Terms & Conditions

2. Definitions

3. Eligibility and Member Accounts

• You must be at least 18 years old to create an account or place an Order. A parent or legal guardian must place Orders on behalf of anyone under 18, including for youth memberships, and is responsible for that account.
• You agree to provide accurate, current, and complete information and to keep it updated. Ownership records, registered horse names, and contact details are only as accurate as the information you supply.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. Notify us promptly at [email protected] if you suspect unauthorized use.
• We may suspend or terminate an account that we reasonably believe has submitted false information, violated these Terms, or been used to misrepresent NFQHA records.

4. Memberships

4.1 Terms Offered. NFQHA currently offers 1-Year, 3-Year, and Lifetime memberships. Pricing and included benefits are those displayed on the Memberships page at the time of purchase.

4.2 Term and Renewal. Membership begins on the date the Order is accepted and runs for the purchased term. Memberships do not automatically renew. We may send renewal reminders to the email address on your account.

4.3 Non-Transferable. Memberships are personal to the named Member and may not be sold, assigned, or transferred. A “Lifetime” membership means the lifetime of the individual Member and terminates on their death; it does not pass to heirs, and it does not obligate NFQHA to continue operating indefinitely.

4.4 Member Conduct. Members agree to conduct themselves in a manner consistent with NFQHA’s Statement of Purpose and Rules. NFQHA may suspend or revoke a membership for conduct including falsifying pedigree or ownership information, misrepresenting NFQHA percentages or certificates, harassment of members, staff, or volunteers, or violation of NFQHA Rules. Revocation for cause does not entitle the Member to a refund of dues.

4.5 Benefits May Change. Membership benefits, rules, fee schedules, and show or event programs may be modified or discontinued at NFQHA’s discretion. Membership does not confer any ownership interest, equity, or governance right in NFQHA except as expressly provided in NFQHA’s governing documents.

5. Research, Registration, Transfer, and Pedigree Services

5.1 Nature of the Services. NFQHA Research analyzes documented pedigree information to determine a horse’s NFQHA Foundation percentage under NFQHA’s published criteria. Registration records a qualifying horse in the NFQHA registry and produces a certificate and/or percentage fact sheet. These Services are records- and pedigree-based analyses. They are not a physical inspection, veterinary examination, conformation evaluation, genetic test, or appraisal.

5.2 Your Submission Obligations. You must submit accurate and legible documentation, including a copy of the front and back of the horse’s AQHA papers where required, together with correct registration numbers, registered names, and ownership information. You represent that you own the horse or are authorized by the owner to request the Service. Incomplete, illegible, or inconsistent submissions will delay processing and may require resubmission.

5.3 Turnaround Times. Any processing time we quote is a good-faith estimate only, not a guarantee. Research depends on the availability and quality of third-party records and on the completeness of your submission.

5.4 Accuracy and Reliance on Third-Party Records. NFQHA Research relies substantially on pedigree records maintained by third parties, including the American Quarter Horse Association and other breed registries, as well as on materials you supply. NFQHA does not control and cannot independently verify the accuracy of those third-party records. Results reflect the information available to NFQHA at the time the Research is performed.

5.5 Corrections and Revocation. NFQHA may correct, amend, reissue, or revoke a Registry Record, percentage determination, or certificate if it later determines that the record was based on incomplete, erroneous, or falsified information, or if an underlying third-party record is corrected. Where the error is NFQHA’s, we will issue a corrected certificate at no charge. Where the error results from information you supplied, standard fees apply.

5.6 No Endorsement or Warranty of the Horse. An NFQHA percentage, certificate, or pedigree is a statement about documented bloodline composition only. It is not a representation or warranty regarding any horse’s health, soundness, temperament, conformation, breeding capability, performance ability, market value, title, or fitness for any purpose. NFQHA is not a party to and has no liability arising from any sale, lease, breeding contract, or other transaction between private parties, whether or not NFQHA records were relied upon.

5.7 No Affiliation with AQHA. NFQHA is an independent organization. NFQHA registration is separate from, and confers no rights under, any AQHA registration or membership.

5.8 Transfers. Transfer of a horse’s NFQHA record requires a completed transfer request and payment of the applicable fee. NFQHA records the transfer as reported; recording a transfer is not an adjudication or guarantee of legal ownership. Ownership disputes must be resolved between the parties, and NFQHA may decline to record a transfer, or may freeze a record, while a dispute is pending.

5.9 Delivery. Certificates, fact sheets, and pedigree documents are delivered electronically and/or by mail as indicated at checkout. You are responsible for providing a correct email and mailing address. Reissue fees apply to replacement of documents lost after delivery.

