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Terms & Conditions

Welcome Buyers and Sellers!

By requesting to advertise on TopLine Equine, LLC  you are bound by the Terms and Conditions of TopLine Equine, LLC. You are assumed to have read and accepted the terms and conditions.

TERMS & CONDITIONS – TopLine Equine, LLC’s Advertising CONTRACT – TERMS LISTED BELOW APPLY TO BOTH ADVERTISERS AND BUYERS — TopLine Equine, LLC.

TopLine Equine, LLC is an online advertising site where equestrians can advertise anything equine related for other equestrians to see and potentially purchase.  Any questions about advertising or purchasing should be directed to TopLine Equine, LLC, Fallon Thomas (781) 491-2111 info@TopLineEquine.net

Please read these Terms and Conditions carefully, as they will govern your use of TopLine Equine, LLC, website and advertising services. Those who advertise and purchase through TopLine Equine, LLC are bound by these Terms and Conditions as amended by any posted notices, which together form the contract between TopLine Equine, LLC and client.  When advertising or purchasing through TopLine Equine, LLC the client agrees to the following Terms and Conditions. Any participation with TopLine Equine, LLC binds you to agreement of these Terms and Conditions, whether you read or understand said Terms and Conditions, or not.  If you do not wish to be bound by these Terms and Conditions, you may not use TopLine Equine, LLC’s website or services.

