THE JOCKEY CLUB’S TERMS AND
CONDITIONS OF USE FOR REGISTRY.JOCKEYCLUB.COM
THE JOCKEY CLUB MAY MODIFY THESE TERMS AT ANY TIME, AND YOUR CONTINUED ACCESS TO THE WEBSITE WILL BE CONDITIONED UPON YOUR ACCEPTANCE OF THE MODIFIED TERMS OF THIS AGREEMENT. YOU AGREE TO REVIEW THESE TERMS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE WEBSITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS.
BY ACCESSING OR USING THE WEBSITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE PRINCIPAL RULES AND REQUIREMENTS OF THE AMERICAN STUD BOOK ("RULES") (LOCATED AT: https://www.registry.jockeyclub.com/registry.cfm?page=tjcRuleBook) AND YOU AGREE TO BE BOUND BY THE RULES. To the extent there is any conflict between the Rules and these Terms, the Rules govern.
This Website is maintained by The Jockey Club at registry.jockeyclub.com (also known as Interactive RegistrationTM) for the purposes of facilitating registration-related business with The Jockey Club Registry. This includes submission of registration forms, checking of registration status, assignment of Digital Certificates Managers and movement of Digital Certificates of Foal Registration, browsing of the Online Names Book and other services.
Please be advised that The Jockey Club is a pedigree registry for Thoroughbred horses, not an ownership or title registry. Accordingly, any information presented by this Website or otherwise presented or displayed by The Jockey Club concerning the "owner" of a horse is based solely upon information provided by others to The Jockey Club and such information is in no way warranted or otherwise offered by The Jockey Club as being an accurate representation of who is the actual owner or title holder of a particular Thoroughbred.
For the purposes of these Terms and Conditions of Use, the terms below have the following meanings:
"Certificate of Foal Registration" means the official identification document for a Thoroughbred registered by The Jockey Club, which may be a printed document or it may be in a digital format.
"Certificate Manager" means a person who has been authorized to control the disposition of a Digital Certificate until such time as that Certificate Manager designates another person or entity as Certificate Manager.
"Digital Certificate" means a Certificate of Foal Registration in digital format.
"Owner" means a person or entity that has been, from time to time, identified by a customer of the Registry as an "owner" of a particular Thoroughbred and the term does not mean (a) that such "owner" maintains legal title over the particular horse or (b) that the person identified as "owner" has the right to manage a particular horse’s Digital Certificate unless such person is the Certificate Manager for that horse.
1 TERMS AND CONDITIONS OF USE
1.1 The Jockey Club ("TJC", "we" or "our") provides you with access to The Jockey Club Interactive Registration™ via the Website subject to these Terms. These Terms also apply if you accessed the Website via www.registry.jockeyclub.com/registry.cfm?page=dotIRprivacynotice,
thoroughbredconnect.com, or otherwise . As noted above, TJC may change these Terms from time to time without providing you with notification of any such changes. You can always obtain the most current version of these Terms here. Additionally, when using any particular service on the Website, you may be subject to special guidelines or rules posted in connection with any such service including, without limitation, the Rules (identified above); all such guidelines or rules are hereby incorporated by reference into these Terms.
1.2 You understand that, except for information, products or services clearly identified as being supplied by TJC, TJC does not operate, control or endorse any information, products or services on the Website in any way. Except for TJC-identified information, products or services, all information, products and services offered through the Website or on the Internet generally are offered by third parties. You also understand that TJC cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses, spyware or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
1.3 TJC provides the capability of inputting information to TJC via the Website and making changes to information in the Website. Whenever you undertake any such activity or use the Website in any capacity, you represent and warrant the following to TJC:
(a) That you have full authority to transmit such information to TJC;
(b) That you have full authority to input such information and/or make any changes to such information within the Website;
(c) That all information you supply is truthful, current, complete and accurate in all respects;
(d) That you will maintain all information and promptly update it in the event of any changes or incorrect information;
(e) To the extent you are to receive any documents or other materials from TJC or its agents, you are authorized to receive the same;
(f) That you have read, understand, have complied with and agree to be bound by these Terms as well as the Rules;
(g) You agree, with respect to all issues regarding the horses(s) related in any way to TJC, to be subject to and bound by Rule 19 (Deceptive Practices), Rule 20 (Appeals and Hearings), and Rule 21 (General Rules); and
(h) That your use of the Website is a permitted use under these Terms and the Rules and that any other use is a material breach thereof.
