THE JOCKEY CLUB’S TERMS AND
CONDITIONS OF USE FOR REGISTRY.JOCKEYCLUB.COM
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING REGISTRY.JOCKEYCLUB.COM.
BY ACCESSING OR USING REGISTRY.JOCKEYCLUB.COM OR THOROUGHBREDCONNECT.COM, YOU AGREE TO BE BOUND BY THE TERMS
AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE REGISTRY.JOCKEYCLUB.COM. THE JOCKEY CLUB MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON REGISTRY.JOCKEYCLUB.COM.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF REGISTRY.JOCKEYCLUB.COM SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1 TERMS AND CONDITIONS OF USE
1.1 The Jockey Club (“TJC”)
provides you with The Jockey Club Interactive Registration™, registry.jockeyclub.com,
subject to these Terms and Conditions of Use. There Terms and Conditions apply to
the website thoroughbredconnect.com and when used herein, all references to
“registry.jockeyclub.com” within these Terms and Conditions also include
thoroughbredconnect.com. As noted above, TJC may change these Terms and
Conditions of Use from time to time without providing you with notification
of any such changes. You can always obtain the most current version of these
Terms and Conditions of Use here. Additionally, when using any particular
service on registry.jockeyclub.com, you may be subject to special guidelines
or rules posted in connection with any such service; all such guidelines or
rules are hereby incorporated by reference into these Terms and Conditions
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 registry.jockeyclub.com in any way. Except for TJC-identified
information, products or services, all information, products and services
offered through registry.jockeyclub.com 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
registry.jockeyclub.com 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 registry.jockeyclub.com for the reconstruction of any lost data.
1.3 TJC provides the capability to search and
display horse names, along with other indicative information for horses, to
facilitate the running of registry.jockeyclub.com. Use of this service for
reasons other than as required by breeders and owners or their agents to conduct
registration-related business with The Jockey Club is strictly prohibited and
shall be considered a material breach of these Terms and Conditions of Use.
TJC also provides the capability to search and display horse tattoo and microchip
numbers to facilitate the identification of horses. Use of this service for
reasons other than identifying a horse based on its tattoo or microchip number
is strictly prohibited and shall be considered a material breach of these Terms
and Conditions of Use. Through Thoroughbred Connect, TJC also allows you to
attach your contact information to a Thoroughbred you are interested in providing
aftercare or other assistance for (“Aftercare”) in the event that Thoroughbred
is in need of such care, or to request contact information for persons interested
in providing Aftercare for a Thoroughbred in your possession or supervision. 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), is strictly prohibited
and shall be considered a material breach of these Terms and Conditions of Use.
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
1.4 In connection with your use of registry.jockeyclub.com,
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 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 registry.jockeyclub.com 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 registry.jockeyclub.com 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 registry.jockeyclub.com, or;
(o) Otherwise violate the limited
scope of permission hereby expressly granted
1.5 TJC may, from time to time,
audit the activities of users of registry.jockeyclub.com to detect patterns
of abuse and non-compliance with these Terms and Conditions of Use and TJC
has the right to suspend or terminate your use of registry.jockeyclub.com
and refuse to you any and all current or future use of registry.jockeyclub.com
if, in the sole judgment of TJC and without notice to you, such abuse or
non-compliance with these Terms and Conditions is detected.
2 DESCRIPTION OF REGISTRY.JOCKEYCLUB.COM
provides users with access to a rich collection of Thoroughbred registration
data and services. Some services we offer gratis and others are provided for
a fee. Registry.jockeyclub.com is intended for the exclusive use of conducting
registration-related business with The Jockey Club, confirmation of identity
of Thoroughbreds via the use of markings officially recorded by The Jockey Club
or via tattoo numbers or microchip numbers or the facilitation of Aftercare
arrangements for Thoroughbreds via Thoroughbred Connect. Any other use of
registry.jockeyclub.com is prohibited, including obtaining pedigree information
or other registration-related information from registry.jockeyclub.com.
Registry.jockeyclub.com includes advertisements; these advertisements are
necessary for TJC to provide you with registry.jockeyclub.com. Unless specifically
noted to the contrary, any new features or enhancements to registry.jockeyclub.com
shall be subject to these Terms and Conditions of Use. You understand and agree
that registry.jockeyclub.com is provided to you on an "as is" basis and TJC
assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any information.
2.2 As a user of registry.jockeyclub.com
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 registry.jockeyclub.com.
2.3 TJC reserves the right at any time
and from time to time to modify or discontinue, temporarily or permanently,
registry.jockeyclub.com (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 registry.jockeyclub.com.
2.4 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 service. In some cases, such as in instances of tattoer error, international
horses, and other less common circumstances, the information returned by the service may
not reflect the actual tattoo number on the upper lip of the horse in question.
2.5 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.
The Jockey Club 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 and/or
access information or services on registry.jockeyclub.com, you agree to:
a. Provide true, accurate,
current and complete information as required by registry.jockeyclub.com’s
registration form ("Registration Information"); and
b. Maintain and promptly update
the Registration Information to keep it true, accurate, current and complete.
