Terms & Conditions
Access. Access to or use of this Site or any of its content may be conditioned, limited, suspended, or terminated in whole or in part by Company at any time without advance notice and for any reason whatsoever. Company may also condition, limit, suspend, or terminate any component, content, or functionality of this Site at any time without advance notice and for any reason whatsoever.
Content. All content, code, forms, processes, and information posted to and comprising this Site, including, but not limited to, all graphics, images, photographs, videos, audio, digital downloads, data compilations, and text, and the “look and feel” of this Site (e.g., color combinations, button shapes, layout, and all other graphical and navigational elements used in this Site) (collectively, the “Content”), are the exclusive, proprietary, and confidential property of Company. In the event Company authorizes you to post any content to this Site, you hereby represent and warrant that such content is your own original work of authorship, free of any third-party interest, and grant to Company an unlimited, world-wide, royalty-free, nonexclusive, irrevocable, and perpetual right to use, publish, copy, distribute, and make derivative works of such content.
Username and User Password. In the event you become a registered user of this Site, you must provide accurate and complete information. If you provide any information that is untrue, inaccurate, or incomplete, or Company has reasonable grounds to suspect you of the foregoing, Company may suspend or terminate your account and access to the Site. You shall be solely responsible for maintaining the confidentiality and security of any username and password elected by or assigned to you, and you may not assign, transfer, or sublicense your rights as a registered user of the Site. Company shall hold you responsible for any and all activities which occur under your user account and not directed by Company. You may not register for more than one account, create an account on behalf of someone else, or create a false or misleading identity on this Site. Any unauthorized use of your username or password should be reported immediately to Company.
Arbitration. At Company’s election, any dispute arising from this Agreement or your use of this Site or any of the Content may be resolved by final and binding arbitration under the rules of the American Arbitration Association, to be held in Baltimore, Maryland, at any time before suit is filed with a court of competent jurisdiction.
Indemnification. By using this Site you agree to indemnify and hold harmless Company and its affiliates, and their respective directors, employees, agents, and representatives, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or resulting from your use of this Site, the platform and software comprising the Site, or any of the Content or from your breach of this Agreement. If you cause a technical disruption of this Site or the systems transmitting this Site, you hereby agree that you will be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, expert fees, and court costs, incurred by Company or any third party and arising out of or resulting from that disruption. Company reserves the right to assume exclusive defense and control of any matter subject to this indemnification provision and you shall cooperate with Company in the defense of such matter.
Warranty; Limitation of Liability. THIS SITE, EACH COMPONENT THEREOF, AND ALL CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, ERROR-FREE OPERATION, ACCURACY, CORRECTNESS, OR RELIABILITY, FREEDOM FROM MALWARE, COMPATABILITY WITH ANY HARDWARE OR APPLICATION, OR THAT THE QUALITY OF ANY PRODUCT OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. UNDER NO CIRCUMSTANCES SHALL COMPANY BE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF YOU OR ANY THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COMPANY NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES, SHALL BE LIABLE FOR ANY INJURY OR DAMAGE INCURRRED BY YOU OR ANY THIRD PARTY THAT ARISES FROM OR IS RELATED TO ANY USE OF THIS SITE OR CONTENT, OR ANY LINK TO OR USE OF ANY THIRD-PARTY WEBSITE OR PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOST REVENUE, PROFITS, OR BUSINESS, OR PUNITIVE OR SPECIAL DAMAGES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF ANY OF THE FOREGOING LIMITATIONS OF LIABILITY, OR THE EXCLUSION OF WARRANTIES SET FORTH ABOVE, IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN YOU HEREBY EXPRESSLY AGREE THAT THE MAXIMUM LIABILITY THAT COMPANY SHALL HAVE FOR ANY AND ALL INJURIES INCURRED BY YOU, INCLUSIVE OF COSTS AND EXPENSES, SHALL NOT EXCEED A TOTAL AMOUNT OF THE GREATER OF ONE HUNDRED DOLLARS (U.S. $100.00) IN THE AGGREGATE.
Any products or services purchased through this Site shall also be subject to the Terms of Subscription as described further down in this document.
TERMS OF SUBSCRIPTION
End User License Agreement. By opening an account or otherwise using the Horse Report System, www.horsereportsystem.com, you, as well as any third party you invite as a Team Member as you Subscription allows, acknowledge and agree that (1) you (they) have read these terms of subscription end user agreement (these “Terms of Subscription”); (2) you (they) understand all of these Terms of Subscription; (3) you are bound by the terms of these Terms of Subscription; and (4) you (they) may receive, without further notice, communications from Company related to the system. If you (they) do not agree to the foregoing, you do not have a license to, and will not use, the system. Subscribers’ rights, limitations, and obligations regarding the System are set forth below.
