These Terms of Service govern your access to and use of the Quarter Pole iOS application and related services made available by Quarter Pole Inc., a Delaware corporation. By creating an account, accessing, or using the Platform, you agree to be bound by these Terms in their entirety. If you do not agree, do not access or use the Platform.
THIS IS A LEGALLY BINDING AGREEMENT. THESE TERMS INCLUDE A MANDATORY ARBITRATION PROVISION (SECTION 19) AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. PLEASE REVIEW THEM BEFORE USING THE QUARTER POLE PLATFORM.
By tapping "I Understand and Accept" on the Quarter Pole Platform, by creating an account, or by otherwise accessing or using the Platform, you represent and warrant that: (a) you have read, understood, and agree to be bound by these Terms and our Privacy Policy; (b) you have the legal capacity to enter into these Terms; (c) your acceptance constitutes a binding contract; and (d) all information you provide is and will remain accurate, complete, and current.
If you are accepting these Terms on behalf of an entity (such as a syndicate, partnership, LLC, or trust), you represent that you have legal authority to bind that entity to these Terms.
To use the Platform, you must be at least eighteen (18) years of age and have the legal capacity to enter into a binding contract under the laws of your jurisdiction.
Quarter Pole reserves the right to refuse to provide the Platform to any person, to require additional verification, to suspend or terminate accounts, and to change eligibility criteria at any time without notice. The Platform is currently intended for use by residents of the United States and Canada.
Quarter Pole is a marketplace and communications platform that enables verified thoroughbred owners, trainers, bloodstock agents, and other industry participants to list horses, discover listings, communicate privately with one another, and arrange potential transactions directly between themselves.
QUARTER POLE IS A NEUTRAL VENUE. WE ARE NOT A PARTY TO ANY TRANSACTION BETWEEN USERS. WE DO NOT BUY, SELL, OWN, BROKER, MARKET, REPRESENT, INSURE, INSPECT, OR HOLD CUSTODY OF ANY HORSE OR ANY INTEREST THEREIN. WE ARE NOT A BROKER-DEALER, INVESTMENT ADVISER, MONEY SERVICES BUSINESS, ESCROW AGENT, FIDUCIARY, OR INSURANCE PROVIDER.
You agree to provide accurate, current, and complete information; to maintain the security of your password; to promptly notify us of unauthorized access; and to be responsible for all activities under your account, whether or not you authorized them.
You may not transfer your account, share login credentials, create more than one account per individual, or maintain an account if Quarter Pole has previously suspended or terminated an account in your name.
Quarter Pole maintains a zero-tolerance policy for objectionable content and abusive users. You agree that there is no tolerance for objectionable, abusive, harassing, hateful, fraudulent, or otherwise inappropriate content or behavior on the Platform. We review content and users that are flagged or reported and act within twenty-four (24) hours, removing violating content and ejecting (suspending or permanently banning) the users responsible. You may report objectionable content or block an abusive user at any time from within the app, and by using the Platform you consent to this enforcement.
You agree not to:
All listings must be accurate, complete, and not misleading. By posting a listing, you represent that you are the lawful owner (or are authorized by the owner), that all information is true and accurate, that you have authority to consummate any transaction, that the horse is not subject to undisclosed liens, and that the listing complies with all applicable laws.
Quarter Pole reserves the right, but undertakes no obligation, to remove or refuse any listing at any time, in its sole discretion, with or without notice. Removal or non-removal does not constitute an endorsement or warranty.
Quarter Pole conducts a manual review of every listing posted to the Platform, performed by Quarter Pole administrators (currently Kevin Sengara and Daniel Gaddu). The review consists of inspecting documents submitted by the seller and confirming they appear consistent with the listing being made.
This review is NOT a title search, NOT a veterinary inspection, NOT a guarantee of ownership, NOT a representation that information is accurate or current, NOT a verification of the horse's identity in the physical world, NOT a confirmation that the seller has lawful authority to transfer the horse, NOT a guarantee that the seller will perform on any agreement, and NOT an endorsement of the seller, the horse, the proposed transaction, the asking price, or any pricing methodology.
Buyers are solely responsible for their own due diligence prior to entering any transaction, including verifying ownership, conducting pre-purchase examinations, obtaining legal/tax advice, arranging title transfer, verifying the absence of liens, confirming the seller's identity in person, and any other reasonable steps a prudent buyer would take.
