TOBA: Thoroughbred Owners and Breeders Association
Programs

Terms of Use

Last updated March 18, 2013

These Terms of Use apply to this website and all services provided through this website (collectively, the "Service"). Thoroughbred Owners and Breeders, Inc., the operator of this website ("we", "us" or "TOBA"), provides these Terms of Use to notify you of the rules and conditions that apply to your use of this website. Any other rules you encounter elsewhere while using the Service are incorporated by reference into these Terms of Use. We refer to our employees, directors, officers, contractors, equity owners, parents, subsidiaries and agents as our "affiliates" throughout these Terms of Use.

As a condition of your right to use the Service, you represent that you are at least age 13, of legal age to enter into a binding contract or that you have the permission of your parent or legal guardian to use and contribute to this Service, and that you are not a person barred from visiting the Service and accessing its content under the laws of the United States or your country. The Service is not targeted to children under the age of 13.

Please read these Terms of Use carefully. By using the Service, you agree to the Terms of Use. If you do not agree with these Terms of Use, do not use the Service. We may revise these Terms of Use at any time without notice. By using the Service after changes have been made, you acknowledge and accept those changes.

Privacy Policy

Our Privacy Policy describes the information we collect from you and other visitors to the Service and how we use the information. Our Privacy Policy is part of these Terms of Use.

Modifications

We reserve the right to modify or discontinue the Service at any time without notice to you, and we will have no liability to you if we do so. You acknowledge that your use of the Service will not be uninterrupted or error-free, and that we cannot guarantee continuous or secure access to the Service.

Prohibited Activities

In using the Service, you agree not to:

  • engage in any conduct which might be harmful to any individual;
  • use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted through the Service;
  • take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure;
  • use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate this website other than what is available on this website or generally available third party web browsers; or
  • attempt to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way a part of the Service, including without limitation mobile software applications.

Feedback

We appreciate your feedback and are always interested in learning how we can improve the Service. By submitting any comments, ideas or feedback about the Service, including without limitation about how to improve the Service, you agree that your disclosure is gratuitous, unsolicited and without restriction, your disclosure will not place TOBA under any fiduciary or other obligation, and we are free to use, disclose and otherwise exploit your disclosure without any compensation to you.

Links

The Service may contain links to other websites not maintained by us to provide you with further information, including social networking sites such as Facebook or Twitter. We are not responsible for the practices or the content of such other websites or services, and they are governed by separate terms of use. We do not endorse and are not affiliated with such third parties.

Proprietary Information and Copyrights

The material and content accessible from or through the Service, such as text, graphics, images, and videos, is the proprietary information of TOBA and is protected by copyright. It may not be copied, reproduced, distributed, republished, uploaded, posted, transmitted or exploited in any way without the prior written consent of TOBA. Modification or use of the material or content on the Service, except as expressly provided in these Terms of Use, violates TOBA’s intellectual property rights. Neither title nor intellectual property rights are transferred to any visitor by access to the Service.

You may use the Service and all content obtained through the Service solely for your personal, non-commercial use. You may not remove any copyright notices or other restrictive legends that appear on content obtained from the Service.

Trademarks

Trademarks, service marks and logos appearing in the Service are the property of their respective owners. We or other trademark owners retain all rights with respect to any of our respective trademarks, service marks and logos used in connection with the Service.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMITTED BY LAW, TOBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE USE THEREOF, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY OTHER LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. YOU UNDERSTAND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL TOBA, ITS AFFILIATES EMPLOYEES, DIRECTORS, OFFICERS, EQUITY OWNERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) RESULTING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY (I) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ANY VISITOR’S ACCESS TO AND USE OF THE SERVICE, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF ANY PART OF THIS LIMITATION OF LIABILITY IS INVALID, ILLEGAL OR UNENFORCEABLE, THEN THE AGGREGATE LIABILITY OF TOBA AND OUR AFFILIATES UNDER SUCH CIRCUMSTANCES TO YOU OR TO ANYONE ELSE WILL NOT EXCEED ONE HUNDRED DOLLARS. SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU IF THEY ARE NOT PERMITTED BY THE LAWS OF YOUR JURISDICTION.

Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates for all claims, losses, damages, liabilities, costs, charges and expenses, including reasonable attorney’s fees, that we may incur as a result of your use of the Service or your breach of the Terms of Use.

Disputes

The Terms of Use are governed by the laws of the Commonwealth of Kentucky and any disputes relating to these Terms of Use or use of the Service will be resolved in the Federal or state courts in the Commonwealth of Kentucky. You agree to submit to personal jurisdiction and venue of the federal and state courts located in Fayette County, Kentucky. The Service is a passive website that does not give rise to personal jurisdiction over TOBA, either specific or general, in jurisdictions other than Kentucky. Any action must be brought within one (1) year after the cause of action arose; otherwise, the cause of action is permanently barred.

Severability

In the event that any portion of these Terms of Use is held to be invalid, the invalidity of such provision will not affect the validity of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Waiver

Our failure to partially or fully exercise our rights or our waiver of any breach of these Terms of Use shall not prevent a subsequent exercise of our rights or be deemed or waiver of any subsequent breach.

Entire Agreement

Except as specifically provided in a written agreement signed by an authorized representative of TOBA, the Terms of Use, including the Privacy Policy, constitute the entire agreement between TOBA and visitors to the Service. No changes to these Terms of Use shall be made except by a revised posting on this page. The Terms of Use do not constitute any partnership, joint venture, or other relationship other than as expressly stated herein. No prior agreements, discussions or understandings, whether oral or written, including, without limitation, past versions of these Terms of Use, will be binding upon TOBA.

Copyright © 2013 Thoroughbred Owners and Breeders Association, Inc. All rights reserved.

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Copyright © 2017 Thoroughbred Owners and Breeders Association. All Rights Reserved.
P.O. Box 910668 · Lexington, KY 40591-0668
Phone: (859) 276-2291 · Fax: (859) 276-2462 · Email: toba@toba.org
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