TO YOUR USE OF OR YOUR ACCESS TO ANY AND ALL INFORMATION DISPLAYED ON EQUINELINE.COM, INCLUDING, BUT NOT
LIMITED TO, THE PURCHASING AND RECEIVING OF ELECTRONIC PRODUCTS (”PRODUCTS”)
OWNED AND OPERATED BY THE JOCKEY CLUB INFORMATION SYSTEMS, INC. (“TJCIS”)
Please note that these
customer agreement with TJCIS. In the
customer agreement, the terms of your equineline.com customer agreement
(a) TJCIS may, at its option, terminate this
including, without limitation:
you impair or attempt to impair the integrity of TJCIS’ computer programs,
information or services.
violation of section 5 below; provided, however, that TJCIS will still be able
law and in equity.
(b) If you plan on purchasing any products on
this web site, you must first enter into an equineline.com customer
agreement with TJCIS.
TJCIS MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS TO ANY MATTER WHATSOEVER
INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OF ANY INFORMATION OR PRODUCT
FURNISHED ON THIS WEB SITE AND YOU ACCEPT SUCH INFORMATION AND PRODUCTS ON AN
"AS IS" BASIS.
(a) In no
event shall either party be liable to the other for any special, indirect or
consequential damages including, without limitation, loss of anticipated
profits or other economic loss in connection with or arising out of the
availability, existence, furnishing, or functioning of this web site or any
information provided to you on this web site.
(b) You understand and agree that with
multiple processing of complex data, and with reliance upon information
acquired from multiple sources, errors and omissions can and do occur despite
commercially reasonable efforts to avoid them, and TJCIS expressly disclaims
any responsibility or liability for any loss or consequential damages resulting
to you or any third party from errors or omissions in any information or
product provided to you on this web site. TJCIS shall not be liable for any
loss or damage, delay in performance or nonperformance caused by equipment
malfunction or breakdown, information unavailability, strikes or other labor
disputes, riots, fire, insurrection, acts of terrorism, war, failure of
carriers, the elements, accidents, acts of God, or any other causes beyond
TJCIS’ control whether or not similar to the foregoing.
(c) You acknowledge that TJCIS is not
responsible for notifying you of any upgrades, fixes or enhancements to any
software or for any compromise or loss of data transmitted across computer
networks or telecommunications facilities, including, but not limited to, the
agree to extend the limitation of liability contained in Paragraphs (a) and
(b) of this Section 4 to Daily Racing Form LLC, The Jockey Club, Equibase
Company LLC and all other third-party data providers.
shall, at it sole option, have the right to reprocess information provided to
you on this web site to correct any errors of which it is or becomes aware.
ON USE OF WEB SITE
(a) You understand and agree that all
information displayed on equineline.com is for your personal
use. All of the information on equineline.com is proprietary to or is
licensed to TJCIS. You agree not to use
any robot, spider, scraper or any other automated means, by whatever name
known, to access equineline.com for any purpose without TJCIS expressly
providing, in an authorized writing, such permission.
(b) You agree not to: (i) take any action
that imposes, or may impose in TJCIS’ sole discretion an unreasonable or
disproportionately large load on TJCIS’ infrastructure; (ii) copy, reproduce,
modify, frame, create derivative works from, distribute or publicly display any
content (except for your internal, personal, non-commercial use), disseminate,
distribute, or otherwise transfer or provide access to information displayed on
this web site without TJCIS having first provided you with an authorized signed
writing expressly permitting you to do so; (iii) interfere or attempt to
interfere with the proper working of equineline.com or any activities
conducted on equineline.com; (iv) bypass measures TJCIS may use to
prevent or restrict access to equineline.com; (v) access equineline.com by any means other than
through the interface that is provided by TJCIS for use in accessing equineline.com; or (vi) otherwise
violate the limited scope of permission hereby expressly granted. These
(c) You understand and agree that
information displayed on equineline.com is provided for your personal
use. You agree that you will not download information acquired hereunder with
the intent to database it for future use. TJCIS, at its sole discretion, will
determine if user activity patterns indicate that information is being used for
that information you acquire on this web site is being used for purposes other
access to this web site.
(a) This website and all systems, programs,
records, statistics, data, documentation, and any other material utilized or
developed by TJCIS and any and all information supplied on this web site shall
be and remain the sole property of TJCIS or its third party licensors. All
rights, title to, and interest in, including copyrights and renewals thereof,
all systems, programming, records, statistics, data, documentation, operator's
manuals, components, and accessories comprising the system furnishing the
services hereunder and provided by TJCIS shall remain the property of TJCIS or
its licensor at all times.
(b) equineline.com®, HealthBook™, Equine Online
Exchange®, Veterinary Management™, and Equine Online™ are trademarks of TJCIS.
You shall in no way appropriate such marks, or any one of them, as your own,
nor shall you use such mark, or any one of them, without having first obtained
the written permission of TJCIS.
(a) No waiver shall be effective unless made
agreement between the parties hereto unless you have entered into an equineline.com
customer agreement with TJCIS.
(c) The laws of the Commonwealth
of Kentucky, USA, applicable to agreements executed and
performed wholly within Kentucky,
shall govern the validity, interpretation and enforcement of these Terms of
Use. It is expressly agreed to by and between the parties hereto and any other
person or persons seeking to utilize the services provided for hereunder, that
any lawsuit brought against TJCIS shall be commenced and adjudicated only in
the United States District Court of the Eastern District of Kentucky or in
Kentucky State courts located in Fayette County.
(d) If any provision of these Term of Use or
their application is held to be invalid, illegal, or unenforceable in any
respect, the validity, legality or enforceability of any of the other
provisions and applications herein shall not in any way be affected or impaired.
(e) You hereby agree to indemnify and hold
TJCIS and its affiliates, directors, officers, employees, agents and
representatives harmless from all claims, liabilities, damages and expenses
(including attorneys' fees and expenses) arising out of or relating to: (i)
(f) By using this web site, you signify
you do not agree to these Terms Use, you must not use
this web site. TJCIS reserves the right
such changes are posted means that you accept such changes.