Quarter Pole reserves the right, in its sole discretion, to approve, reject, suspend, or revoke verification for any listing or any seller, at any time, without notice and without explanation. Quarter Pole has no obligation to maintain consistent standards over time.
Document Submission. To list a horse on the Platform, Quarter Pole requires you to submit verification documents that establish (a) your identity and (b) your right to sell the specific horse you wish to list. The categories of documents you may be asked to submit include, but are not limited to: government-issued photo identification (driver's license, passport, state ID); business formation documents (operating agreements, partnership agreements, articles of incorporation, syndicate prospectuses); Jockey Club registration certificates; bills of sale; signed authorization letters from registered owners; and any other documentation Quarter Pole reasonably requests.
Storage and Security. All verification documents are encrypted at rest in a private cloud storage bucket controlled by Quarter Pole. Access is technically restricted via Row-Level Security to (i) the user who uploaded the document and (ii) Quarter Pole administrators. Documents are accessed by administrators via temporary signed URLs that expire within five (5) minutes of generation. The bucket is not publicly accessible by URL or any other means.
Use. Verification documents are used solely to: review your eligibility to list a horse on the Platform; confirm your identity; verify your right to sell a specific horse; satisfy Quarter Pole's internal trust-and-safety requirements; create an audit trail of the verification decision; respond to legal process; and investigate suspected fraud, abuse, or violation of these Terms. Documents are NOT used for marketing, are NOT sold or rented to third parties, are NOT shared with other users, and are NOT used for any purpose unrelated to verification.
Retention and Deletion. Upon completion of administrator review (whether the verification is approved or rejected), Quarter Pole DELETES the actual document file from storage as soon as reasonably practicable. Only an audit record is retained, consisting of: the document type submitted, the timestamp of submission, the timestamp and identity of the reviewing administrator, the review outcome, and any reviewer notes. The actual image or PDF of the document is purged.
Fraudulent Documents. Submission of any forged, altered, falsified, or otherwise fraudulent document is grounds for immediate account termination, forfeiture of any pending listings, and may be reported to law enforcement, The Jockey Club, applicable state racing commissions, and any other appropriate authority. Quarter Pole reserves the right to retain copies of suspected fraudulent documents indefinitely for evidentiary purposes notwithstanding the deletion policy above.
Re-verification. Verified status is permanent unless and until Quarter Pole revokes it. Quarter Pole may, at its sole discretion, require re-verification at any time, including when (a) you update profile information that conflicts with a previously verified document; (b) Quarter Pole receives information suggesting prior verification was based on inaccurate data; (c) Quarter Pole modifies its verification standards; or (d) for any other reason Quarter Pole deems appropriate.
Waiver of Claims. By submitting verification documents, you waive any claim against Quarter Pole, its administrators, or any of its personnel for verification decisions, including approval, rejection, delay, revocation, error in administrator review, or disclosure pursuant to legal process. Verification is performed in good faith but is not a warranty of any fact about you, the horse, the seller, or any proposed transaction.
BY UPLOADING ANY VERIFICATION DOCUMENT (GOVERNMENT ID, BUSINESS FORMATION DOCUMENT, JOCKEY CLUB CERTIFICATE, BILL OF SALE, AUTHORIZATION LETTER, OR ANY OTHER DOCUMENT), YOU REPRESENT AND WARRANT THAT THE DOCUMENT IS AUTHENTIC, ACCURATE, COMPLETE, AND THAT YOU HAVE THE LEGAL RIGHT TO SUBMIT IT TO QUARTER POLE FOR REVIEW.
Buyers must conduct their own due diligence on every horse and every seller, regardless of any verification badge displayed on the Platform.
Quarter Pole reserves the right to grant, withhold, suspend, or revoke any verification badge at any time, in its sole discretion, without notice or explanation.
A listing or profile that does not display a verification badge has not been reviewed for that particular type of verification — but the absence of a badge is also not a representation of any kind by Quarter Pole.
