Terms of Service
TERMS OF SERVICE
(OTHERWISE KNOWN AS TOS OR SERVICE)
Use of
FoxwoodsRacing.com constitutes the following:
LINKS
The Service may provide, or third parties may provide,
articles in FoxwoodsRacing.com, and/or links to other World
Wide Web sites or resources. Because FoxwoodsRacing.com has
no control over such articles, sites and resources, you
acknowledge and agree that FoxwoodsRacing.com is not
responsible for the content, or availability of such
content, external sites or resources, and does not endorse
and is not responsible or liable for any content,
advertising, products, or other materials, or available from
other such sites or resources. You further acknowledge and
agree that FoxwoodsRacing.com 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 FoxwoodsRacing.com, and any such
externally linked site or resource.
You
acknowledge that FoxwoodsRacing.com contain Links,
descriptions, logos, trademarks and other material that are
protected by copyright, trademark or other proprietary
rights (the "Intellectual Property") of third-party content
providers. You may not copy, reproduce, alter or otherwise
use the Intellectual Property without written permission
from the appropriate third party content provider.
Copyright Infringement. If you
believe Our activities infringe on your copyright or other
intellectual property rights, please inform us immediately
at the address below. It is our policy to cooperate with all
content providers regarding the protection of intellectual
property. Further, it is our policy to promptly respond to
notices of alleged infringement of copyright and other
applicable intellectual property laws, including the removal
or disabling of access to material claimed to be the subject
of infringing activity. Pursuant to the Digital Millennium
Copyright Act of 1998, For notice of alleged copyright
infringement please email us at contact@foxwoodsracing.com for
immediate resolution.
DEALINGS WITH
ADVERTISERS
Your correspondence or
business dealings with, or participation in promotions of,
advertisers found on or through the Service, 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 advertiser. You agree that FoxwoodsRacing.com 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 advertisers on the Service.
TERMINATION
You agree that
FoxwoodsRacing.com, in its sole discretion, may terminate
your account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for
any reason, including, without limitation, for lack of use
or if FoxwoodsRacing.com believes that you have violated or
acted inconsistently with the letter or spirit of the TOS.
FoxwoodsRacing.com may also in its sole discretion and at
any time discontinue providing the Service, or any part
thereof, with or without notice. You agree that any
termination of your access to the Service under any
provision of this TOS may be effected without prior notice,
and acknowledge and agree that FoxwoodsRacing.com may
immediately deactivate or delete your account and all
related information and files in your account and/or bar any
further access to such files or the Service. Further, you
agree that FoxwoodsRacing.com shall not be liable to you or
any third-party for any termination of your access to the
Service.
PROPRIETARY RIGHTS
You acknowledge and
agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the
Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by
FoxwoodsRacing.com or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in
part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
| a. |
YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
FOXWOODSRACING.COM EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. |
| b. |
FOXWOODSRACING.COM
MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE 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 SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR 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 FOXWOODSRACING.COM OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS. |
LIMITATION OF
LIABILITY
YOU EXPRESSLY UNDERSTAND AND
AGREE THAT FOXWOODSRACING.COM 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 INTANGIBLE
LOSSES (EVEN IF FOXWOODSRACING.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
NOTICES
Notices to you may be made
through changes to the TOS or other matters by displaying
notices, or links to notices, to you generally on the
Service.
