Last updated: March 29, 2017
These Terms may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, “writing” does not include an e-mail message and a signature does not include an electronic signature.
2.1 Grant of a Limited License to Use the Service. Subject to your acceptance of and continuing compliance with these Terms and any other relevant policies, We grant you a non-exclusive, non-transferable, revocable and limited license, subject to the limitations contained in these Terms, to access the Website and to use the Service through a supported web browser (such as Microsoft Internet Explorer or Google Chrome) solely for your informational purposes. You agree not to use the Service for any other purpose.
Any information or data that We make available as part of the Service are provided exclusively for your own personal informational purposes.
You must provide all equipment and software necessary to connect to the Service. You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Service.
2.4 Limitations on Use. Any use of the Service in violation of these Limitations on Use is strictly prohibited, can result in the immediate revocation of your limited license granted under these Terms, and may subject you to liability for violations of law or of these Terms. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE, INCLUDING UNDERMINING OR MANIPULATING THE OPERATION OF THE WEBSITE, IS A VIOLATION OF THESE TERMS AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. If We believe you have violated any of these Terms, We may immediately terminate your access to the Service, with or without notice to you.
2.4.1. Unauthorized Use or Connection to the Service. You agree that you will not, under any circumstances:
a. Copy, modify or distribute rights or content from the Website, or Our copyrights or trademarks or use any method to copy or distribute the content of the Service, except as specifically allowed in these Terms.
2.5 Suspension and Termination of Service. WITHOUT LIMITING ORGANIZERS’ RIGHTS TO SEEK OR TO EXERCISE ANY OTHER REMEDIES, WE HAVE THE RIGHT TO LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCESS TO THE SERVICE OR PORTIONS THEREOF, WITH OR WITHOUT NOTICE TO YOU, IF WE SUSPECT THAT YOU ARE FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. WITHOUT LIMITING ORGANIZERS’ RIGHTS TO SEEK OR TO EXERCISE ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE, PROHIBIT ACCESS TO OUR WEBSITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
We reserve the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service, or a part thereof, will be automatically terminated or suspended. In such event, We shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
2.6.1.Service. The Service, including without limitation any titles, computer code, software, themes, objects, photographs, horse names, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and documentation are works owned or licensed by Us. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service and its content. All data provided herein is subject to copyright of International Forum for the Aftercare of Racehorses, all rights reserved.
3. COPYRIGHT NOTICES/COMPLAINTS
It is Our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). We reserve the right to terminate without notice any user’s access to the Service if We determine, in its sole discretion, that such user is a “repeat infringer.”
4. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
4.1 DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TIMELINESS, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO BE THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR INTERNATIONAL FORUM FOR THE AFTERCARE OF RACEHORSES MEMBERS, OBSERVERS, SPONSORS, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “OUR PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THE ACCURACY, QUALITY OR APPROPRIATENESS OF ANY CONTENT ON THE WEBSITE.
4.2 LIMITATIONS; WAIVERS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OF ACTION WHATSOEVER IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT OUR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
THE LIMITATIONS IN THIS SECTION 4 APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT OUR PARTIES SHALL NOT BE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OUR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL OUR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE SERVICE WITHIN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN ADDITION, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WITH MULTIPLE PROCESSING OF COMPLEX DATA AND RELIANCE UPON INFORMATION ACQUIRED FROM MULTIPLE SOURCES ERRORS AND OMISSIONS CAN AND DO OCCUR DESPITE COMMERCIALLY REASONABLE EFFORTS TO AVOID THEM. NEITHER WE NOR OUR THIRD PARTY DATA PRVOIDERS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGES RESULTING TO YOU OR TO ANY THIRD PARTY FROM ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION CONTAINED ON WEBSITE.
THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4 AND ELSEWHERE IN THIS AGREEMENT SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION DOES NOT EXCLUDE LIABILITY FOR PERSONAL INJURY TO A PERSON OR DEATH TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
4.3 Indemnification. You agree to indemnify, defend, save, and hold Us, and Our Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation of law (including, without limitation, the securities law of the United States and/or any of the individual U.S. states) by you, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with Our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your use of the Service.
6. GENERAL PROVISIONS
Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers or other acts or omissions by Us shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, signed by both parties.
Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
6.5 Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to Us are of a unique and irreplaceable nature, the loss of which shall irreparably harm Us and which cannot be replaced by monetary damages alone. Accordingly, We shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 4.2 (if any).
6.6 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
6.8 Law and Forum for Legal Disputes. These Terms and any dispute arising out of or related to them or the Website shall be governed in all respects by the laws of the Commonwealth of Kentucky as they apply to agreements entered into and to be performed entirely within the Commonwealth of Kentucky between Kentucky residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against the Organizers must be resolved exclusively by a state or federal court located in the Commonwealth of Kentucky, County of Fayette, City of Lexington. You agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Kentucky, County of Fayette, City of Lexington for the purpose of litigating all such claims or disputes. We and you both hereby waive our rights to trial by jury.
The Service is operated out of the United States of America. We do not represent the content or materials present in the Service are appropriate for use in other locations. If you access the Service from a jurisdiction outside of the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws where you reside or where you access the Service, if and to the extent that such laws are applicable to your use of the Service.
6.9 Survival. The provisions of Subsection 2.2 and Sections 4 through 6 inclusive shall survive the termination of this agreement.