A "QUARTER POLE VERIFIED," "IDENTITY VERIFIED," "EQUIBASE CERTIFIED," OR "JC SUBMITTED" BADGE ON A LISTING OR PROFILE MEANS ONLY THAT A QUARTER POLE ADMINISTRATOR (OR AUTOMATED SYSTEM) HAS REVIEWED CERTAIN DOCUMENTS OR DATA ATTESTED BY THE SELLER. IT IS NOT A GUARANTEE OF: THE HORSE'S CONDITION, PEDIGREE, RACE RECORD, MEDICAL HISTORY, BREEDING SUITABILITY, OR MARKET VALUE; THE SELLER'S TRUTHFULNESS, FINANCIAL CAPACITY, OR INTENT TO PERFORM; THE ACCURACY OR COMPLETENESS OF ANY INFORMATION DISPLAYED ON THE LISTING; OR ANY OTHER FACT, REPRESENTATION, OR WARRANTY OF ANY KIND.
The Platform allows listing Users to indicate they are open to selling a fractional or partial interest in a horse. A "Fractional Shares Available" badge on a listing is solely a communications signal — Quarter Pole does NOT facilitate, structure, document, escrow, settle, or execute any partial-interest transaction. All terms (legal structure, percentage, price, payment, ongoing rights, tax treatment, regulatory compliance) must be negotiated and documented directly between buyer and seller off the Platform with their own advisors.
READ CAREFULLY IF YOU INTEND TO LIST OR INQUIRE ABOUT A FRACTIONAL OR PARTIAL INTEREST. A FRACTIONAL OR PARTIAL INTEREST IN A RACEHORSE MAY CONSTITUTE A "SECURITY" UNDER FEDERAL OR STATE SECURITIES LAWS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER A TRANSACTION CONSTITUTES A SECURITIES TRANSACTION AND FOR COMPLYING WITH ALL APPLICABLE LAWS. QUARTER POLE IS NOT A BROKER-DEALER OR REGISTERED INVESTMENT ADVISER.
The Platform provides messaging features for Users to communicate. Messages are sent voluntarily; you are solely responsible for their content. Quarter Pole may, but is not obligated to, monitor, store, archive, or scan communications. Quarter Pole does not guarantee privacy, security, or delivery, and shall not be liable for failure of delivery, interception, loss, or unauthorized access. Communications may be subject to disclosure pursuant to legal process.
You acknowledge that, in connection with all activities on the Platform, Quarter Pole:
YOU ASSUME ALL RISK ASSOCIATED WITH ANY TRANSACTION OR INTERACTION WITH OTHER USERS, INCLUDING WITHOUT LIMITATION ANY ECONOMIC LOSS, PROPERTY DAMAGE, BODILY INJURY, OR DEATH OF YOURSELF, ANY OTHER PERSON, OR ANY HORSE.
You retain ownership of any photographs, videos, descriptions, listings, messages, profile information, or other content you submit ("User Content"). You grant Quarter Pole a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, perform, modify, host, store, and transmit such User Content for the purposes of operating, providing, promoting, and improving the Platform and for any other lawful business purpose.
You represent that you have all necessary rights to grant this license; that your User Content does not infringe any third party's rights; and that it does not contain unlawful, defamatory, or otherwise objectionable material.
The Platform, including the Quarter Pole name, logo, visual design, software code, database structure, trademarks, all original text and graphics, and curated data, is the exclusive property of Quarter Pole Inc. and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal use only.
The Platform integrates with services provided by third parties including Apple Inc. (authentication, in-app purchases, push notification delivery via APNs), Google LLC (Sign In with Google), Supabase Inc. (database, authentication, storage, edge functions), Equibase Company LLC (publicly available horse data), The Jockey Club (registration certificate validation), Expo Inc. (push notification routing, build infrastructure), and the publishers of news content displayed in the News tab. Your use of these services is subject to their own terms. Quarter Pole does not control these services and is not responsible for their availability, content, accuracy, security, or business practices. Data displayed that originates from a third-party source is provided as a convenience and may be inaccurate, incomplete, or outdated.
The Platform displays headlines, brief excerpts, and links to articles published by third-party horse racing publications, including but not limited to: Thoroughbred Daily News, Past the Wire, America's Best Racing, The Racing Biz, BloodHorse, Horse Racing Nation, Paulick Report, and Equine Chronicle. This content is aggregated from publicly available RSS feeds.
Quarter Pole does NOT author, edit, endorse, or independently verify any aggregated news content. Opinions, facts, statistics, claims, predictions, and recommendations expressed in aggregated articles are those of the original publishers, not of Quarter Pole.
Quarter Pole displays only headlines, brief excerpts (lede text from the RSS feed), and links back to the original publishers, in reliance on principles of fair use. All copyrights in aggregated content remain with the respective original publishers. Tapping an article opens the publisher's website; reading the full article is governed by the publisher's own terms.
