THE FOLLOWING TERMS OF USE OF THIS WEB SITE ARE PRECEDENT 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”)

EQUINELINE.COM IS OWNED AND OPERATED BY THE JOCKEY CLUB INFORMATION SYSTEMS, INC. (“TJCIS”)

 

1 EQUINELINE.COM CUSTOMER AGREEMENT

 

Please note that these Terms of Use also apply to persons who have entered into an equineline.com customer agreement with TJCIS. In the event of any conflicting terms between these Terms of Use and your equineline.com customer agreement, the terms of your equineline.com customer agreement shall control.

 

2 TERMS

 

(a) TJCIS may, at its option, terminate this service to you, without notice, for material breach of these Terms of Use, including, without limitation:

 

(i) If you impair or attempt to impair the integrity of TJCIS’ computer programs, information or services.

 

(ii) A violation of section 5 below; provided, however, that TJCIS will still be able to exercise all of its other rights and remedies under these Terms of Use at 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.

 

3 NO WARRANTY

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.

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 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 restrictions shall survive the termination of these Terms of Use.

(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 purposes other than as provided for in these Terms of Use. If TJCIS determines that information you acquire on this web site is being used for purposes other than as provided for in these Terms of Use, TJCIS may immediately block your access to this web site.

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.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.

7 MISCELLANEOUS

 

(a) No waiver shall be effective unless made in writing.

(b) These Terms of Use represent the entire 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) your use of this web site or (ii) any alleged breach of these Terms of Use by you.

 

(f) By using this web site, you signify your agreement to these Terms of Use. If you do not agree to these Terms Use, you must not use this web site. TJCIS reserves the right to change these Terms of Use at any time, and your use of this web site after such changes are posted means that you accept such changes.