  1. PURPOSE OF THESE TERMS AND CONDITIONS- a) establish advertising  procedures; b) facilitate informed advertisements and purchases; c) provide for orderly settlement of finances in completion of purchases; d) allocate rights, responsibilities and risks and e) provide for orderly dispute resolution.
  2. LIMITATION OF LIABILITY- TopLine Equine, LLC is an independent contractor regularly engaged in the business of conducting online advertising of equine related items , horses, facilities etc. These advertisements provide a public means via the internet to bring together a seller and a buyer for the purpose of completing the sale of a specified advertisement. Neither TopLine Equine, LLC nor the TopLine Equine, LLC Parties are responsible for any liability whatsoever, including, but not limited to, the loss, damage, injury, death or illness of any horse, person, or property before, during or after the sale. All advertisements are offered in accordance with the laws of the State of Massachusetts and all transactions between Buyer, Owner/Seller and TopLine Equine are governed by the laws of the State of Massachusetts. Each advertisement offered in the sale is sold “AS IS, WHERE IS, WITH ALL FAULTS AND DEFECTS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY”. In the event of any legal dispute between the Buyer and the Owner/Seller, TopLine Equine will occupy the position of agent for a disclosed principal and stakeholder and will be discharged from all obligations owing to the Owner/Seller or Buyer upon delivery of any property or funds held by TopLine Equine to the court having jurisdiction of such dispute.
  3. AGREEMENT- a) I represent and agree that I am of legal age to form a binding contract.  b) I (hereinafter, referred to as Buyer) agree to these Terms and Conditions, and swear that all information I furnished is true and correct. c) Buyer agrees to be responsible for any purchase made or actions taken by an Agent authorized by me to act on my behalf, d) Buyer agrees that if an agreement has been made between buyer and seller and buyer has signed sale contract, the Buyer has entered into a binding agreement to purchase the horse.
  4. BUYER’S RESPONSIBILITY- By agreeing to purchase any of  our advertisements, Buyer is indicating they have examined or researched their item of purchase to their satisfaction. Prior to purchase, Buyers may a) ask Seller for additional information, b) make an appointment with Seller to examine the horse at Seller’s property, c) arrange with Seller to have a veterinarian perform a pre-purchase examination at buyer’s expense or d) hire an agent or equine professional to inspect and evaluate the horse, e) buyer may contact any boarding facilities or trainers about their services with any question’s or to meet in person to see the boarding facility or meet the potential trainer.  TOPLINE EQUINE, LLC reserves the right to accept or reject any request for buyer or owner participation on TopLine Equine, LLC.  Non-US-Buyers– Foreign buyers are welcome to participate, please note US funds and a form of positive identification are necessary. Buyers have the right to contact the advertiser about any of their advertisements and ask any relevant questions.
  5. SELLERS RESPONSIBILITY- Seller is responsible for the correct representation of their advertisement, including the description, disclosure of vices, horse’s information, riding and training description, as well as in communication with potential or eventual buyers. Some representations on disposition and handling are the opinion of the Seller and given only as an indication of the horse’s capability. Same goes for the advertising of tack, boarding facilities and trainers. Buyer should inspect, examine and research the horse/tack/farm and trainer to their satisfaction. Seller is responsible for disclosing the following conditions, which must be stated in the description for an advertised horse, if horse is a cribber, weaver, is unsound of eyes or wind, has a parrot mouth, is a cryptorchid or ridgling, has had major surgery or a serious illness, has been nerved, has an altered tail, has received joint injections for lameness or maintenance or has a chronic lameness, regardless of cause, or a lameness due to navicular disorder, ringbone or osteoarthritis, founder prior to the sale or other bone abnormality or neurological disorder including, but not limited to, EPM or wobbles. Seller is solely responsible for the accuracy of all information that appears in the online description of their advertisements. Buyer and Seller agree to hold TopLine Equine, LLC harmless from any claims arising out of any such inaccuracies or omissions. Seller has a continuing duty to respond to the Buyer after the sale, in the event of a dispute over Seller’s representation of advertisement.  
  6. TopLine Equine, LLC’s Advertising Packages & Prices-  Prices for different advertisements can be seen on the page when you go to create an ad. Our prices start at $25 a month and go up from there depending on the advertisement. We are always willing to work with our client’s who have more than one advertisement and will set a special price for them.
  7. WARRANTIES & EXPRESSED LIMITED WARRANTIES – Buyers are encouraged to pre-inspect and carefully examine anything advertised on our site prior to purchasing. There is no warranty, express or implied, by Topline Equine, LLC or any representative as to the soundness, condition, merchantability or fitness for any particular purpose of any advertisements offered for sale. It is the position of Topline Equine, LLC that all horses/tack are sold “AS IS” with all existing conditions and defects. Any guarantees announced verbally on behalf of the owner are strictly between owner and buyer. In addition to speaking with the sellers the prospective buyers have the option to go and test ride any horse or view any tack or farm facilities in person.
  8. TOPLINE EQUINE, LLC’S RESPONSIBILITY- Topline Equine, LLC is not responsible or liable in anyway if a non-payee or a fraudulent, problem buyer does not purchase an advertisement. Topline Equine LLC is not obligated in any way to reimburse owner for any cost or fees for non-sold horses/tack or fraudulent/problem buyers.  Topline Equine, LLC makes no guarantees of results or responsible for results.
  9. PAYMENT OPTIONS- Methods of payment accepted for all advertisements and buyers are: 1. Stripe 2. Google pay 3. Major credit cards. Payments from buyers to sellers are to be determined between buyer and seller, buyer pays seller directly.
  10. TITLE, RISKS AND RESPONSIBILITY OF HORSE – Title transfers immediately to the buyer once buyer has agreed on purchase and signed sales contract. Title transfer includes all risk of loss including but not limited to illness, injury, or death of the horse. Additionally, at title transfer, the buyer assumes all responsibility for the care and maintenance of the horse, for any loss or damage to property and for injury or death of persons caused by the horse, buyer, or buyer’s employees. Additionally, the buyer agrees to hold harmless Topline Equine, LLC for such loss or damage. TITLE AND RISKS ARE ASSUMED BY THE BUYER WHETHER OR NOT SETTLEMENT AND DELIVERY HAVE BEEN MADE. THIS SHALL ESPECIALLY BE THE CASE WITH PURCHASES MADE BY PHONE. TopLine Equine, LLC recommends the buyer obtain Full Mortality Insurance on horses immediately after purchase, however, this decision and risk rest solely with the buyer and is just a recommendation.
  11. DEFAULT – Buyers who fail in any respect whatsoever to pay for any horse under these terms shall be declared in default. Any horse purchased by a defaulter may be resold by the seller at public or private sale without notice for the buyer’s account. Costs of such resale will be those of the defaulter. Should such resale fail to satisfy the defaulter’s account in full, the defaulter will immediately pay to TopLine Equine, LLC the amount owing or be subject to legal suit. The defaulter will be responsible for all costs, including attorney’s fees incurred by seller or Topline Equine, LLC in collection of amounts owing for horse(s) purchased, or in enforcement or interpretation of this term of sale
  12. LIEN/SECURITY INTEREST – To secure the payment of the purchase price and expenses for any horse purchased, together with all other indebtedness owed or hereafter owing by the buyer to seller the buyer hereby grants a purchase money security interest and lien in and to each horse and all accounts, contract rights, registration papers, breeder’s certificates, records, general intangibles, proceeds, and products relating thereto.
  13. SALES TAX – Buyers residing in Massachusetts will be required to pay Massachusetts Sale Tax of 6.25%, unless exempt and appropriate forms have been completed.
  14. NO GUARANTEE OF SERVICE- TopLine Equine, LLC does not collect any type of taxes on any advertisements bought or sold on our website. The seller and buyer are responsible to report and pay any Federal Income Tax, State Income Tax, Sales and Use Tax. TopLine Equine, LLC encourages the seller and Buyer to understand the Tax Implications with your state specifically as TopLine Equine, LLC is just the Facilitator.
  15. INDEMNITY- Buyer and Seller release TopLine Equine, LLC, Sale Managers, advertisers, employees and its representatives, from any and all responsibilities, liabilities, obligations, claims, lawsuits, or legal proceedings arising from the sale of consigned horse. If legal action is initiated against TopLine Equine, LLC involving a consigned horse, the Seller and Buyer agree to fully indemnify TopLine Equine, LLC from such suit, including legal fees and costs incurred by TopLine Equine, LLC. Seller and Buyer agree that TopLine Equine, LLC may publish sale results including information concerning the sale transaction.
  16. COGGINS REPORT- Seller must provide a copy of a Negative Coggins report drawn within 11 (eleven) months of the closing date of the sale if advertising a horse.
  17. HEALTH CERTIFICATES- Buyer will be responsible for obtaining and paying for the Interstate Health Certificate for transportation which are only valid for 30 days.
  18. POST SALE REMOVAL – Any delays in TRANSPORT must be pre-approved by the seller OR You may pick up your purchase in person. Each seller will be able to work with the buyers to arrange transportation at buyers’ expense with a transport company if needed, to any state or Canada. International transport is also an option at buyers’ expense.  If you need recommendations for a horse transportation company please ask as we have a few, trustworthy, topline transporters that will give your horse the best of care during shipping!