6. Orders, Pricing, and Payment

• All prices are stated and charged in U.S. dollars and are exclusive of any applicable taxes unless otherwise stated.
• Placing an Order is an offer to purchase. An Order is accepted when we confirm it or begin performance. We may decline or cancel any Order, including for suspected fraud, pricing errors, or ineligibility of the horse or requester.
• Payment is processed by our third-party payment processors, Stripe and PayPal. NFQHA does not store full payment card numbers. Your use of a processor is subject to that processor’s own terms and privacy policy, and the processor may apply its own fraud screening.
• Members outside the United States. Prices are charged in U.S. dollars. Your bank or payment provider may apply currency conversion and cross-border transaction fees, which are your responsibility. Prices are exclusive of any VAT, GST, customs duties, or import charges unless stated at checkout; where NFQHA is required to collect VAT or a similar tax, it will be shown before you pay. [CONFIRM — supplying memberships and electronically delivered documents to consumers in the EU and UK can create VAT registration and collection obligations; confirm current treatment with your tax advisor.]
• We may change prices and fee schedules at any time. Changes do not affect Orders already accepted.
• Obvious typographical or pricing errors are not binding on NFQHA; if a price error is discovered after payment, we will contact you to confirm the corrected price or issue a full refund.
• You are responsible for any chargeback or bank fees resulting from a payment you dispute without first contacting us in good faith.

7. Refunds and Cancellations

[CONFIRM ALL AMOUNTS AND WINDOWS IN THIS SECTION AGAINST CURRENT NFQHA PRACTICE.]

• Before work begins. You may cancel a Research, Registration, Transfer, Pedigree, or Reissue Order for a full refund at any time before NFQHA begins work on it. Contact us promptly at [email protected].
• After work begins. Because these Services consist of professional research labor and custom-produced documents, fees are non-refundable once research or production has begun, including where the result is a lower percentage than expected or a determination that the horse does not qualify for registration. A qualifying percentage is never guaranteed.
• Memberships. Membership dues are non-refundable, except that a membership purchased in error may be refunded within [14] days if no member benefit has been used.
• Our errors. If NFQHA makes an error in a certificate or document, we will correct and reissue it at no cost to you.
• Duplicate or failed Orders. Duplicate charges and Orders we are unable to fulfill are refunded in full to the original payment method.

EEA and UK consumers — right of withdrawal. If you are a consumer resident in the European Economic Area or the United Kingdom, you generally have fourteen (14) days to withdraw from a distance contract without giving a reason. Because Research, Registration, Transfer, Pedigree, and Reissue Orders are services, by placing an Order you expressly request that we begin performance during that period and acknowledge that you lose the right of withdrawal once the service has been fully performed. If you withdraw after performance has begun but before it is complete, we may retain a proportionate amount reflecting the work already performed. Nothing in this Section limits any non-waivable statutory right.

8. Submitted Materials

8.1 Your Representations. You represent and warrant that you own or have all necessary rights to the Submitted Materials, that they are accurate, and that submitting them does not infringe or violate the rights of any third party.

8.2 License to NFQHA. You grant NFQHA a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to store, reproduce, and use Submitted Materials to perform the Services, maintain Registry Records, and administer the registry. This license survives the end of your membership and is necessary because NFQHA maintains permanent breed records.

8.3 Promotional Use. NFQHA will not publish photographs you submit for promotional use — including on the Site, in the video and photo galleries, or on NFQHA social media — without your permission, which you may grant at submission or later, and may withdraw prospectively at any time by contacting us. [CONFIRM — adjust if your submission forms already include a broader photo release.]

8.4 Feedback. Suggestions or ideas you send us about the Site or Services may be used without restriction, compensation, or attribution.

8.5 Removal. We may remove or decline to use any Submitted Material for any reason, including suspected inaccuracy or infringement.

9. Intellectual Property

9.1 NFQHA Property. The Site and its contents — including text, articles, editorials, research methodology, breed standard materials, certificate and fact sheet designs, pedigree charts, graphics, video, page layout, and the NFQHA name and logo — are owned by NFQHA or its licensors and are protected by U.S. and international intellectual property laws. Compilation of the NFQHA registry and pedigree database is protected as a compilation work.

9.2 Limited License to You. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access the Site and to use documents you have purchased for your own personal, non-commercial purposes, including advertising a horse you own or offer for sale.

9.3 Restrictions. You may not:

• copy, scrape, harvest, mirror, or systematically extract data from the Site or the NFQHA registry, by automated means or otherwise;
• resell, sublicense, or commercially redistribute NFQHA pedigree data, fact sheets, or certificates;
• create a derivative registry, database, or percentage-rating service from NFQHA data;
• alter, forge, or reproduce an NFQHA certificate or fact sheet, or represent an altered document as genuine;
• state or imply an NFQHA percentage, registration status, or endorsement that NFQHA has not issued; or
• use the NFQHA name or logo in a way that suggests sponsorship, affiliation, or endorsement without our prior written permission.

