserves the right to withdraw or amend the Services on our platform(s) at any time and without notice to users.

User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, mobile phones, modems, hardware, software, data plans, and long distance or local telephone and internet service. User shall be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

OTTB will use reasonable efforts to ensure that Services are available 24 hours a day, 7 days a week. However, by agreeing to these Terms User acknowledges that services are delivered via the internet and that the internet is unreliable User understands and agrees that OTTB cannot be held liable for unavailability of its Services at any time, or for any period of time.  In such case User is not entitled to a refund of any payment already made.  User agrees that OTTB will not be liable in any event to User or to any third party for any suspension, modification, discontinuance or lack of availability of the Services. From time to time access to OTTB United may be restricted in whole or in part, with or without notice to User.

OTTB’s Services are available to Users in the United States and Canada. OTTB does not warrant or represent that content available on or through the mobile application is appropriate or available in any jurisdiction outside of the United States. Availability of the mobile app and the respective Services may be limited to any person or geographic area at any time. Users accessing the mobile app from outside the United States do so at their own risk and agree to indemnify OTTB for any liability, claim or loss caused as a result of such access and use outside of the United States.

By using the Services User agrees not to cause, or knowingly allow others to cause, any inconvenience, annoyance or nuisance to other Users of OTTB’s Services or OTTB itself, including but not limited to bullying, harassment, and sending unsolicited communications. User agrees to not mirror or frame any material from the website or mobile app.

User agrees to not knowingly introduce to OTTB or to other Users any viruses, trojans, worms, logic bombs or other material which is any way malicious or technologically harmful. User agrees not to attempt to gain unauthorized access to the website or mobile app; the server on which OTTB’s data is stored; nor any server, computer or database connected to the website and mobile app. User agrees not to burden the website or mobile app by means of a denial-of-service attack, distributed denial-of-service attack, or any like method of disruption of service. User understands that doing so will mean immediate termination of access to the site and app, and will be reported to relevant law enforcement authorities, including disclosure the User’s identity within applicable legal limitations.  User agrees to indemnify OTTB for any legal liability, claim or loss resulting in User’s failure to abide by the provision of the Terms.

 

Information Accuracy

User bears the sole responsibility of ensuring that information provided by User on the website or mobile app is accurate and up to date. Information provided by Users will not be monitored or verified by OTTB. OTTB does not guaranty or warranty any information posted by other Users as to completeness, or accuracy on the mobile app. Each User is responsible for accuracy of their own content.

A User may not select or use a Username that is another person’s name with the intent to impersonate that other person, or a name that is subject to any rights any other without appropriate authorization.  Users may not register or use a name that is intentionally offensive, vulgar or obscene. OTTB reserves the right to refuse registration of, or to cancel a username in its discretion, without explanation. A User may not use another User’s account or any other person’s registration information for the Services.

OTTB cannot control and has no duty to take any action regarding how a User may interpret and use the information or Content, or what actions you may take as a result of having been exposed to the information or Content within the mobile application., By accepting these Terms you release OTTB from all liability, claim or loss, for information acquired through the Service. OTTB cannot guarantee the identity of any users with whom you interact in using the Services and we are not responsible for which users gain access to the Services.

Use of Personal Information

Personal information is provided by the User voluntarily and only used in accordance with our Privacy Policy. [add link] By agreeing to the Terms, user acknowledges and consents to OTTB’s Privacy Policy.

Confidential Information

Non-personal information, material or content, except for financial information is NOT confidential and providing such information, material or content signifies the unrestricted, irrevocable license or permission to use, reproduce, display, perform, modify, transmit and distribute such content. User also agrees that OTTB reserves the right to use any ideas, concepts, know-how or techniques User submits to OTTB’s Services for any purpose.

User Account & Use of Services

User must treat his/her account details, including username and password, as confidential and not disclose them to any third party, so that no third party may access the website and/or application with another User’s information.

User is responsible for any and all activity that occurs under their account. OTTB shall not be liable to User or to any third party for any loss or damage which may arise from any failure to keep account information and password confidential.