1.4 The Website provides users with access to a rich collection of Thoroughbred-related registration data and services. Some services we offer gratis and others are provided for a fee. The Website is intended for the exclusive use of conducting registration-related business with TJC, confirming the identity of Thoroughbreds via the use of markings and photographs officially recorded by TJC or via tattoo numbers or microchip numbers, or facilitating aftercare arrangements for Thoroughbreds via Thoroughbred Connect. Any other use of the Website is strictly prohibited, including, without limitation, obtaining pedigree information or other registration-related information from the Website. The Website may include advertisements; these advertisements are necessary for TJC to provide you with the Website. Unless specifically noted to the contrary, any new features or enhancements to the Website shall be subject to these Terms. You understand and agree that the Website is provided to you on an "AS IS" basis and TJC assumes no responsibility for the timeliness, deletion, mistaken delivery or failure to store any information. TJC explicitly disclaims any responsibility for the content or availability of information contained in TJC’s search indexes or directories. TJC also disclaims any responsibility for the completeness or accuracy of any directory or search result.
1.5 Use of Thoroughbred Connect for reasons other than for facilitating Aftercare for Thoroughbreds (including, but not limited to, attempts to harass, humiliate or disparage a specific individual, individuals or entity) or use of the Website for any non-permitted use under these Terms is strictly prohibited and is a material breach of these Terms.
1.6 In connection with your use of the Website,
you agree you will not:
(a) Transmit any
message, information, data, text, software or images, or other content ("Material") that
is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or otherwise objectionable or that may invade another's right of
privacy or publicity;
(b) Impersonate any person or entity,
including, but not limited to, a TJC official, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
(c) Post or transmit any
Material that you do not have a right to reproduce, display or transmit
under any law or under contractual or fiduciary relationships (such as,
but not limited to, nondisclosure agreements);
(d) Knowingly post or transmit
any Material that contains an infection or viruses, worms, Trojan horses
or other code that manifest contaminating or destructive properties;
(e) Delete any author attributions,
legal notices or proprietary designations or labels that you upload to any
(f) Take any action that
imposes, or may impose, in TJC’s sole and absolute discretion, an unreasonable or
disproportionately large load on TJC’s infrastructure and/or that
adversely affects the availability of its resources to other users;
(g) Post or transmit any
unsolicited advertising, promotional materials, "junk mail", "spam,"
"chain letters," "pyramid schemes" or any other form of solicitation
or any non-resume information such as opinions or notices, commercial
(h) Violate any applicable local,
state, national or international law;
(i) Upload or transmit any
Material that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
(j) Delete or revise any Material
posted or transmitted by any other person or entity without their expressed
(k) Manipulate or otherwise
display, database, modify, frame, create derivative works from or otherwise
distribute any content of the Website either electronically
(l) Register, subscribe,
attempt to register, attempt to subscribe, unsubscribe, or attempt to
unsubscribe, any party for any TJC product or service if you are not
expressly authorized by such party to do so;
(m) Use any robot, spider,
scraper, automated query program, web crawler, scripts, inquiries or
any other automated means, by whatever name known, to post, transmit
and/or access the Website for any purpose without TJC
expressly providing, in an authorized writing, such permission;
(n) Bypass measures we may use to
prevent or restrict access to the Website, or;
(o) Otherwise violate the limited
scope of permission hereby expressly granted
Any act or use by you that violates any of the above agreements is strictly prohibited and shall be a material breach of these Terms.
1.7 TJC may, from time to time,
audit the activities of users of the Website to detect patterns
of abuse and non-compliance with these Terms and TJC
has the right to suspend or terminate your use of the Website
and refuse to you any and all current or future use of the Website
if, in the sole judgment of TJC and without notice to you, such abuse or
non-compliance with these Terms is detected.
1.8 With respect to Digital Certificates, Certificate Manager designations, Owner designations, errors or required updates regarding the assignment of a Digital Certificate, TJC reserves the right to make corrections based upon such evidence and assurances as TJC may require.
1.9 If TJC becomes aware of conflicting information with respect to the ownership of a horse, or other rights in or related to a horse or a Digital Certificate ("Ownership Issues"), TJC may (but is not obligated to) request additional information and TJC may defer action related to the horse until the interested parties agree to resolve the Ownership Issues or TJC may take action based upon a court order (see Rule 21(F) of the Rules) or such other factors it deems appropriate in its sole and absolute discretion. TJC shall have no obligation to any party arising out of its decision to defer action or to take action.