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
and Conditions of Use TJC has the right to suspend or terminate your use of
registry.jockeyclub.com and refuse to you any and all current or future use
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. 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 and Conditions of Use.
3.5 TJC cannot and will not be
liable for any loss or damage arising from your failure to comply with
3.6 Your username
and password may be stored in a cookie on you 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 registry.jockeyclub.com.
with respect to registry.jockeyclub.com see our full Privacy Notice.
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 REGISTRY.JOCKEYCLUB.COM
Without having first obtained TJC's
written permission to do so, you agree not to reproduce, duplicate, copy, sell,
(a) any information obtained from registry.jockeyclub.com,
(b) use of registry.jockeyclub.com,
(c) access to registry.jockeyclub.com.
Notwithstanding the foregoing, you may print and download material from the
different areas of registry.jockeyclub.com as it relates to and is consistent
with the intended use of registry.jockeyclub.com as described in
7 YOUR DEALINGS WITH ADVERTISERS ON REGISTRY.JOCKEYCLUB.COM
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
registry.jockeyclub.com, 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 registry.jockeyclub.com.
Registry.jockeyclub.com 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 registry.jockeyclub.com
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
registry.jockeyclub.com 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
registry.jockeyclub.com 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 registry.jockeyclub.com. You
agree not to access registry.jockeyclub.com by any means other than through
the interface that is provided by TJC for use in accessing registry.jockeyclub.com.
9.3 Domestic and international copyright and
trademark laws protect the entire contents of registry.jockeyclub.com.
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 REGISTRY.JOCKEYCLUB.COM, YOU MAY NOT MODIFY, COPY,
REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER,
THE MATERIAL ON REGISTRY.JOCKEYCLUB.COM, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material from the different
areas of registry.jockeyclub.com 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 registry.jockeyclub.com
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
registry.jockeyclub.com, 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 registry.jockeyclub.com,
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
registry.jockeyclub.com 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 REGISTRY.JOCKEYCLUB.COM; (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 REGISTRY.JOCKEYCLUB.COM; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON REGISTRY.JOCKEYCLUB.COM; (v) THE USE OF THOROUGHBRED CONNECT;
OR (vi) ANY OTHER MATTER RELATING TO REGISTRY.JOCKEYCLUB.COM.
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 registry.jockeyclub.com, (b) your connection to
registry.jockeyclub.com, (c) your violation of these Terms and Conditions of
Use, or (d) your violation of any rights of another.
10.6 TJC shall, at it sole option,
have the right to reprocess information to correct any errors of which it is or
11 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF REGISTRY.JOCKEYCLUB.COM
IS AT YOUR SOLE RISK. REGISTRY.JOCKEYCLUB.COM 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) REGISTRY.JOCKEYCLUB.COM WILL MEET YOUR REQUIREMENTS, (ii) REGISTRY.JOCKEYCLUB.COM
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF REGISTRY.JOCKEYCLUB.COM WILL BE ACCURATE OR RELIABLE, (iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH REGISTRY.JOCKEYCLUB.COM 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 REGISTRY.JOCKEYCLUB.COM 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
REGISTRY.JOCKEYCLUB.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THESE TERMS AND CONDITIONS OF USE.
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.
Registry.jockeyclub.com may also provide notices of changes to these Terms
and Conditions of Use or other matters by displaying notices or links to
notices to you generally on registry.jockeyclub.com.
14 TRADEMARK INFORMATION
The Jockey Club®, Interactive RegistrationTM and Thoroughbred
ConnectTM and other trademarks and service marks, and other TJC logos and product
and service names are trademarks of The Jockey Club ("TJC Marks"). Without TJC’s
prior permission, you agree not to display or use in any manner, the TJC Marks.
15.1 These Terms and Conditions of
Use constitute the entire agreement between you and TJC with respect to the
subject matter covered herein and govern your use of registry.jockeyclub.com,
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.
These Terms and Conditions of Use and the relationship between you and TJC shall
be governed by the laws of the State of New York without regard to the conflicts
of laws rules thereof. You and TJC agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of New York, in the State
of New York.
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 and Conditions of Use shall
not constitute a waiver of such right or provision.
15.4 If any provision of these Terms
and Conditions of Use 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 and Conditions of Use 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 registry.jockeyclub.com or these Terms and Conditions
of Use 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
and Conditions of Use are for convenience only and have no legal or contractual
15.7 You may terminate this Agreement at any time for
any reason by calling TJC at 800-444-8521 Monday through Friday between the
hours of 9:00 a.m. and 4:00 p.m., Eastern Time. The provisions of Sections 9
through 15 shall survive any termination of this Agreement.
15.8 THE LAWS OF THE STATE OF NEW YORK, USA, APPLICABLE TO AGREEMENTS
EXECUTED AND PERFORMED WHOLLY WITHIN SUCH STATE, 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
TJC SHALL BE COMMENCED AND ADJUDICATED ONLY IN THE UNITED STATES DISTRICT COURT
OF THE SOUTHERN DISTRICT OF NEW YORK OR IN NEW YORK STATE COURTS LOCATED IN
NEW YORK COUNTY