User may only use the website and mobile application for lawful purposes; any violations or attempts to violate the security of our sites, or the use or attempt to use them to obtain products and services that are not properly ordered or fully paid for are prohibited.

Our website and mobile application may contain references or cross references to products or services that are not available in every country.

User’s right to use the Services continues until it is terminated by either party. User may terminate by canceling the subscription to the Services. OTTB may terminate at any time for any reason. User rights terminate automatically and without notice if:

  1. User violates any provision of these Terms, as determined in our sole discretion;
  2. OTTB publicly posts a written notice of termination of Services;
  3. OTTB sends a written notice of termination to User, or;
  4. OTTB ceases providing access to the Service to User.

Responsibility for Content / Third Party Content

The information displayed, performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, user submissions, and so forth (all the foregoing, the “Content”) may be protected by copyright and/or other intellectual property laws. Users must abide by all copyright notices, trademark rules, information, and restrictions contained in any Content he/she accesses through the Services and may not copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by the user, unless the owner of the Content has given express written permission to do so.

User warrants that they understand that OTTB owns the Services and all related trademarks and copyrights. Users will not reverse engineer, modify, or create derivative works based on the Services.  User shall not combine the Software or any part thereof with, or incorporate the Software or any part thereof in, any other programs; disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Software or any part thereof;

The restrictions apply regardless of whether you may be able to copy or download certain Content.

OTTB respects others’ intellectual property rights and reserves the right to delete or disable Content alleged to be infringing, and to terminate accounts of repeat alleged infringers.

User is responsible for all Content he/she contributes, in any manner, to the Services, and as a user you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. User will keep all his/her registration information accurate and current and is responsible for all of his/her activity in connection with the Services.

User acknowledges that when accessing third-party websites or using third-party services through links or connections available via the Services, that such third-party websites or services are not owned or controlled by OTTB and that he/she does so at his/her own risk. User should take the time to read the terms and conditions and privacy policy of each third-party website or service he/she utilizes or visits.

OTTB has no control over, and assumes no responsibility for, the Content, accuracy, privacy policies, or practices or opinions expressed in third-party websites or applications, or for any third-party user interactions with or through the Services. OTTB will not and cannot monitor, verify, censor or edit the Content of any third-party site or service. By using the Services, user agrees to release and hold OTTB harmless from any and all liability arising from the use of any third-party website or service.

User’s interactions with organizations and/or individuals found on or through OTTB’s Services are solely between the User and such organizations and/or individuals. Such interactions include payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings. Before proceeding with any online or offline transaction with any third-party, User should make an effort to understand the third party’s terms and conditions, etc. User agrees to release and hold OTTB and its officers, employees, agents, contractors, assignees and successors harmless from all claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to  dealings with a third-party through use of OTTB’s Services. If there is a dispute between participants on this site, or between users and any third party, you agree that OTTB is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release OTTB, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”

Intellectual Property

While Users retain all ownership rights in their content, any content uploaded to the website or mobile application is considered non-confidential and non-proprietary. User grants OTTB and other Users of the website and/or mobile application a limited license to use, store and copy that content and to make it available to third-parties. If a User claims that any content posted or uploaded by another User constitutes a violation of their intellectual property rights, or of their right to privacy, we have the right to disclose the identity of the User alleged to be infringing.

OTTB United is a registered trademark of A Leg Up, and neither the name, nor any logo or device incorporating that mark of our website or mobile application may be used without our prior written consent.

Any and all intellectual property rights in the content provided through the Services is OTTB’s property and belongs to the Company. This applies to all intellectual and other rights, including goodwill, whether known now or created in the future.

Restrictions

Services may not be used:

  1. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any OTTB user;
  2. to violate the security of any computer network, crack passwords or security encryption codes, transfer or store material that is deemed threatening or obscene, or engage in any kind of illegal activity;
  3. to run Mail list, Listserv, any form of auto-responder, or spam through the Service;
  4. in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, any hacking, surveillance, interception, or descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories;
  5. in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, contract rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms or with any terms or conditions or obligations relating to any third party website, app, API or the like;
  6. in connection with life support systems, or other mission critical applications where human life or property may be at stake. User understands that the Service is not designed for such purposes and that its failure in such cases could lead to death, personal injury, or severe property or environmental damage for which OTTB is not responsible; or
  7. to sell, lease, share, transfer, repurpose for sale or sublicense the Service without OTTB’s prior, express, written permission.