1.10 You agree and acknowledge that (a) to the extent you are not the designated Certificate Manager at a particular time, you will not be accorded with the abilities to undertake the activities that are accorded to Certificate Managers and (b) among the activities Certificate Managers are able to undertake via the Website is changing the identification of the Owner of the particular Thoroughbred to which the Digital Certificate relates.
1.11 For the avoidance of doubt, TJC does not make and expressly disclaims any covenants, representations or warranties that (a) an individual or entity listed as a Certificate Manager is the legal owner or agent of the Thoroughbred to which a particular Digital Certificate relates, (b) third party information associated with a Digital Certificate is complete or accurate or (c) the Owner presented within the Website is the legal owner or possessor of title of the subject horse. The fact that a person is identified as Certificate Manager does not confer any additional rights on such person, except that the person has the temporal right to affect assignment of the subject certificate to other persons. Once a Digital Certificate has been assigned by a Certificate Manager to a recipient Certificate Manager, the conveying Certificate Manager will no longer be deemed to be the Certificate Manager for the horse to which that Digital Certificate relates.
2 DESCRIPTION OF THE WEBSITE
2.1 As a user the Website you understand that you are responsible for obtaining access thereto and that such access may involve third party fees, such as Internet service provider fees. You understand that you are responsible for these fees. Additionally, you understand that it is your responsibility to provide for all of the necessary equipment and software in order for your computer to be able to access the Website.
2.2 TJC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that TJC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
2.3 The information returned by the Tattoo Identification Service is based upon a comparison between the expected tattoo number as indicated by our registration records and the tattoo information submitted by each user of the Tattoo Identification Service. In some cases, such as in instances of tattoo technician error, international horses, and other less common circumstances, the information returned by the Tattoo Identification Service may not reflect the actual tattoo number on the upper lip of the horse in question.
2.4 The information returned by the Microchip Lookup is based upon information submitted by third parties and is not guaranteed to reflect the actual horse that is identified by the Website.
2.5 Third party insignia (and other indicia of third party’s involvement with a Digital Certificate) that presented in association with a Digital Certificate is merely representative such third party’s involvement., subject in all cases to such parties’ own requirements, terms and conditions and in no way does inclusion of any such insignia on any Digital Certificate confer any obligations on TJC or any rights or privileges to any persons with regard to TJC.
2.6 Registration applications and other materials of any kind provided to TJC or its designee in connection with the registration of a horse via this Website, or otherwise pursuant to the Rules, shall become the sole and exclusive property of TJC for any and all purposes. TJC shall have no obligation to return any such items to the owner of the horse or to any other person or entity.
2.7 Thoroughbred Connect is
provided as a service to owners and breeders to assist in facilitating the
provision of Aftercare to Thoroughbreds following the conclusion of their
racing and/or breeding careers. THE JOCKEY CLUB DOES NOT SCREEN POTENTIAL
OWNERS LISTED IN THOROUGHBRED CONNECT TO DETERMINE SUITABILITY OR APPROPRIATENESS
FOR THOROUGHBRED OWNERSHIP OR FOR PROVIDING AFTERCARE. IT IS THE RESPONSIBILITY
OF THE CURRENT OWNER TO DECIDE WHICH, IF ANY, POTENTIAL OWNERS OR PROVIDERS OF
AFTERCARE TO CONTACT FROM THE THOROUGHBRED’S LISTING IN THOROUGHBRED CONNECT
AND TO INVESTIGATE SUCH PERSONS AND ANY POSSIBLE FUTURE HOMES FOR THE THOROUGHBRED.
TJC makes no warranties or guarantees related to or arising out of
Thoroughbred Connect or the use thereof, including, but not limited to, (i) that a
current owner will contact a name in a listing, (ii) that an individual or entity
attached to a horse in Thoroughbred Connect will be suitable, willing or able to
take the horse, or (iii) that the horse will be made available for free.
3.1 If you purchase products, provide information and/or access information or services on the Website, you represent and warrant the following to TJC:
a. That you will provide true, accurate, current and complete information; and
b. That you will maintain and promptly update such information to keep it true, accurate, current and complete;
c. That you will comply and be bound by the Rules.
3.2 If you provide any information that is known to you to be untrue, inaccurate, incomplete, or outdated or if TJC has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete, or outdated or if you are otherwise in material breach of these Terms TJC has the right to suspend or terminate your use of the Website and refuse to you any and all current or future use of the Website.
3.3 Upon registration you will receive
a username and password, both of which will be chosen by you or assigned to you,
in accordance with parameters set by TJC in our sole and absolute discretion. You are responsible for maintaining the
confidentiality of your username and password, and are fully responsible for all
activities that occur under your username and password. You agree to:
your username and password in strict confidence;
notify TJC of any unauthorized use of your username and/or password or any
other breach of security; and
(c) Ensure that you log off from
your account at the end of each session.
