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| TERMS OF USE |
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| General |
| Goose Creek Analytics LLC (collectively "CaseTheRace.Com") provides you with access to this Web site and the services available on this Web site, or other Web sites as indicated below (collectively, the "Services," which will be defined more under the Section, "Services."). Access to and use
of the Services is governed by these Terms of Use (the "Agreement"). By accessing or using the Services, you indicate your assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms. |
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| Services |
| The content of this Website and our handicapping data reports are made available to you for information purposes only. |
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| Only Personal Use is Authorized |
| Under this Agreement, CaseTheRace.Com gives you limited permission to access and use the Services only for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally
to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or service obtained by your use of the Services.
This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without CaseTheRace.Com' express permission. |
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| Your right to access the Services is subject to any limits established by CaseTheRace.Com. You agree that you will not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy the Services except those automated means expressly made available by CaseTheRace.Com,
if any, or authorized in advance and in writing by CaseTheRace.Com (for example, CaseTheRace.Com approved third party tools and services). The Web site contains robot exclusion headers and you agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Services. Without limitation
to the foregoing, you further agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure (as determined by CaseTheRace.Com). |
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| The technology underlying, and content within, the Services is owned by CaseTheRace.Com and/or its licensors (including CaseTheRace.Com’ advertisers and other content providers) and is protected by copyright and other intellectual property or proprietary rights. If you use the Services other than as provided above, you
may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. As between you and CaseTheRace.Com, CaseTheRace.Com owns and retains all ownership of the technology underlying and all rights to content within the Services, and reserves all rights not explicitly granted to you in this Agreement. |
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| Disclaimer of Warranties |
| The content of this Website is made available to you for information purposes only and are provided "as is" and "as available". You expressly understand and agree that your use of any such information is at your sole risk. |
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| CaseTheRace.Com MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH REGARD TO THE ACCURACY, SUFFICIENCY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT PROVIDED ON THIS WEBSITE. IN NO EVENT WILL CaseTheRace.Com AND/OR ITS PARENT AND AFFILIATES BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS, EXPENSE OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY YOUR USE OF THIS WEBSITE, THE USE OF ANY HYPERLINKED WEBSITES, ANY DECISION MADE AS A RESULT OF SUCH USAGE, OR ANY ACTION TAKEN BY YOU IN RELIANCE ON INFORMATION
OBTAINED THROUGH THE USE OF THIS WEBSITE. |
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| Defamation, Copyright and Trademark Claims |
| CaseTheRace.Com is a provider of an interactive computer services for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein. |
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| Further, CaseTheRace.Com is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act, CaseTheRace.Com has designated an agent to receive notifications of alleged copyright infringement on the Services: |
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Goose Creek Analytics LLC
333 West Vine St
Suite 300
Lexington, KY 40507
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| In notifying CaseTheRace.Com of alleged copyright infringement, you must include the following information: |
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*A description of the copyrighted work that is the subject of claimed infringement
*A description of the infringing material and information sufficient to permit CaseTheRace.Com to locate the alleged material
*Contact information for you, including your address, telephone number and/or e-mail address
*A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law
*A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed
*A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf |
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Failure to include all of the above-listed information may result in the delay of the processing of your complaint. For more information on the Digital Millennium Copyright Act please visit the United States Copyright Office at
http://lcweb.loc.gov/copyright/onlinesp/.
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CaseTheRace.Com does not arbitrate or resolve trademark disputes among CaseTheRace.Com's advertisers or between those advertisers and third parties. However, CaseTheRace.Com will promptly comply with an order of a court of competent jurisdiction concerning a trademark issue. CaseTheRace.Com occasionally receives requests to remove properties from within the Services. CaseTheRace.Com
reserves the right to address such requests on a case-by-case basis. |
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Privacy and Data Collection
CaseTheRace.Com does not collect personally identifying information from users of the Services unless users have explicitly given such information to CaseTheRace.Com (for example, when becoming an advertiser or when sending us an e-mail with a question). CaseTheRace.Com’ information practices are further described in its privacy policy. CaseTheRace.Com’ privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with CaseTheRace.Com (such as an Affiliate Agreement or an Advertiser Agreement), then you may be subject to additional or different provisions regarding privacy
and data collection. If you would like more information, please read our privacy policy. You should consider any communication that you transmit to CaseTheRace.Com (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that CaseTheRace.Com will not be liable or responsible if information that belongs to you is intercepted and used by an unintended
recipient.
Control over Features, Functions, and Access to the Services
CaseTheRace.Com reserves the right to change any information, features and functions of the Services without prior notice. CaseTheRace.Com may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that CaseTheRace.Com determines, in its sole discretion, violate this Agreement, the rights
of CaseTheRace.Com or any third party, or is otherwise inappropriate.
Choice of Law, Waiver, and Claims
This Agreement shall be governed by the laws of the State of California without regard to its conflict of law provisions. CaseTheRace.Com’ failure to exercise or enforce any right or provision of the Agreement will not be deemed to be a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within
one (1) year after such claim or cause of action arose or be forever barred.
Arbitration
Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration must be conducted in Aliso Viejo, California, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or CaseTheRace.Com may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, as necessary to protect the rights or property
of you or CaseTheRace.Com.
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