Privacy Policy

08/30/2022

Topline Equine, LLC (EA) values its users’ privacy. This Privacy Policy (“Policy”) will help you understand how we collect and use personal information from those who visit our website or make use of our online facilities and services, and what we will and will not do with the information we collect. Our Policy has been designed and created to ensure those affiliated with Topline Equine, LLC of our commitment and realization of our obligation not only to meet, but to exceed, most existing privacy standards.

We reserve the right to make changes to this Policy at any given time. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. If at any point in time Topline Equine, LLC decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether to permit the use of their information in this separate manner.

This Policy applies to Topline Equine, LLC, and it governs any and all data collection and usage by us. Through the use of www.ToplineEquine.com, you are therefore consenting to the data collection procedures expressed in this Policy.

Please note that this Policy does not govern the collection and use of information by companies that Topline Equine, LLC does not control, nor by individuals not employed or managed by us. If you visit a website that we mention or link to, be sure to review its privacy policy before providing the site with information. It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent to better understand the way in which websites garner, make use of and share the information collected.

Specifically, this Policy will inform you of the following
1. What personally identifiable information is collected from you through our website;
2. Why we collect personally identifiable information and the legal basis for such collection;
3. How we use the collected information and with whom it may be shared;
4. What choices are available to you regarding the use of your data; and
5. The security procedures in place to protect the misuse of your information.

Information We Collect

It is always up to you whether to disclose personally identifiable information to us, although if you elect not to do so, we reserve the right not to register you as a user or provide you with any products or services.

In addition, Topline Equine, LLC may have the occasion to collect non-personal anonymous demographic information, such as age, gender, household income, political affiliation, race and religion, as well as the type of browser you are using, IP address, or type of operating system, which will assist us in providing and maintaining superior quality service.

Why We Collect Information and For How Long

We are collecting your data for several reasons:
· To better understand your needs and provide you with the services you have requested;
· To fulfill our legitimate interest in improving our services and products;
· To send you promotional emails containing information we think you may like when we have your consent to do so;
· To contact you to fill out surveys or participate in other types of market research, when we have your consent to do so;
· To customize our website according to your online behavior and personal preferences.

The data we collect from you will be stored for no longer than necessary. The length of time we retain said information will be determined based upon the following criteria: the length of time your personal information remains relevant; the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations; any limitation periods within which claims might be made; any retention periods prescribed by law or recommended by regulators, professional bodies or associations; the type of contract we have with you, the existence of your consent, and our legitimate interest in keeping such information as stated in this Policy.

Use of Information Collected

Topline Equine, LLC does not now, nor will it in the future, sell, rent or lease any of its customer lists and/or names to any third parties.

Topline Equine, LLC may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.ToplineEquine.com

Topline Equine, LLC may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that may be offered.