User Obligations and Warranties

By establishing an account on the website and/or mobile application User warrants and certifies that:

  1. The User’s content complies with all applicable laws and regulations in the jurisdiction from which it is posted;
  2. User owns or is legally entitled to sell anything he or she lists for sale; that it is not counterfeit or stolen; and that User will not knowingly sell any item of livestock that is illegal in the jurisdiction in which the buyer is resident;
  3. User owns or has a license to use any and all images used within his or her listings;
  4. the content is not false, fraudulent, misleading or inaccurate, nor is it defamatory, obscene, offensive, threatening, hateful, abusive or inflammatory or promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or age, or any other protected group;
  5. User’s content is not created in breach of any legal duty owed to a third-party, included, but not limited to, a contractual duty, fiduciary duty or duty of confidence.
  6. User warrants that he or she will not buy or sell any horse on the mobile application that is for the purpose of slaughter; sent to feedlot destined for slaughter, or sent to an auction being sold for slaughter.
  7. User warrants that they will make every effort to properly care any horse purchased through the mobile application and ensure that the horse does not fall into a state of neglect (i.e. maintaining regular hoof care, BCS Score of a 3.5 or greater, routine veterinary treatment).

User acknowledges that OTTBS does not monitor the mobile app to determine User’s adherence to restrictions and obligations and User agrees that OTTB may at its sole discretion take action to remove content Users  upload; issue a formal warning; suspend or terminate your access to the website and mobile application; report inappropriate action to the respective authorities; or take legal action against User, or whatever action OTTB deems appropriate.

You acknowledge and agree that any purchase is at your own risk and that we hold no responsibility for (i) verifying the identity of any users or (ii) the purchase of any animals or services. You agree that, in the event that you have any right, claim or action against any other user based on that user’s use of our website or mobile application, you release OTTB from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action and that you pursue such claim or action independently of and without recourse to us.

Anything Users post, upload, share, store, or otherwise provide through our Services are that User’s submissions, some of which are viewable by other Users. In order to display your User submissions on the website or mobile application, and to allow other Users to access them (where applicable), all Users grant OTTB a license (not ownership) to translate, modify (for technical purposes, for example making sure your content is viewable on a smart phone as well as a computer) and reproduce and otherwise act with respect to such User submissions, in each case to enable us to operate the Services.

Submission Definitions & Information Licenses

  • Personal user submission: If a User stores a User submission in its own personal account, in a manner that is not viewable by any other user , that User grants OTTB the license above, as well as a license to display, perform and distribute said personal User submission for the sole purpose of making that personal User submission accessible to User and providing the Services necessary to do so.
  • Limited audience user submission: If a User shares a User Submission in a manner that only certain specified Users can view (for example, a private message to one or more other Users), then User grants OTTB the licenses above, as well as a license to display, perform, and distribute User’s limited audience user submission for the sole purpose of making that limited audience user submission accessible to such other specified users, and providing the Service necessary to do so. Also, User grants such other specified users a license to access that limited audience user submission, and to use and exercise all rights in it, as permitted by the functionality of the Service.
  • Public user submission: If a User shares a user submission publicly on the website or mobile application and/or in a manner that more than just certain specified users can view, or if User provides OTTB (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Services, then User grants OTTB the licenses above, as well as a license to display, perform, and distribute said public user submission for the purpose of making it accessible to all platform users and providing the Services necessary to do so, as well as all other rights necessary to use and exercise all rights in that public user submission in connection with the Services and/or otherwise in connection with OTTB’s business. Also, User grants all other users of the Service a license to access that public user submission, and to use and exercise all rights in it, as permitted by the functionality of the Service.

