Website Terms and Conditions


Last updated: March 29, 2017

1. GENERAL

1.1 Governing Agreement. These Website Terms and Conditions ("Terms") constitute the agreement, and govern the relationship, between you and the organizers of the International Forum for the Aftercare of Racehorses and any other entity that the foregoing entities choose to add to these Terms from time to time (collectively, the "Organizers", sometimes referred to as "Our" or "Us" or "We") regarding your use of the website located at www.internationalracehorseaftercare.com ("Website") and related Services. Collectively, information and services provided through the Website are hereinafter referred to as the "Service". "Organizers" includes the affiliates, subsidiaries, parent companies, joint ventures and other entities controlling, controlled by or under common control with the organizers of the International Forum for the Aftercare of Racehorses. By accessing or using the Service or the Website, you accept and agree to be bound by these Terms and consent to the collection, use and storage of your information as outlined in the Website's Privacy Policy.

1.2 By using the Service, you affirm: (a) that you are at least 18 years of age (or if 18 is not the age of majority where you live, have reached the age of majority there) or (b) that you have reviewed these Terms and the Privacy Policy with your parent or guardian and he or she assents to these Terms and the Privacy Policy on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations and representations set forth in these Terms and to abide by and comply with these Terms.

1.3 Privacy Policy. Our Privacy Policy, which is incorporated herein by reference, also relates to use of the Service. Your privacy is important to Us. Our Privacy Policy makes important disclosures about how We collect and use your information and content and how you can use the Service to share such information with others. We encourage you to read the Privacy Policy carefully and use it to make informed decisions.

1.4 Updates to the Terms and Privacy Policy. We reserve the right to amend, remove or add to these Terms or the Privacy Policy at any time which amendments, removals or additions will be effective upon posting to this website. It is your responsibility to check these Terms and the Privacy Policy periodically for changes. Your access, link to, or use of this website, or any Service or other item on this website, after the effective date of any changes to these Terms or the Privacy Policy posted on the website, will constitute YOUR ACCEPTANCE OF THESE TERMS, INCLUDING THE PRIVACY POLICY, as modified.

If, at any time, you do not wish to accept these Terms, you may not access, link to, or use the Service. Any terms and conditions proposed by you which are in addition to, or which conflict with, these Terms are expressly rejected by Us and shall be of no force or effect. We may also revise other policies, codes or rules at any time, and the new versions will be available at www.internationalracehorseaftercare.com. No amendment to the Terms or Privacy Policy shall apply to any dispute of which We had actual notice before the date of the amendment.

These Terms may not be otherwise amended except in a writing hand signed by you and Us. For purposes of this provision, "writing" does not include an e-mail message and a signature does not include an electronic signature.

If at any point you do not agree to any portion of the then-current version of our Terms, the Privacy Policy, or any other policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate and you must immediately stop using the Service. To the extent these Terms or the Privacy Policy conflict with any other terms, policy, rules or codes of conduct of an Organizer, the terms contained in these Terms and in the Privacy Policy shall govern.

2. LICENSE

2.1 Grant of a Limited License to Use the Service. Subject to your acceptance of and continuing compliance with these Terms and any other relevant policies, We grant you a non-exclusive, non-transferable, revocable and limited license, subject to the limitations contained in these Terms, to access the Website and to use the Service through a supported web browser (such as Microsoft Internet Explorer or Google Chrome) solely for your informational purposes. You agree not to use the Service for any other purpose.

Any information or data that We make available as part of the Service are provided exclusively for your own personal informational purposes.

2.2 Accessing Website and the Service. By accessing or using Website and the Service, including browsing, you accept and agree to these Terms and the Privacy Policy. If you are between the ages of 13 and 17 (or older if required in your state of residence), you represent that your legal guardian has reviewed and agreed to these Terms on your behalf.

You must provide all equipment and software necessary to connect to the Service. You are responsible for any fees, including Internet connection or mobile fees that you incur when accessing the Service.

2.3 Notice Regarding Contents of Website. The Website provides information pertaining and provided to the International Forum for the Aftercare of Racehorses and its members, observers, and committees, among other information. The Website contains presentations, papers, statistics, data, and other information provided by aftercare organizations and program, horse racing and breeding authorities or other third parties. The information provided on the Website is general in nature and is intended solely for informational purposes. This information comes from sources believed to be reliable, but We do not guarantee it as to accuracy, validity, timeliness, completeness, usefulness, suitability towards any specific objective, or in any other way. You should review the information carefully and use it as a point of reference only, and should confirm the information contained herein with other sources. Nothing herein should be acted upon without first referencing and complying with applicable laws that oversee racing or breeding in your state, country, or region. While we may provide links to other Internet sites for the convenience of users, We are not responsible for the accuracy, timeliness, or suitability, availability, or content of these external sites, including, information on such sites regarding the International Forum for the Aftercare of Racehorses, nor do we endorse, warrant, or guarantee the products, services, or information described or offered at these other Internet sites. Users cannot assume that the external sites will abide by the same Privacy Policy to which We adhere.

2.4 Limitations on Use. Any use of the Service in violation of these Limitations on Use is strictly prohibited, can result in the immediate revocation of your limited license granted under these Terms, and may subject you to liability for violations of law or of these Terms. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SERVICE, INCLUDING UNDERMINING OR MANIPULATING THE OPERATION OF THE WEBSITE, IS A VIOLATION OF THESE TERMS AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. If We believe you have violated any of these Terms, We may immediately terminate your access to the Service, with or without notice to you.
      2.4.1. Unauthorized Use or Connection to the Service. You agree that you will not, under any circumstances:
      a. Copy, modify or distribute rights or content from the Website, or Our copyrights or trademarks or use any method to copy or distribute the content of the Service, except as specifically allowed in these Terms.

