1. “EQUINEDGE Technology” means all of EQUINEDGE's proprietary technology (including documentation, software, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by EQUINEDGE in providing the Services.
2. “Services” means the provisioning of access and use of this site, any EQUINEDGE Technology, your Account and any Subscriptions, including as related to horse racing, handicapping, wagering data and betting tickets as developed, operated, and maintained by EQUINEDGE, having characteristics as described in the site.
1. Some of the Services offered through the site require you to establish an online user account (“Account”) with us. Your Account will be identified by a unique Account Name and Password.
2. In setting up an Account you will need to provide your first name, last name, state of residence, and email address. We may additionally allow you to optionally include a profile picture associated with your Account as well.
3. You are responsible for all activity occurring under your account to access the Services and shall abide by all applicable laws and regulations in connection with your use of the Services.
4. You agree not to disclose, transmit, post or give away or otherwise share your Password with any third party. You shall notify Us immediately of any unauthorized use of your Password or Account or any other known or suspected breach of security.
5. You may only use the site if you are 18 years of age or older. Likewise, to register for an Account, purchase products via the site, subscribe to receive any content or other marketing or promotional material from us (in any form and via any media) (a “Subscription”), you must be 18 years of age or over. If you are under 18 years of age or not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian's permission to use the site.
6. Subscriptions automatically renew until cancelled.
7. You may cancel a Subscription at any time by following the instructions provided in the site or as included in your Subscription product purchase, redemption, or renewal confirmation email, all subject to these Terms of Use.
8. Cancellation will cease auto-renewal of Subscriptions, but Subscription Fees are non-refundable except where required by law.
1. Some the Subscriptions require payment of Subscription Fees as described in the site. Subscription Fee will be collected in advance of provision of the applicable Subscription. Subscription Fees will be collected via credit card payment.
2. We reserve the right to modify Our fees, including Subscription Fees, for any renewal term and to introduce new charges, upon at least 30 days' notice to you prior to the end of the then current term (which notice may be provided by email). You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
3. All payment obligations are non-cancelable and all amounts paid are nonrefundable. You are responsible for paying for all fees the entire term, whether or not the Services are actively used. Our fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Our income.
1. All content on this site (including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) and as provided via the Services are the exclusive property of and owned by Us and/or our content providers, and is protected by copyright, trademark and other applicable laws.
2. The site and its contents are intended solely for personal, non-commercial use.
3. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the materials you access, copy, download or print. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way the site or any of its contents, or any information provided via the Services. Unless otherwise specified, the site and its contents are intended to promote our products and/or services available in the U.S.
4. Further Restrictions. Except as expressly provided herein, you will not, and you will not encourage or create functionality for you or other third parties to:
1. Your use of this site and the Services is at your sole risk. The site and the Services are provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time.
2. We expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are noninfringing, as well as warranties implied from a course of performance or course of dealing, that access to the site will be uninterrupted or error-free, that the site will be secure, that the site or the server that makes the site available will be virus-free, or that information on the site will be complete, accurate or timely.
3. No advice or information whether oral or written, obtained by you from Us or through or from the site or the Services shall create any warranty of any kind. We do not make any warranties or representations regarding the use of the materials on this site or the Services in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Past performance is no guarantee of future results, including as in relation to betting tickets and handicapping information.
4. If you download any materials from this site or the Services (including betting tickets), you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials.
1. You acknowledge and agree that you assume full responsibility for your use of the site and the Services. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law neither us nor our affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us or the delay or inability to use the site or for any information, products, or services advertised in or obtained through the site, or our removal or deletion of any materials submitted or posted on the site or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if we, our affiliates or any of our suppliers have been advised of the possibility of damages.
2. This disclaimer applies without limitation to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication on-line failure, network or system outage, your loss of profits or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss.
3. Your sole and exclusive remedy for any of the above claims or any dispute with us regarding the site is to discontinue your use of the site and the Services.
4. You and Us agree that any cause of action arising out of or related to the site or the Services must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.
You agree to indemnify, defend and hold harmless Us and any of Our affiliates and our respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney's fees and court costs, arising or resulting from that disruption. We reserve the right, at Our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such a case, you agree to cooperate with us in the defense of such matter.
Our policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by our employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We have the right but not the obligation to monitor, edit and/or remove any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
These Terms of Use shall be binding upon and inure to the benefit of both of Our and your heirs, legal representatives, successors, and assignees. You may not assign these Terms of Use or any of its rights or obligations hereunder without prior written consent from Us. We may freely assign these Terms of Use to another party provided We give you written notice, including my updating these Terms of Use.
1. Relationship of the Parties. The parties agree and acknowledge that the relationship of the parties is in the nature of an independent contractor. These Terms of Use shall not be deemed to create a partnership or joint venture and neither party is the other's agent, partner, employee or representative.
2. No Trademark Usage. Except as provided herein, neither party may use the name, trade name, trademark, domain name or other designation of the other party in connection with any products, promotion or advertising without the prior written permission of the other party.
3. Force Majeure. Neither party shall be liable to the other for any delay or failure to perform due to causes beyond its reasonable control. Performance times shall be considered extended for a period of time equivalent to time lost because of any such delay by providing prompt written notice of such expected delay to the other party.
4. Governing Law, Venue and Attorney's Fees. These Terms of Use shall be construed and enforced in accordance with the laws of the State of California. Any action or proceeding brought by any of the parties against the other arising out of or relating to these Terms of Use shall be brought exclusively in a court of competent jurisdiction, located within the county of Orange, California, and the parties hereby consent to the in personam jurisdiction of such courts for purposes of any such action or proceeding. If any action or proceeding is brought to enforce the terms of these Terms of Use the prevailing party in such action or proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred, whether or not suit is prosecuted to judgment.
5. Remedies. It is understood and agreed that Our remedies at law for a breach by you or your obligations under these Terms of Use without Our prior express written consent, will be inadequate and that in the event of any such breach or threatened breach, We shall be entitled to equitable relief without the necessity of posting any bond (including without limitation preliminary and permanent injunctive relief) in addition to all other remedies provided hereunder or available at law.
6. Enforceability. If any condition or provision of these Terms of Use is found by a court of competent jurisdiction to be for any reason unenforceable or invalid, the remainder of these Terms of Use will remain enforceable with the omission of said invalid or unenforceable portion thereof, as though said unenforceable portion had never been included herein.
7. Non-Waiver. The waiver of failure of either party to exercise any right in any respect provided for herein shall not be deemed to be a waiver of any further right hereunder.
8. Entire Agreement. These Terms of Use expressly supersedes any and all previous agreements either written or oral between the parties and can only be modified by a subsequent written agreement between the parties.