Users agree that the licenses Users grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide, provided that when a User discontinues his or her subscription or deletes their account with OTTB, the Service will stop displaying that User’s submissions (other than public user submissions, which may remain fully available) to other users (if applicable), User understands and agrees that it may not be possible to completely delete that content from our records, and that user submissions may remain viewable elsewhere to the extent that they were copied or stored by other Users. Finally, you understand and agree that OTTB, in performing the required technical steps to provide the Service to our Users), may need to make changes to  user submissions to conform and adapt those user submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so.

By accepting these Terms User shall indemnify OTTB in full against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any breach of the Terms. This includes any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses.

User Subscription Fees

User will be provided limited Services for free.  Free accounts have the ability to upload and view horses for sale, and to understand how other components in the mobile app work. However, to access details of Services you are required to conduct an in-app purchase. User agrees that by accessing detailed Services beyond what is visible for free, User is signing up for a monthly subscription for a fee of USD 4.99 and to pay the fee in full each month for as long as User keeps the subscription.  The subscriber will be informed of any price changes and given a reasonable notice prior to changes taking effect.

Limitation of Liability & Disclaimer

OTTB is not, under any circumstances, liable to Users for any claim, loss, or indirect, incidental, consequential, special or exemplary damages or losses arising out of or in connection with the use of the mobile application and Services, whether such damages are based on breach of contract, breach of warranty, tort (including negligence, product liability or otherwise), or any other pecuniary loss, whether or not we have been advised of the possibility of such damages.

OTTB is  not liable for any loss or damage to the user caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to User’s access to the mobile application, downloading or any content on the application, or any website linked to them.

OTTB is not liable for any loss or damage that may arise from your use of content of websites linked to the mobile application, and is not responsible for the content of such linked sites, nor does a link to another website represent OTTB’s endorsement. Third-party sites are not within our control or supervision and we do not make any representation or warranty about any third-party site that may be linked to or from our Services.

The User is solely responsible for compliance with his/her legal duties and obligations, including and without limitation in regards to all sales or services provided to User’s own customers.  Any representation, condition or warranty which might be implied or incorporated to these Terms by statue, common law or otherwise is excluded to the fullest extent permitted by law.

OTTB does not represent or warrant that the Services are free of inaccuracies, errors, bugs, or interruptions, or are reliable, accurate, complete, or otherwise valid. Services are provided “as is” with no warranty, express or implied, of any kind and OTTB expressly disclaims any and all warranties and conditions, including, but not limited to, any implied warranty of user ability, fitness for particular purpose, availability, security, title and/or non-infringement. User’s understands that access of the mobile application and its services is at User’s own discretion and risk, and User will be solely responsible for any damage that results from his or her use including, but not limited to, any damage to your computer system, mobile phone or loss of data.

Indemnification

To the maximum extent permitted by applicable law, User agrees to hold harmless and indemnify OTTB and its employees, officers, agents, or other partners from and against any third-party claim arising from or in any way related to User’s access or use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. OTTB shall use good faith efforts to provide user with written notice of such claim, suit or action.

General Terms

For all purposes of the Terms, User and OTTB shall be and act independently and not as partner, joint venture, agent, employee or employer of the other. User does not have any authority to assume or create any obligation for or on behalf of OTTB, express or implied, and user shall not attempt to bind OTTB to any contract.

This Agreement is between the User and OTTB. No other person shall have any rights to enforce any of its terms. User may not assign, delegate or transfer these Terms or any rights or obligations under these Terms, or Service account, in any way without OTTB’s prior written consent. OTTB may transfer its rights and obligations to another organization without User’s consent.  If such transfer or assignment occurs, User’s rights and obligations under these Terms are Otherwise unaffected.

Any failure to immediately enforce any of User’s obligations under these Terms, does not constitute a waiver of OTTB’s rights under this agreement. In the event that OTTB wishes to waive any User default such waiver will be valid only to the extent it is in writing, and does not operate as a guarantee to any such waiver for future defaults.

If any provision of these Terms is found to be invalid by a court of competent jurisdiction, the parties agree nevertheless that the court should attempt to give effect to the parties’ intentions as reflected in the relevant provision, and the other provisions of this agreement shall remain in full force and effect.

User will bear sole responsibility for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with his or her activity in connection with the Services.

