(b) If you plan on purchasing a PRODUCT, EQUIBASE shall provide you with the ability to select a User I.D. and Password. You shall maintain your User I.D. and Password in strict confidence. You shall be solely responsible for the maintenance of the confidentiality of your User I.D. and Password. Unauthorized sharing of a User I.D. and Password is prohibited.

(c) You shall be responsible for all electronic communications, including account registration and other account holder information, email and financial and other data ("Electronic Communications") entered through or under your User I.D. and Password. You authorize EQUIBASE to rely upon any information EQUIBASE receives from your User I.D. and Password and you acknowledge that EQUIBASE shall not, in any way, be liable as a result of EQUIBASE relying on any such information provided by you. EQUIBASE will act as though any Electronic Communications EQUIBASE receives under your User I.D. and Password were sent by you. You agree to immediately notify EQUIBASE if you become aware of any loss or theft or unauthorized use of your User I.D. and Password.

(a) If you make a purchase, you shall bear sole responsibility for the payment of any taxes imposed on your purchase and receipt of the PRODUCTS by the national and/or local jurisdictions of and within your country.

(b) Refunds or credits are granted at the sole and absolute discretion of EQUIBASE. Refund or credit requests should be submitted for review to the support e-mail address provided on the site or by phone. In the event of an EQUIBASE system failure while you are purchasing or receiving PRODUCTS, EQUIBASE will not charge your credit card account, or will provide a refund or credit for such usage, provided that the PRODUCT is not completely received by you.

(c) All charges to your credit card account by EQUIBASE shall be denominated in United States currency.

(d) By making purchases on equibase.com you authorize EQUIBASE to charge the primary credit card on file. Should a charge to that card be declined for any reason, you hereby authorize Equibase to charge any credit card you have on file with EQUIBASE.

EQUIBASE 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 HEREUNDER AND YOU ACCEPT SUCH INFORMATION AND PRODUCTS ON AN "AS IS" BASIS.

(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 any PRODUCT or information provided for under this Agreement.

(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 EQUIBASE expressly disclaims any responsibility or liability for any loss or consequential damages resulting to you or any third party from errors or omissions in the PRODUCTS. EQUIBASE 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 EQUIBASE's control whether or not similar to the foregoing.

(c) Customer acknowledges that EQUIBASE is not responsible for notifying Customer of any upgrades, fixes or enhancements to any Software (defined below) or for any compromise or loss of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.

(d) Customer agrees to extend the limitation of liability contained in Paragraphs (a) and (b) of this Section 4 to AXCIS Information Network, Inc., Daily Racing Form LLC, The Jockey Club and The Jockey Club Information Systems, Inc.

(e) EQUIBASE shall, at it sole option, have the right to reprocess information to correct any errors of which it is or becomes aware.

(a) You understand and agree that all information acquired hereunder is for your personal use. All of the information on equibase.com is proprietary to or is licensed to EQUIBASE by our users or third parties. You agree not to use any robot, spider, scraper or any other automated means, by whatever name known, to access equibase.com for any purpose without EQUIBASE expressly providing, in an authorized writing, such permission.

(b) You agree not to: (i) take any action that imposes, or may impose in EQUIBASE’S sole discretion an unreasonable or disproportionately large load on EQUIBASE'S 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 acquired from equibase.com without EQUIBASE 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 equibase.com or any activities conducted on equibase.com; (iv) bypass measures we may use to prevent or restrict access to equibase.com; (v) access equibase.com by any means other than through the interface that is provided by EQUIBASE for use in accessing equibase.com; or (vi) otherwise violate the limited scope of permission hereby expressly granted. These restrictions shall survive the termination of this Agreement.

(c) You understand and agree that information acquired hereunder is provided for use in an online or hardcopy print environment. You agree that you will not download information acquired hereunder with the intent to database it for future use. EQUIBASE, at its sole discretion, will determine if user activity patterns indicate that information is being used for purposes other than handicapping in an online or hardcopy print environment. If EQUIBASE determines that information is being used for purposes other than handicapping in an online or hardcopy print environment, EQUIBASE shall immediately terminate any subscriptions, deactivate any accounts and no refunds will be issued.

(d) You understand and agree that EQUIBASE provides the capability to search and display horse names, along with other indicative information for horses, to facilitate the running of certain EQUIBASE and/or third party products. Use of this capability to search and display horse information for reasons other than as provided for in this Paragraph 5(d) is prohibited and EQUIBASE shall restrict access for unauthorized use, which use shall be considered a material breach of this Agreement.

(a) This website and all systems, programs, records, statistics, data, documentation, and any other material utilized or developed by EQUIBASE in connection with this Agreement and the PRODUCTS and information supplied hereunder shall be and remain the sole property of EQUIBASE 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 EQUIBASE shall remain the property of EQUIBASE or its licensor at all times.

(b) ChartPlus™, Virtual Stable™, E Graphs™, Euroform™, Results Ticker™, Rollover Downloads™ and Equibase® are trademarks of Equibase Company LLC. You shall in no way appropriate such mark as your own, nor shall you use such mark without having first obtained the written permission of EQUIBASE.

(c) You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Software for any PRODUCTS, without EQUIBASE's written consent.

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

(b) This Agreement represents the entire agreement between the parties hereto.

(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 THIS AGREEMENT. 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 EQUIBASE 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 this Agreement or its 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 EQUIBASE 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 website or (ii) any alleged breach of this Agreement by you.

(f) By using this website, you signify your agreement to the terms and conditions of this Agreement. If you do not agree to the terms in this Agreement, you must not use this website. EQUIBASE reserves the right to change the terms of this Agreement at any time, and your use of this website after such changes are posted means that you accept such terms as revised.