Visitor Agreement                                                                                         

 
Welcome to Horn-Ball.com, a service of Horn-Ball Texas Tailgaters, SP. By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and Horn-Ball.com; please read it carefully.

General Provisions
Horn-Ball.com respects your privacy. Please take a moment to review our privacy policy.

We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to one of our Founders (listed on the Contact Us page, along with an explanation of your objection.)

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending email to ryan@horn-ball.com or by sending a notice by U.S. Mail to: Horn-Ball Texas Tailgaters, 3526 Guadalajara St. Round Rock, TX 78665, Attn: Ryan Lepper.

The Web is an evolving medium. Horn-Ball.com may change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. Horn-Ball.com may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

The material that appears on Horn-Ball.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time.

Buying and Selling
Horn-Ball.com is an information based website, however there are opportunities that brings together buyers and sellers. Information about a particular item is supplied by the seller, not by Horn-Ball.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on Horn-Ball.com often exclude sales tax and fees, which may be added to the listed price to arrive at the final sale price of a particular item. Though we hope that all who come to Horn-Ball.com will act honorably and treat each other fairly, we can't verify the information sellers supply or guarantee the items they offer. Nor can we assure the seller of an item that the check he/she gets from the buyer isn't going to bounce. When using this website to find a buyer for your item or an item you can buy, we urge you to use the same common sense and good judgment you would use in selling items through, or responding to, a classified ad in the newspaper. 

There is no substitute for healthy skepticism and your own good judgment.

In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay display of your listing. We may also screen some email messages sent to sellers about items listed on Horn-Ball.com. If it appears that your email message has not reached the seller of an item you're inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.

When you offer an item for sale through Horn-Ball.com, you must be prepared to sell that item at the price at which, and the terms on which, you've listed it. You must have possession of the actual item listed and the ability to transfer it. To list an item for sale on Horn-Ball.com, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any item listed for sale on Horn-Ball.com, nor may you use our website to promote, without our prior written permission, any other website, product or service.  

Individuals who seek to list more than five items on the Horn-Ball.com website simultaneously, and all dealers, must make other arrangements with us. To find out more about listing and advertising opportunities on Horn-Ball.com, email us.  Horn-Ball.com reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate. 

When you list an item for sale through our service, we may obtain additional distribution for your listing through our relationships with other websites. Neither Horn-Ball.com nor any website through which we distribute your listing will charge you any additional fee for this additional exposure. It's just added value from Horn-Ball.com.

Responsibility for the information contained in each listing lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted. Nothing will undermine a user's confidence in an item you're looking to sell faster than inaccurate statements or misleading representations about the item. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat Horn-Ball.com users fairly and honorably.

Though we can't monitor every transaction that originates through a listing on Horn-Ball.com, we may perform random quality assurance tests to confirm that those who offer items for sale over Horn-Ball.com are prepared to sell the items they advertise at the prices at which, and the terms on which, they advertise them. By using our service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, Horn-Ball.com reserves the right to deny that seller use of the service.

Links to Other Sites

For your convenience, we make available a variety of links to other websites that we don't operate where you can obtain information, related products and services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. Horn-Ball.com is not responsible for the products or services these vendors provide. You release Horn-Ball.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.

For your convenience, we make available links to other websites.  We are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release Horn-Ball.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.

Ownership and Permissions 
Horn-Ball.com is made available for your personal, non-commercial use only. The materials on this site are the property of Horn-Ball.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on Horn-Ball.com should be sent to 3526 Guadalajara St. Round Rock, TX 78665, Attn: Ryan Lepper. 

You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by Horn-Ball.com or any of its affiliates. However, without the prior written permission of Horn-Ball.com, you may not frame any of the content of Horn-Ball.com, nor incorporate into another website or other service any intellectual property of Horn-Ball.com or its licensors. Requests for permission to frame our content may be sent to our Founders either by email or at the address above.

Horn-Ball.com® and the Horn-Ball.com logo, which are trademarks of Horn-Ball Texas Tailgaters, SP., are used by Horn-Ball.com. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on Horn-Ball.com without the prior written consent of the owner of the mark. All contents of this site are: Copyright 2009-2019 Horn-Ball.com, Inc. and/or its licensors. All rights reserved.

You may post listings, ratings, reviews, comments and other content, so long as the content is not false, misleading, illegal, obscene, threatening, defamatory, invasive of privacy rights, infringing of copyright, trademark or other intellectual property rights, or otherwise injurious to Horn-Ball.com or third parties. By submitting content to Horn-Ball.com you agree to abide by the terms of this Visitor Agreement and any rules or policies established by Horn-Ball.com for the area of our site in which you post your content.

By submitting listings, ratings, reviews, comments or other content to Horn-Ball.com, you represent and warrant that your submission does not contain any computer viruses, worms, or other damaging computer files or code and that you own or otherwise control all of the rights (including any copyright, trademark, trade secret, patent or other intellectual property right) to the content that you submit.You further represent that the content is accurate, that the use of the content you submit does not violate this Visitor Agreement, any applicable laws or regulations or the intellectual property rights of any third parties and will not cause injury to any person or entity, and that you will indemnify and hold harmless Horn-Ball.com, its affiliates and service providers (and all of their respective officers, directors, employees and representatives) from all claims, demands, damages and costs (including attorneys' fees) resulting from content you submit.

By submitting any content to Horn-Ball.com, you are permanently granting Horn-Ball.com and its affiliates, successors and licensees all rights to the material, including a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, distribute, and display such content throughout the world in any media without compensation to you, and to maintain the material in an archive. Among other things, Horn-Ball.com uses listings data to derive other useful information for display, sale and distribution. You further grant to Horn-Ball.com and its affiliates and successors the perpetual right to use your name, image and likeness in connection with such content, if they choose, without compensation to you.

Although Horn-Ball.com cannot monitor all the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to Horn-Ball.com. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or Horn-Ball.com. Notwithstanding the foregoing, Horn-Ball.com takes no responsibility and assumes no liability for any content posted to our website by you or other third parties.

Disclaimer of Warranties, Limitation of Liability, and Indemnification
IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." HORN-BALL.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HORN-BALL.COM AND ITS AFFILIATES, AGENTS OR LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO OUR WEBSITE BY YOU OR ANY OTHER THIRD PARTY.

UNDER NO CIRCUMSTANCES WILL HORN-BALL.COM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF HORN-BALL.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS HORN-BALL.COM, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE.

Registration
To obtain access to certain Horn-Ball.com services, you will be given an opportunity to register with Horn-Ball.com.  You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate.

Miscellaneous
No spamming or data scraping. We want potential buyers visiting Horn-Ball.com to feel free to share their email addresses with those listing items for sale on our site. By listing an item for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that item. By using this website, you agree not to use information concerning other users of Horn-Ball.com, or the items they've listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed item.

This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the State of Texas. By using this website, you consent to the exclusive jurisdiction and venue of the state and federal courts in Travis County, Texas in all disputes arising out of or relating to this Agreement or use of this website.