Account. Company reserves the right to modify or terminate its Subscriptions.
Unless earlier terminated in accordance with these Terms of Subscription, your Subscription will continue for the period set forth in the terms of the Subscription Level you select. To use the System, you must have Internet access and, depending on the Subscription Level, you must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”). Company does not support all payment methods, currencies or locations for payment. Depending on your location, the type of Payment Method used, and where your Payment Method was issued, your Subscription may be subject to foreign exchange fees or differences in prices, including because of exchange rates. If the Payment Method you use, such as a credit card, reaches its expiration date and you do not edit your Payment Method information, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues through the end of the Subscription period you elected at time of purchase. Upon setting up an Account, you agree to Company storing your payment and profile information and any information about third parties to whom you issue a login profile.
Billing Cycle. We will bill the Subscription fee to your Payment Method upon initial order and each renewal period (e.g., monthly). We reserve the right to change the timing of our billing, in particular if your Payment Method has not settled successfully. You must cancel your Subscription before it renews in order to avoid having the next Subscription period’s fees billed to your Payment Method. Cancellation instructions are set forth below under “cancellation.”
Prices; Taxes. The prices reflected for a Subscription on the date you open an account constitute the effective prices for use of the various components of the System available to a Subscription Level notwithstanding any prior or subsequent lists or quotations. You shall be solely responsible for all sales and use taxes, VAT taxes, and any other assessments applicable to your Subscription. Taxes shall be charged based on the aggregate purchase price of the Subscription and your location. Failure to pay any amount due may result in the termination of your Subscription.
Refunds. Payments are nonrefundable. We do not provide refunds, even for lack of usage or dissatisfaction. From time to time Company may provide a discount, credit, or refund at its sole discretion. The provision of a discount, credit, or refund in one instance does not entitle you or your family members, friends, colleagues, or any other third party to any discount, credit, or refund in the future or for similar circumstances, nor does it obligate Company to provide discounts, credits, or refunds in the future, for any reason.
Cancellation. You may cancel your Subscription at any time, and you will have continued access to the System, in accordance with your Subscription Level, through the end of the period of your Subscription. There is no refund or credit for any unused portion of a subscription period. Please contact email@example.com if you wish to cancel your Subscription.
The System contains material that is protected by copyright, trademark, and trade secret laws in the U.S. and by international treaty provisions. The System is licensed, not sold or given to you. That means you can use the System, to the extent of the functionality of the Subscription Level, but you do not own it or any part of it. Company exclusively owns the System and all intellectual property rights in and related to it. The license granted to you above permits you and any third party you invite as “Team Member” as part of your Subscription to:
(1) Use the System, in accordance with your Subscription Level, until your Subscription expires or it is terminated by Company; (2) access, load, store, and operate the System with browser software; (3) access the System, including its content, via the Internet; (4) create, display, download, and print the data you or the third party to whom you issue a login profile insert or the reports you or he/she generate form such data; and (5) use the System for non-commercial education and enjoyment or for those business purposes applicable to the Enterprise Subscription Level.
NEITHER YOU NOR ANY THIRD PARTY AFFILIATED WITH YOUR ACCOUNT (“TEAM MEMBER”) MAY:
1) Decompile, reverse engineer, disassemble, or create derivative works from the System or any component of the System;
2) Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark, and patent designations contained in the System;
3) Display or otherwise make available the System or any component of the System to any third parties unless specifically permitted by Company via an Enterprise Subscription;
4) Use the System for any commercial purpose, including, but not limited to, renting, leasing, or selling the System or any component.
5) Assign, rent, lend, lease, sell, sublicense, transfer, export from the U.S., copy, reproduce, modify, adapt, or translate the System or any component;
6) Remove, modify, hide, or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on the System, component thereof or output therefrom;
7) Interrupt, or attempt to interrupt, the operation of the Site in any way; or
8) Tamper with, or attempt to tamper with, or dismantle any protective measures that effectively control access, reproduction, or distribution of the System.
The foregoing list of prohibited conduct is not intended to be exhaustive. Company reserves the right to log off Subscribers or authorized third parties who are inactive for an extended period of time and/or who violate any provision of these Terms of Subscription or applicable law.
