1. SCOPE OF SERVICES; CONFIDENTIALITY; NO LEGAL OR TAX ADVICE. HorseClosings.com will render closing services for your equine sale or lease. All information regarding the transaction will be held in confidence by HorseClosings.com, LLC unless disclosure is required pursuant to subpoena or other legal process, or unless all parties agree in writing that the information shall not be kept confidential. Nothing in this provision shall prevent HorseClosings.com, LLC from anonymously reporting statistical information regarding transactions. The services provided will be in accordance with the closing level that you choose and will include only those services described in the Horse Closing Program Description Sheet. Both Buyer and Seller must agree to the use of the HorseClosings.com Uniform Terms and Conditions of Sale and Bill of Sale. Other services may be contracted for on request and for an additional fee. HorseClosings.com, LLC is not a law firm and does not render legal advice or legal services. HorseClosings.com, LLC is not an accounting or audit firm and does not render tax advice or tax services. By agreeing to these terms and conditions, you acknowledge that you are not seeking legal or tax advice or services. HorseClosings.com, LLC may refer you to an attorney or tax professional. HorseClosings.com, LLC is not responsible for the actions, legal tax advice or legal or tax services of any firm or individual to which a referral is made. If HorseClosings.com, LLC cannot provide any other services to you, then it will attempt to refer to you to an appropriate entity or person for such services. HorseClosings.com, LLC is not responsible for the actions or performance of any entity or individual to which a referral is made.
2. FEES AND COSTS: By agreeing to these terms and conditions and by hiring HorseClosings.com, LLC, you agree to pay a closing fee in accordance with the closing level that you choose as disclosed in the Horse Closing Program Description Sheet. In addition to the fee charged, you are responsible for all out-of-pocket costs and third-party fees incurred in connection with your horse closing. Some examples are: Federal Express charges, breed registry fees, insurance premiums, and appraisal costs. If the horse sale or lease does not consummate after HorseClosings.com, LLC has been hired, you will be responsible for a Closing Cancellation Fee of one-half of the closing fee plus any costs incurred. HorseClosings.com, LLC recommends that all pre-purchase examinations be completed before beginning the closing process.
3. ACCURACY OF INFORMATION AND REFUSAL OF SERVICES: The ability of HorseClosings.com, LLC to effectively close your equine transaction depends upon your complete, full and accurate disclosure of all terms of the sale or lease. HorseClosings.com, LLC is not responsible for investigating or determining the accuracy of the information that you provide. You agree to indemnify and hold harmless HorseClosings.com, LLC for any errors, omissions, or mistakes that arise from the failure of any party to disclose complete, full and accurate information to HorseClosings.com, LLC. HorseClosings.com, LLC may terminate its services at any point in time if: 1) in the sole discretion of HorseClosings.com, LLC, any one or more of the parties are engaged in fraudulent conduct or other illegal activity; or 2) in the sole discretion of HorseClosings.com, LLC, any one or more of the parties involved in the equine transaction engage in conduct that makes it impossible to conduct the closing in a legal, fair, expedient and just manner. If services are refused for either of the foregoing reasons, the full amount of the Closing Fee shall be charged unless expressly waived by HorseClosings.com, LLC in its sole discretion.
4. AUTHORITY TO HOLD AND DISBURSE FUNDS: By agreeing to these terms and conditions and by hiring HorseClosings.com, LLC, you authorize, on behalf of yourself and other parties to the equine transaction, HorseClosings.com, LLC to receive sale or lease funds, hold those funds in escrow during the transaction process, and disburse the funds in accordance with the terms of the sale or lease as disclosed by you. Such disbursement shall be documented on the Horse Uniform Disclosure Form (the “HorseHUD1”©) and all parties shall declare and acknowledge the accuracy of the Horse Uniform Disclosure Form prior to the disbursement of any funds. HorseClosings.com, LLC shall maintain a bonded, interest-bearing escrow account to and from which the funds shall be transferred. Any interest that accrues is the sole property of HorseClosings.com, LLC and you, on behalf of yourself and other parties to the equine transaction, hereby waive any right to the interest that may accrue on the funds held in escrow.
5. INDEMNIFICATION AND HOLD HARMLESS: In the event of any claims, suits, or litigation involving the horse that is the subject of the closing services provided, you agree to defend, indemnify and hold harmless HorseClosings.com, LLC from any suits, claims, or judgments unless such claim or suit arises from the negligence of HorseClosings.com, LLC.
6. COMPLETE AGREEMENT: You acknowledge that these terms and conditions comprise the entire and complete agreement between you and HorseClosings.com, LLC.
7. SEVERABILITY: If any provision of these terms and conditions is found to be invalid, that finding shall not affect the enforceability of the remaining terms and conditions.
8. CONSUMMATION OF CONTRACT, GOVERNING LAW AND BINDING ARBITRATION: All parties agree that the contract of sale or lease for the horse or pony for which the closing services are provided is deemed to be consummated in the Commonwealth of Virginia. These terms and conditions shall be governed by and interpreted in accordance with the law of the Commonwealth of Virginia. Should any dispute between you and HorseClosings.com, LLC arise, you agree to binding arbitration in accordance with the standard procedures of the American Arbitration Association. The prevailing party in any dispute shall be entitled to an award of attorneys’ fees and costs.
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