10. Acceptable Use of the Site

You agree not to: interfere with or disrupt the Site or its infrastructure; attempt to gain unauthorized access to any account, server, or data; probe or scan for vulnerabilities; introduce malware; use bots, crawlers, or scripts to place Orders or create accounts; impersonate another person; upload unlawful, defamatory, or infringing content; or use the Site in violation of any applicable law.

11. Third-Party Links and Content

The Site may link to third-party websites, services, and resources, including breed registries, maps, and social media. Those are provided for convenience only. NFQHA does not control, endorse, or assume responsibility for third-party content, products, or privacy practices.

12. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NFQHA DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, NFQHA DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT PEDIGREE RECORDS, PERCENTAGE CALCULATIONS, OR THIRD-PARTY REGISTRY DATA ARE COMPLETE OR ERROR-FREE.

Some jurisdictions do not allow the exclusion of certain warranties, so portions of this section may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NFQHA AND ITS OFFICERS, DIRECTORS, ADVISORS, EMPLOYEES, VOLUNTEERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST SALES, DIMINISHED HORSE VALUE, LOST BREEDING OPPORTUNITY, OR LOSS OF DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, OR ANY REGISTRY RECORD, WHETHER BASED IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NFQHA’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO NFQHA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Equine Activity Notice. Participation in equine activities, including any NFQHA-sanctioned show or event, is inherently risky. NFQHA is not responsible for injury, death, or property damage arising from equine activities, and separate waivers and applicable state equine activity liability statutes govern participation.

14. Indemnification

You agree to indemnify, defend, and hold harmless NFQHA and its officers, directors, advisors, employees, volunteers, and agents from any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or Services; (b) Submitted Materials, including any claim that they are inaccurate or infringing; (c) your breach of these Terms; (d) your misrepresentation of an NFQHA percentage, record, or certificate to a third party; or (e) any transaction between you and another party involving a horse.

15. Suspension and Termination

We may suspend or terminate your access to the Site, your account, or your membership at any time for violation of these Terms or for conduct harmful to NFQHA, its members, or the registry. Sections 5.4–5.6, 8, 9, 12, 13, 14, 16, and 17 survive termination. Registry Records are permanent and are not deleted upon termination of an account or membership.

16. Governing Law, Venue, and Dispute Resolution

16.1 Informal Resolution First. Before filing a claim, you agree to contact us at [email protected] and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

16.2 Governing Law. These Terms and any dispute arising from them are governed by the laws of the State of [Utah], without regard to its conflict-of-laws rules. [CONFIRM STATE — the Site lists a Levan, Utah address with an Oregon (541) phone number; the governing law and venue should match where the association is actually organized and operating.]

16.3 Venue. You and NFQHA consent to the exclusive jurisdiction and venue of the state and federal courts located in [COUNTY], [STATE] for any dispute not resolved informally.

16.4 Consumers Outside the United States. If you are a consumer resident outside the United States, nothing in these Terms deprives you of the protection of mandatory consumer-protection provisions of the law of your country of residence, and you may be entitled to bring proceedings in the courts of that country. Sections 16.2 and 16.3 apply only to the extent permitted by those provisions.

16.5 Time Limit. Any claim must be filed within one (1) year after it arises, or it is permanently barred, to the extent permitted by law. This limitation does not apply where a longer period is required by mandatory law applicable to you.

17. Changes to These Terms

We may update these Terms from time to time. The “Last Updated” date above reflects the most recent revision. Material changes will be announced on the Site or by email to Members. Continued use of the Site or Services after changes take effect constitutes acceptance. Orders are governed by the version of the Terms in effect when the Order was accepted.

18. Copyright Complaints (DMCA)

If you believe content on the Site infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to our designated agent:

Attn: DMCA PO Box 129, Levan, UT 84639 Email: [email protected]

We will respond to valid notices and may remove the material and terminate repeat infringers.

19. General Provisions

• Entire Agreement. These Terms, together with the Privacy Policy, Cookies Policy, NFQHA Rules, and any order-specific terms, are the entire agreement between you and NFQHA regarding the Site and Services.
• Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect.
• No Waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, reorganization, or transfer of the registry.
• Force Majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages of third-party registries, hosting providers, or postal services.
• Electronic Communications. You consent to receive notices, agreements, and records electronically, and agree that electronic signatures and records satisfy any legal requirement that such communications be in writing.
• Headings. Headings are for convenience only and do not affect interpretation.

20. Contact Us

National Foundation Quarter Horse Association PO Box 129, Levan, UT 84639 Phone: (541) 426-4403 Email: [email protected] Web: https://nfqha.dev/contact-us/