Grant of License to Company. By completing your account profile on the System, you grant Company a non-exclusive, limited, irrevocable right to use your information or the information of third parties to whom you issue a login profile, to contact you or the third parties to whom you issue a login profile with respect to your Account or the System, and to use your data or the data provided by third parties to whom you issue a login profile in order to display, sort, organize, or track the data; generate reports that are available under your Subscription Level; investigate problems; maintain or service your Account; and run analytics on the System or the uses of the System for Company’s own business purposes (in which case, Company will de-identify your data (or the data provided by third parties to whom you issue a login profile) in accordance with standard industry practices).
Applications. Should Company offer components of the System through applications built using System’s platform (“Applications”) and you or any third party to whom you issue a login profile use the Application or interact with a website that has deployed a plugin, you agree that information about the use of the System or System component by you or any third party to whom you issue a login profile, including, but not limited to, your or his/her device, mobile carrier, Internet access provider, physical location, or web pages containing Company plugins may be communicated to Company. Further, by importing any of your or his/her profile data through the Application, you represent that you have or he/she has authority to share the transferred data with the mobile carrier or other access provider. In the event you or any third party to whom you issue a login profile change or deactivate your or his/her mobile account, you must promptly update your Account information to ensure that messages are not sent to the person that acquires the old number and failure to do so is your responsibility. You acknowledge that Company is not responsible for any charge or permission related to accessing the System through a mobile access provider.
Resale. You may not resell or otherwise transfer a Subscription without Company’s express written consent. You (or your parent) hereby represent and warrant that your Subscription is not being purchased for resale and that you and any third party to whom you issue a login profile are the consumer of the Subscription. For purposes of the foregoing, “consumer” means an individual or entity who or which purchases and uses the Subscriptions for personal or internal business needs or enjoyment with no intent of resale or profit.
Export Controls. Your use of the System, as well as the use of the System by any third party to whom you issue a login profile, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You must not export, re-export, transfer, divert, or otherwise dispose of any component of the System. You also represent and warrant that you are not prohibited from receiving U.S. origin products, including services or software. You are solely responsible for fulfilling any applicable governmental requirements in connection with your use of the System or the use of the System by any third party to whom you issue a login profile,.
Limited Warranty. The system is provided “as is”. Company makes no warranties of any kind related to the system, any component thereof, any combination thereof, or its functionality in whole or in part, whether express or implied, including, but not limited to, merchantability, fitness for a particular purpose, accuracy, defect-free, or non-infringement.
Limitation of Liability. To the maximum extent permitted by law, company shall not be liable to you or your heirs, personal representatives, successors, or assigns, or any third party, for any loss or lability threatened or incurred by you or any third party that results or is related to your use or the third party’s use, nonuse, or access to the system, any report generated by the system, or any use by company of your data or the third party’s data in accordance with the license you granted to company in these terms of subscription. In the event that this limitation of liability provision is held to be inapplicable or unenforceable for any reason or in any part, then the maximum liability that company shall have for any and all injuries to you, your heirs, personal representatives, successors, or assigns, or any third party, inclusive of costs and expenses, shall not exceed the amount paid, if any, for your subscription. Under no circumstances shall company be liable for the early termination of your subscription if a result of your non-compliance, or the non-compliance of a third party, with these terms of subscription or applicable law, if company reasonably determines that it must do so in order to comply with law or any legal proceeding, or if company discontinues the system in its entirety for any reason.
Amendments. Company reserves the right to amend and/or restate these Terms of Subscription at any time with no less than thirty (30) days’ advance notice. All amendments or restatements of these Terms of Subscription shall become effective immediately upon their posting to the Site unless otherwise expressly noted. Should you or any third party to whom you issue a login profile use this Site following the posting of any amendments or restatements, such use shall be deemed conclusive evidence of your acceptance of all posted amendments and restatements.
Governing Law. These Terms of Subscription, the purchase of a Subscription, and your use, including the use by any third party to whom you issue a login profile, of the System shall be construed and enforced in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles.
Disputes. Any dispute which cannot be satisfactorily resolved after thirty (30) days advance, written notice delivered to Company (firstname.lastname@example.org) may be resolved by any state or federal court located in the State of Maryland unless otherwise required by law. The use by you or by any third party to whom you issue and invitation to join your Subscription, of any feature or component of the System, including, but not limited to, setting up an Account or profile, indicates that you consent to the personal jurisdiction of the courts of the State of Maryland. Each party hereby waives any right to a trial by jury in any such suit.