Aggregated news content is NOT financial advice, veterinary advice, racing tips, betting recommendations, or legal advice. Users who rely on such content do so at their own risk and assume all consequences. Quarter Pole disclaims all liability for any inaccuracy, misrepresentation, or harm arising from reliance on aggregated news content.
When you list a horse on the Platform, Quarter Pole may auto-populate certain fields (horse name, age, sex, sire, dam, race record, recent workouts) by retrieving publicly available data from Equibase Company LLC. Quarter Pole is not affiliated with, endorsed by, or sponsored by Equibase Company LLC. The "Equibase Certified" indicator on a listing reflects only that the data shown was imported from Equibase's public records at a specific point in time; it is not a guarantee of accuracy, completeness, or currency, and is not a representation by Equibase about the listing or the seller.
Once data is imported from Equibase, the relevant fields are permanently locked from manual editing in order to preserve the integrity of the "Equibase Certified" indicator. The seller may use the "Refresh from Equibase" function on the listing detail screen to pull the latest data; if Equibase's underlying record changes, the listing will reflect the updated data on the next refresh.
Equibase data is the property of Equibase Company LLC and is subject to its own terms of use. Quarter Pole does not warrant the availability or accuracy of any Equibase data and disclaims all liability for inaccuracy, omission, delay, or other defect.
If you grant the Platform permission to send push notifications, Quarter Pole may use that permission to deliver: notifications related to your activity (new messages, new offers, listing approval or rejection, account changes); notifications related to listings or sellers you follow; administrative notifications (security events, terms or policy updates, service changes); and other notifications consistent with the Platform's function. You may revoke notification permission at any time through your device's system settings.
Quarter Pole does NOT use push notifications for marketing, advertising, or promotional content from third parties. Quarter Pole does NOT sell, rent, or transfer push notification tokens or any associated data to any third party.
THE PLATFORM, ALL CONTENT, ALL LISTINGS, AND ALL MATERIALS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, COMPLETENESS, OR RELIABILITY.
Quarter Pole's total cumulative liability arising out of or relating to these Terms or your use of the Platform shall not exceed the greater of (i) the total fees paid by you to Quarter Pole in the 12 months immediately preceding the event giving rise to the liability, or (ii) one hundred U.S. dollars ($100.00).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUARTER POLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
You agree to defend, indemnify, and hold harmless Quarter Pole, its affiliates, officers, directors, employees, agents, contractors, and licensors from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of: your access to or use of the Platform; your User Content; your violation of these Terms or any law; your violation of any third party's rights; any transaction or interaction with another User; and any partial-interest or fractional transaction arising from your use of the Platform.
NOTHING ON THE PLATFORM CONSTITUTES AN OFFER TO SELL OR SOLICITATION OF AN OFFER TO BUY ANY SECURITY. QUARTER POLE IS NOT A REGISTERED BROKER-DEALER, INVESTMENT ADVISER, OR ALTERNATIVE TRADING SYSTEM. ANY COMMUNICATIONS BETWEEN USERS REGARDING FRACTIONAL OR PARTIAL INTERESTS ARE SOLELY BETWEEN THE USERS INVOLVED. THE USERS ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE SECURITIES LAWS.
You and Quarter Pole agree that any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively through final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration shall be conducted in Delaware. The arbitrator may award only individual relief. Class actions, class arbitrations, and consolidated proceedings are expressly prohibited.
YOU AND QUARTER POLE EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You may opt out of this arbitration agreement by sending written notice to Quarter Pole within 30 days after first accepting these Terms.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT, TO HAVE A JURY DECIDE YOUR CASE, AND TO PARTICIPATE IN A CLASS ACTION.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-laws principles. Subject to Section 19, the parties consent to the exclusive jurisdiction of the state and federal courts in Wilmington, Delaware.
Quarter Pole may modify, suspend, or discontinue the Platform at any time. Quarter Pole may revise these Terms at any time; your continued use after revision constitutes acceptance.
You may terminate your account at any time. Quarter Pole may suspend or terminate your access for any reason in its sole discretion.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Quarter Pole. If any provision is held invalid, the remaining provisions shall remain in effect.
Contact: legal@quarterpole.com · Quarter Pole Inc., Delaware C-Corporation