2.5 Suspension and Termination of Service. WITHOUT LIMITING ORGANIZERS' RIGHTS TO SEEK OR TO EXERCISE ANY OTHER REMEDIES, WE HAVE THE RIGHT TO LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE ACCESS TO THE SERVICE OR PORTIONS THEREOF, WITH OR WITHOUT NOTICE TO YOU, IF WE SUSPECT THAT YOU ARE FAILING TO COMPLY WITH ANY OF THESE TERMS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. WITHOUT LIMITING ORGANIZERS' RIGHTS TO SEEK OR TO EXERCISE ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE, PROHIBIT ACCESS TO OUR WEBSITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.

We reserve the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service, or a part thereof, will be automatically terminated or suspended. In such event, We shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.

2.6 Ownership.
       2.6.1.Service. The Service, including without limitation any titles, computer code, software, themes, objects, photographs, horse names, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, and documentation are works owned or licensed by Us. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service and its content. All data provided herein is subject to copyright of International Forum for the Aftercare of Racehorses, all rights reserved.

3. COPYRIGHT NOTICES/COMPLAINTS
It is Our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). We reserve the right to terminate without notice any user's access to the Service if We determine, in its sole discretion, that such user is a "repeat infringer."

4. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION

4.1 DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TIMELINESS, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO BE THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).

WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR INTERNATIONAL FORUM FOR THE AFTERCARE OF RACEHORSES MEMBERS, OBSERVERS, SPONSORS, AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, "OUR PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THE ACCURACY, QUALITY OR APPROPRIATENESS OF ANY CONTENT ON THE WEBSITE.

4.2 LIMITATIONS; WAIVERS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OF ACTION WHATSOEVER IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT OUR PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

THE LIMITATIONS IN THIS SECTION 4 APPLY WHETHER THE ALLEGED LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT OUR PARTIES SHALL NOT BE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD OUR PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL OUR PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE SERVICE WITHIN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN ADDITION, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WITH MULTIPLE PROCESSING OF COMPLEX DATA AND RELIANCE UPON INFORMATION ACQUIRED FROM MULTIPLE SOURCES ERRORS AND OMISSIONS CAN AND DO OCCUR DESPITE COMMERCIALLY REASONABLE EFFORTS TO AVOID THEM. NEITHER WE NOR OUR THIRD PARTY DATA PRVOIDERS SHALL HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGES RESULTING TO YOU OR TO ANY THIRD PARTY FROM ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION CONTAINED ON WEBSITE.

THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 4 AND ELSEWHERE IN THIS AGREEMENT SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION DOES NOT EXCLUDE LIABILITY FOR PERSONAL INJURY TO A PERSON OR DEATH TO THE EXTENT THAT SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

4.3 Indemnification. You agree to indemnify, defend, save, and hold Us, and Our Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation of law (including, without limitation, the securities law of the United States and/or any of the individual U.S. states) by you, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with Our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your use of the Service.

5. SEVERABILITY

You and Us agree that if any portion of these Terms or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of these Terms, which shall continue to be in full force and effect.

6. GENERAL PROVISIONS

6.1 Assignment. We may assign or delegate these Terms and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or Privacy Policy without Our prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

6.2 Entire Agreement. These Terms, any supplemental policies and any documents expressly incorporated by reference herein (including the Privacy Policy), contain the entire understanding of you and Us, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Us with respect to the Service.

6.3 No Waiver. Our failure to require or enforce strict performance by you of any provision of these Terms or the Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of Our right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Us of any provision, condition or requirement of these Terms or the Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers or other acts or omissions by Us shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, signed by both parties.

6.4 Notices. We may notify you via postings on www.internationalracehorseaftercare.com. If you are a user in the United States, all notices given by you or required from you under these Terms or the Privacy Policy shall be in writing and addressed to: International Forum for the Aftercare of Racehorses, c/o The Jockey Club, Attn: LEGAL DEPARTMENT, 821 Corporate Dr. Lexington, KY 40503.

Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

6.5 Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to Us are of a unique and irreplaceable nature, the loss of which shall irreparably harm Us and which cannot be replaced by monetary damages alone. Accordingly, We shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 4.2 (if any).

6.6 Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside Our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Our control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

6.7 Language of the Terms. If we provide you with a translation of the English language version of these Terms, the Privacy Policy or any other policy (collectively "Policies"), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the Policies. In the event of a conflict between a translation of the Policies and the English version, the English version of the Policies will control.

6.8 Law and Forum for Legal Disputes. These Terms and any dispute arising out of or related to them or the Website shall be governed in all respects by the laws of the Commonwealth of Kentucky as they apply to agreements entered into and to be performed entirely within the Commonwealth of Kentucky between Kentucky residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against the Organizers must be resolved exclusively by a state or federal court located in the Commonwealth of Kentucky, County of Fayette, City of Lexington. You agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Kentucky, County of Fayette, City of Lexington for the purpose of litigating all such claims or disputes. We and you both hereby waive our rights to trial by jury.

The Service is operated out of the United States of America. We do not represent the content or materials present in the Service are appropriate for use in other locations. If you access the Service from a jurisdiction outside of the United States, you agree that you do so on your own initiative, and are responsible for compliance with local laws where you reside or where you access the Service, if and to the extent that such laws are applicable to your use of the Service.

6.9 Survival. The provisions of Subsection 2.2 and Sections 4 through 6 inclusive shall survive the termination of this agreement