These Terms are governed by and will be construed under the laws of the State of Michigan, without regard to the conflicts of laws’ provisions thereof. Any legal suit, action, litigation or proceeding of any kind whatsoever in any way arising out of, from or relating to the subject matter of these Terms shall be instituted in the Courts in Macomb County, Michigan, in the United States, in accordance with the streamlined arbitration rules and procedures of the Judicial Arbitration and Mediation Service, Inc (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

For all purposes of this Agreement, the parties irrevocably consent and submit to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Macomb County, Michigan. Any arbitration under these Terms (including against officers, directors, employees and contractors of OTTB) will take place on an individual basis; class arbitrations and class actions are not permitted. User understands and agrees that by entering into these terms, he or she and OTTB are each waiving the right to trial by jury or to participate in a class action.

Any notice to OTTB that is required or permitted by these Terms must be in writing and shall be deemed effective upon receipt, when delivered by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid to A Leg Up, LLC, 13742 W Center Street, Burton, OH 44021, Attn: Legal

Additional Mobile Application Considerations and Disclosures

OTTB United is a mobile platform allowing users to sell, buy and ship Off Track Thoroughbred horses at any time and from anywhere. User is responsible for any information he/she provides to OTTB or other users in relation to the OTTB United service, including, without limitation, any description of horses or services listed. OTTB acts as a passive conduit for User’s online distribution and publication of his/her information. By downloading and using the app User acknowledges, agrees and accepts:

  1. OTTB United is not involved in any transaction between sellers and buyers and, therefore, has no control over the quality, safety or legality of the horses (or any items or services) listed, the accuracy or truth of such listings, and the ability of sellers to sell or buyers to buy, and shippers ability to ship.
  2. A listing on this app does not represent or guarantee that the sale, purchase, shipment of any horse is valid and legal.
  3. OTTB United has no responsibility or obligation to ensure that any transaction between users is or will be completed.
  4. User bears the sole responsibility for the legality of any and all Users’ action under laws applicable to User.
  5. Buyers purchase at their own risk and are responsible to obtain appropriate professional advice prior to purchasing a horse, including, but not limited to, determining whether the horse is suitable for the buyer’s intended purpose and the necessity of, knowledge or, or result of any pre-purchase veterinary exam.
  6. Sellers, utilizing OTTB’s Services warrant that they are legally able to sell each item described, and that it is lawful to sell such item to US residents or (if the buyer is resident overseas) that it is lawful to sell and export such item to a person resident in the buyer’s jurisdiction.
  7. Sellers will be responsible for paying all applicable fees associated with using OTTB’s Services and application, if any, and all applicable taxes arising from transactions as result of using the application.
  8. Services are available to you as soon as you download the OTTB United application.

These Terms and any document expressly referred to in them constitute the entire agreement between User and OTTB and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between the parties, whether written or oral, relating to its subject matter.

Use of a Mobile App downloaded through the Apple iOS App Store or Google Play

These Terms apply to your use of the Service, including tablet and smart phone applications available via the Apple, Inc. (“Apple”) iOS App Store, and Google Play (“Google”), but the following additional terms also apply to the Mobile app:

  1. User and OTTB United acknowledge that the Terms are concluded between you and OTTB United only, and not with Apple and Google, and that neither Apple nor Google is not responsible for the mobile application or its Content;
  2. The mobile application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for private, personal use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
  3. User will only use the mobile application in connection with an Apple device or device that can access Google Play that User owns or controls;
  4. User acknowledges and agrees that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  5. In the event of any failure of the mobile app to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple’s or Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the mobile application;
  6. User acknowledges and agrees that OTTB United, and not Apple or Google, is responsible for addressing any claims that User or any third party may have in relation to the mobile application;
  7. User acknowledges and agrees that, in the event of any third-party claim that the mobile application or User’s possession and use of the mobile application infringes that third party’s intellectual property rights, Apple or Google, will NOT be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  8. User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E or the U.S. Code of Federal Regulations; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
  9. Both User and OTTB United acknowledge and agree that, in your use of the mobile application, User will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
  10. Both User and OTTB United acknowledge and agree that Apple and Apple’s subsidiaries  and Google and Google’s subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.