3.4 You agree that TJC, in its sole and absolute discretion, may terminate your username and/or password at any time and for any reason, including, without limitation, for lack of use or if TJC believes that you have violated or acted inconsistently with the letter or spirit of these Terms or the Rules.
3.5 TJC cannot and will not be liable for any loss or damage arising from your failure to comply with Subsection 3.3.
3.6 Your username and password may be stored in a cookie on your personal computer. Any functionality of your browser that permits usernames and/or passwords to be auto-completed or automatically retained should be rendered inactive when accessing the Website. TJC cannot and will not be liable for any loss or damage arising from your failure to comply with this Subsection 3.6.
5 SPECIAL ADMONITIONS FOR INTERNATIONAL USE
the global nature of the Internet, you agree to comply with all local rules, including,
without limitation, rules about the Internet, data, email, and privacy, and all other
rules regarding online conduct. Specifically, you agree to comply with all applicable
laws regarding the electronic transmission of data.
6 NO RE-DISTRIBUTION OF THE WEBSITE
Without having first obtained TJC's written permission to do so, you agree not to reproduce, duplicate, copy, sell, or resell any of the following:
(a) any information obtained from the Website,
(b) use of the Website, or
(c) access to the Website.
Notwithstanding the foregoing, you may print and download material from the different areas of the Website as it relates to and is consistent with the intended use of the Website as described in Section 1.4.
7 YOUR DEALINGS WITH ADVERTISERS ON THE WEBSITE
Your participation, correspondence or business dealings with third parties, including but not limited to advertisers, or participation in promotions of third parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties. You agree that TJC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.
The Website may provide, or third parties may provide, links to other Internet sites or resources. Because TJC has no control over such sites and resources, you acknowledge and agree that TJC is not responsible for the availability of such external sites or resources, and you acknowledge that TJC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TJC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
9 PROPRIETARY RIGHTS
9.1 You acknowledge and agree that the Website and any necessary software used in connection therewith ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information contained in sponsor advertisements or information presented to you through the Website or its advertisers is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TJC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
9.2 TJC grants to you a personal, non-transferable, non-exclusive and terminable right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to or use of the Website. You agree not to access the Website by any means other than through the interface that is provided by TJC for use in accessing the Website.
9.3 Domestic and international copyright and trademark laws protect the entire contents of the Website. The owners of the intellectual property, copyrights and trademarks are TJC, its affiliates or other third party licensors. UNLESS SPECIFICALLY PERMITTED ON DIFFERENT AREAS OF THE WEBSITE, YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE WEBSITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Website provided that you agree not to change or delete any copyright or proprietary notices from the materials.
9.4 You agree to grant to TJC a non-exclusive, royalty-free, worldwide, sub licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to the Website or by e-mail to TJC by all means and in any medium now known or hereafter developed. You agree that you shall have no recourse against TJC for any alleged or actual infringement or misappropriation of any proprietary right in your communications to TJC.
10 LIMITATION OF LIABILITY AND INDEMNIFICATION
10.1 You understand that by using
the Website, you are agreeing that TJC will not, under any
circumstances, be liable in any way for any information contained therein,
including, but not limited to, for any errors or omissions in the information,
or for any loss or damage of any kind incurred as a result of the use of any
information contained therein.
10.2 TJC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Website, either directly or indirectly, and shall not be responsible or liable for decisions made based on such information. For the avoidance of doubt, TJC does not make any covenants, representations or warranties regarding the individuals or entities which offer to take a Thoroughbred horse through Thoroughbred Connect and TJC shall not have any liability arising out of or related to a horse being placed with an individual or entity listed in Thoroughbred Connect.
10.3 You acknowledge that TJC is not responsible for notifying you of any upgrades, fixes or enhancements to the Website or for any compromise or loss of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet.
10.4 YOU EXPRESSLY UNDERSTAND AND AGREE THAT TJC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES (EVEN IF TJC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) THE USE OF THOROUGHBRED CONNECT; OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE.
10.5 You agree to indemnify and hold TJC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (a) your use of the Website, (b) your connection to the Website, (c) your violation of these Terms, or (d) your violation of any rights of another.
10.6 TJC shall, at its sole option, have the right (but not the obligation) to reprocess information to correct any errors of which it is or becomes aware.