Topline Equine, LLC uses various third-party social media features including but not limited to Facebook, Instagram and other interactive programs. These may collect your IP address and require cookies to work properly. These services are governed by the privacy policies of the providers and are not within Topline Equine, LLC’s control.

Disclosure of Information

Topline Equine, LLC may not use or disclose the information provided by you except under the following circumstances:
· as necessary to provide services or products you have ordered;
· in other ways described in this Policy or to which you have otherwise consented;
· in the aggregate with other information in such a way so that your identity cannot reasonably be determined;
· as required by law, or in response to a subpoena or search warrant;
· to outside auditors who have agreed to keep the information confidential;
· as necessary to enforce the Terms of Service;
· as necessary to maintain, safeguard and preserve all the rights and property of Topline Equine, LLC.

Non-Marketing Purposes

Topline Equine, LLC greatly respects your privacy. We do maintain and reserve the right to contact you if needed for non-marketing purposes (such as bug alerts, security breaches, account issues, and/or changes in Topline Equine, LLC products and services). In certain circumstances, we may use our website, newspapers, or other public means to post a notice.

Children under the age of 13

Topline Equine, LLC’s website is not directed to, and does not knowingly collect personal identifiable information from, children under the age of thirteen (13). If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database, or in the alternative, that verifiable parental consent is obtained for the use and storage of such information. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website.

Unsubscribe or Opt-Out

All users and visitors to our website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to info@toplineequine.com. If you wish to unsubscribe or opt-out from any third-party websites, you must go to that specific website to unsubscribe or opt-out. Topline Equine, LLC will continue to adhere to this Policy with respect to any personal information previously collected.

Links to Other Websites

Our website does contain links to affiliate and other websites. Topline Equine, LLC does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our website and to read the privacy statements of every website that collects personally identifiable information. This Privacy Policy Agreement applies only and solely to the information collected by our website.

Notice to European Union Users

Topline Equine, LLC’s operations are located primarily in the United States. If you provide information to us, the information will be transferred out of the European Union (EU) and sent to the United States. (The adequacy decision on the EU-US Privacy became operational on August 1, 2016. This framework protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.) By providing personal information to us, you are consenting to its storage and use as described in this Policy.

Your Rights as a Data Subject

Under the regulations of the General Data Protection Regulation (“GDPR”) of the EU you have certain rights as a Data Subject. These rights are as follows:
· The right to be informed: this means we must inform you of how we intend to use your personal data and we do this through the terms of this Policy.

  • The right of access: this means you have the right to request access to the data we hold about you and we must respond to those requests within one month. You can do this by sending an email to info@toplineequine.com.
  • The right to rectification: this means that if you believe some of the date, we hold is incorrect, you have the right to have it corrected. You can do this by logging into your account with us, or by sending us an email with your request.
  • The right to erasure: this means you can request that the information we hold be deleted, and we will comply unless we have a compelling reason not to, in which case you will be informed of same. You can do this by sending an email to info@toplineequine.com.
  • The right to restrict processing: this means you can change your communication preferences or opt-out of certain communications. You can do this by sending an email to info@toplineequine.com.
  • The right of data portability: this means you can obtain and use the data we hold for your own purposes without explanation. If you wish to request a copy of your information, contact us at info@toplineequine.com.
  • The right to object: this means you can file a formal objection with us regarding our use of your information with regard to third parties, or its processing where our legal basis is our legitimate interest in it. To do this, please send an email to info@toplineequine.com.

In addition to the rights above, please rest assured that we will always aim to encrypt and anonymize your personal information whenever possible. We also have protocols in place in the unlikely event that we suffer a data breach, and we will contact you if your personal information is ever at risk. For more details regarding our security protections see the section below or visit our website at www.ToplineEquine.com.

Security

Topline Equine, LLC takes precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (e.g. credit card information), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for “https” at the beginning of the address of the webpage.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment. This is all done to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.

The company also uses Secure Socket Layer (SSL) for authentication and private communications to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.

Acceptance of Terms

By using this website, you are hereby accepting the terms and conditions stipulated within the Privacy Policy Agreement. If you are not in agreement with our terms and conditions, then you should refrain from further use of our sites. In addition, your continued use of our website following the posting of any updates or changes to our terms and conditions shall mean that you agree and acceptance of such changes.

How to Contact Us

If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.

Email: info@toplineequine.net

Phone: (781) 491-2111

The data controller responsible for your personal information for the purposes of GDPR compliance is:
Ms. Fallon Thomas

Topline Equine LLC

44 Bearfoot RD STE. 200A

Northborough, MA 01532.