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Remote Support
Equibase Remote Customer Support Instructions:

At times, Equibase customer service representatives can use software that will allow us to view your computer screen and assist you with any technical issues you may have. Please only use this page if instructed by a Equibase customer service representative.

By clicking on the "I Agree" button, below, you agree to the Remote Customer Support Terms of Service

REMOTE SUPPORT USER AGREEMENT
By utilizing the Equibase Company LLC (“Equibase”) remote support services (“Services”) and by downloading the remote access software provided by Equibase (“Software”) to your computer, you (on behalf of yourself and/or the legal entity you represent) and Equibase acknowledge and agree:

1) That you will grant remote access to your computer to Equibase’s or its affiliates’ or subcontractors’ support personnel for the purposes of providing remote technical support and that you are authorized to grant access to the computer or other device to which the remote connection will be established.

2) That you are personally responsible for ensuring that a valid backup of any data and applications has been made prior to any activities undertaken via the Equibase remote support Software.

3) Equibase grants to you a nonexclusive and nontransferable license to use the Software in object code form solely for use on your computer in support of Equibase’s remote access services.

4) That because of complexity and variety of support cases and inevitable dependencies and reliance on third party technologies, all support is provided on a “commercially reasonable efforts” basis and Equibase may not be able to remedy some issues.

5) That you do not have private, confidential, secure or password sensitive applications, web pages, email, documents or the like open and running on your computer during remote support activities. Should you not comply with the provisions of the preceding sentence, you hereby waive any rights you may have to privacy or confidentiality.

6) That for reasons of providing good customer care we may help you with and offer solutions to issues that you may consider to be faults or problems but you acknowledge and agree that provision of any help for solving and/or circumventing the abovementioned issues shall not be deemed as an acknowledgement that any such issues would constitute errors or faults in our software or services.

7) You agree that except for the time-limited use of software for the purpose of solving your support problem, no other rights to software are granted to you.

8) That for the purposes of providing you with support and problem resolution services, (a) you may be asked to provide personally identifiable data (including emails and/or metadata thereof) to Equibase and/or (b) where necessary to resolve the support issue, data from your device that is identifiable to you may be collected and sent to Equibase for problem resolution analysis.

9) That all Services and Software are provided as-is and at your own risk. You acknowledge and understand that the support person providing you with Services is not familiar with interconnections, settings, or special applications on your device or all purposes to which your device is used for or for which the device is connected to. You acknowledge and agree that in no event will Equibase have any liability to you or any third party for damage to any computers, software applications, networks, peripherals or equipment which occurs as a result of or in connection with the performance of the Services or use of the Software.

10) That any suggestion given by Equibase to resolve the issue is only intended for the support issue at hand and is not intended or offered as a generic advice or as advice for any or all other purposes.

11) THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, EQUIBASE DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TIMELINESS, ACCURACY AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, EQUIBASE DOES NOT WARRANT THAT THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE.

12) SINCE USE OF THE SERVICES AND THE SOFTWARE IS AT YOUR OWN RISK, AT NO TIME SHALL EQUIBASE HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE TO EACH OTHER OR TO ANY THIRD PARTY RELATING TO OR ARISING UNDER THIS AGREEMENT OR ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGE OR DESTRUCTION TO COMPUTERS, SOFTWARE APPLICATIONS (THIRD PARTY OR YOUR OWN), NETWORKS, PERIPHERALS OR EQUIPMENT, THEIR, MALFUNCTION, OR ANY LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS.

13) This agreement shall become effective upon your initiating download of the Software and shall remain effective until terminated. Either party may terminate this agreement at any time upon written notice to the other party. Upon the termination of this agreement, you will delete the software from your system immediately.

14) This agreement shall be governed by and construed in accordance with the laws of the State of Kentucky, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this agreement shall remain in full force and effect. This agreement constitutes the entire agreement between the parties with respect to the use of the Software and provision of the Services. For the avoidance of doubt, the Terms of Use of equibase.com do not apply to the provisions of the Services and your use of the Software.

15) You may not assign, sublicense, or transfer this agreement, the Software, or any rights or obligations hereunder without prior written consent of Equibase. Any such attempted assignment, sublicense, or transfer will be null and void

Equibase Company is the Official Supplier of Racing Information and Statistics to America's Best Racing, Breeders' Cup, Daily Racing Form, ESPN, MSNBC, NTRA, The Jockey Club, TRA, TVG and XpressBet.

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