11 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TJC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TJC MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TJC OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12 EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
Notices to you may be made via email or any other contact information you provide to Us. The Website may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website.
14 TRADEMARK INFORMATION
The Jockey Club®, Interactive Registration™ and Thoroughbred Connect™ and other trademarks and service marks, and other TJC logos and product and service names are trademarks of TJC ("TJC Marks"). Without TJC’s prior permission, you agree not to display or use in any manner, the TJC Marks.
15.1 These Terms, including the Rules which are incorporated by reference, constitute the entire agreement between you and TJC with respect to the subject matter covered herein and govern your use of the Website, superseding any prior agreements between you and TJC with respect thereto. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
15.2 TJC reserves the right to
release current or past user information if TJC believes that a user’s account
is being used to commit unlawful acts, if the information is subpoenaed and/or
if TJC deems it necessary and/or appropriate.
15.3 The failure of TJC to exercise
or enforce any right or provision of these Terms shall
not constitute a waiver of such right or provision.
15.4 If any provision of these Terms 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 these terms remain in full force and effect.
15.5 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 Website or these Terms must be filed within one year after such claim or cause of action arose or
be forever barred.
15.6 The section titles in these Terms
are for convenience only and have no legal or contractual
15.7 You may terminate this Agreement at any time for any reason by sending TJC a letter signed by a duly empowered signatory clearly stating that this Agreement is being terminated. . The provisions of Sections 9 through 15 shall survive any termination of this Agreement.
15.8 Dispute Resolution.
(a) Except as otherwise provided under the Rules (including, without limitation, Rules 19 and 20), you and TJC agree that we will resolve any dispute or question arising as to the interpretation of any clause of, or the rights and liabilities of the parties under or in any manner relating to these Terms and connected in any manner with use of the Website (a "Claim") in accordance with one of the subsections below or as TJC and you otherwise agree in writing.
(b) Except as otherwise provided under the Rules (including, without limitation, RULES 19 and 20), these Terms and the relationship between you and TJC shall be governed by the laws of the Commonwealth of Kentucky WITHOUT REGARD TO THE CONFLICTS OF LAWS RULES THEREOF. Except as otherwise provided under the Rules (including, without limitation, Rules 19 and 20), and except as otherwise provided under this Dispute Resolution Section, you and TJC agree to submit to the personal and exclusive jurisdiction AND PROPER VENUE of the Fayette Circuit Court AND/OR the Eastern District of Kentucky, in each case in Lexington, Fayette County, Kentucky, and waive any right to trial by jury.
(c) Arbitration. Except as otherwise provided under the Rules (including, without limitation, Rules 19 and 20), any Claim shall be referred to final and binding arbitration before a single arbitrator in Lexington, Kentucky, under the rules and procedures of the American Arbitration Association relating to the selection of arbitrators for the determination of issues. The arbitration shall be governed by the United States Federal Arbitration Act, 9 U.S.C. §§ 1-16. This agreement to arbitrate is supported by adequate consideration, receipt of which is acknowledged. The decision of the arbitrator will be binding, final and conclusive on the parties, and judgment on the arbitrator’s decision may be entered in any court having jurisdiction thereof. This agreement to arbitrate is binding upon the respective successors, heirs, legal representatives, assigns and transferees of the parties. The arbitrator may, sua sponte or upon the written request of a party, issue written directions as to the scope and timetable for discovery. In the event that the arbitrator should determine that the matter(s) in dispute may be resolved by a review of a written record, and that a hearing is not necessary, each party waives the right to a hearing. The arbitrator shall be charged to render a written opinion reciting the facts as determined and the applicable law as applied. The arbitrator may award injunctive and other equitable relief, as well as an award of monetary damages. No claim of fraud, duress or other basis for revocation of contract made with respect to these agreed Terms shall limit or preclude the enforcement of this agreement to arbitrate except as such fraud, duress or other basis for revocation shall arise with particularity to this agreement to arbitrate, and each party conclusively agrees that this provision shall be interpreted in a manner consistent with the separability doctrine of Prima Paint Corp. v. Flood and Conklin Mfg. Co., 388 U.S. 395 (1967).
(d) Waiver of Class Action. Neither you nor TJC will participate in a class action or class-wide arbitration for any Claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
(e) Improperly Filed Claims. All Claims brought under this Section, except as otherwise provided under the Rules (including, without limitation, Rules 19 and 20), must be resolved in accordance with this Dispute Resolution Section. All Claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a Claim contrary to this Section, TJC shall be entitled to recover its reasonable attorneys' fees and costs actually incurred, provided that TJC have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.