1 EQUINELINE.COM CUSTOMER AGREEMENT
(b) If you plan on purchasing any products on this web site, you must first enter into an equineline.com customer agreement with TJCIS.
3 NO WARRANTYTJCIS 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.
4 LIMITATION OF LIABILITY
(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 Internet.
(d) You 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.
(e) TJCIS 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.
5 RESTRICTIONS 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 onequineline.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.
6 PROPRIETARY DATA
(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.comÂ®, HealthBookâ„¢, Equine Online ExchangeÂ®, Veterinary Managementâ„¢, and Equine Onlineâ„¢ 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 in writing.
(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.