1. ACCEPTANCE OF TERMS
PLEASE REVIEW THE TOU CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR ACCESSING OR OTHERWISE USING THE SERVICE OR ANY OF ITS COMPONENTS, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TOU, DO NOT ACCESS OR USE THE SERVICE.
If you are under 13 years of age, you may not use the Service. If you are at least 13 years of age but under 18 years of age or the age of majority in your jurisdiction, whichever is greater, you represent and warrant that you have obtained the consent of your parent or legal guardian before accessing or using the Service. Otherwise, you represent and warrant that you are: (i) at least 18 years of age or the age of majority in your jurisdiction, whichever is greater; and (ii) of legal age to form a binding contract. In all cases, you represent and warrant that you are not a person barred from accessing or using the Service under the laws of your country of residence or any other applicable jurisdiction. Some parts of the Service may have different age requirements, which will be noted in those parts of the Service.
3. GRANT OF RIGHTS
(a) Subject to your compliance with the TOU in all material respects, Juncos grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access and view Content (as defined below) from the Service for your personal, non-commercial use only; and (ii) print a reasonable number of such pages for your personal, non-commercial use only.
(b) To the extent that a Site provides online access to any software, application or other similar online components, then, subject to your compliance with the TOU in all material respects, Juncos grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by Juncos for accessing such components and only for your personal, non-commercial purposes.
(c) Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by Juncos.
(d) Juncos further makes available mobile applications for access to certain content from Juncos (“Apps”). Your access to and use of Apps is subject to the applicable end user license agreement for each App.
(e) Juncos may make the Service, or parts thereof, available through certain web feeds that syndicate content (for example RSS) (“Web Feeds”) for your personal, non-commercial use (e.g., in a news reader). Subject to your compliance with the TOU in all material respects, Juncos grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Web Feeds for your own individual, personal, non-commercial use. You may not aggregate or otherwise use the Web Feeds, or any parts thereof, to publish, publicly display, publicly perform, distribute, or otherwise make available the Service, the Content contained therein, or any parts thereof (including within a mobile application or on a website) to any third party in any manner that could reasonably serve as a substitute for the Service or could otherwise diminish the value of the Service, without the express written consent of Juncos.
(a) In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Juncos reasonably suspects that you have done so, Juncos may suspend or terminate your account at its sole discretion.
(b) You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify Juncos immediately of any unauthorized use of your account or password or any other similar breach of security.
5. RESPONSIBILITY FOR CONTENT
(a) You acknowledge and agree that all information, data, text, software, music, sounds, photographs, graphics, videos, messages, scripts, tags and/or other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Juncos, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not Juncos, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).
(b) You acknowledge and agree that Juncos has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Juncos reserves the right in its sole discretion to pre-screen, filter, refuse or remove any Content. Without limiting the generality of the foregoing, Juncos shall have the right to remove any Content that violates the TOU or that it deems objectionable.
(c) To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the TOU with respect to Your Content; and (ii) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any third party.
6. RIGHTS TO CONTENT
(a) Juncos does not claim ownership of Your Content. However, you grant Juncos and its service providers a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform and publicly display Your Content in connection with the Service. You understand that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
(b) Except with respect to Your Content, you agree that Juncos and its licensors own all rights, title and interest in the Service and all materials within the Service. Except with respect to Your Content or as expressly permitted by the TOU, you may not: (i) use, distribute, transmit, reproduce, modify, adapt, create derivative works from, publicly perform or publicly display any Content; (ii) frame or utilize any framing technique to enclose any Content; (iii) decompile, decode, disassemble, reverse engineer, reverse assemble or otherwise attempt to discover any source code or the architectural framework for any software within or associated with the Service; or (iv) access the Service for purposes of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by Juncos. Juncos reserves all rights not expressly granted to you.
(c) Certain Content is reproduced by Juncos under license, as set forth within Juncos’s Copyright Notices, available at http://www.______________________/pages/copyright.
(d) The names, logos and other trademarks of Juncos are identified within Juncos’s Trademark Notice, available at http://www._______________/pages/trademarks (“Juncos Marks”). The absence of any name, logo, icon, or other trademark from such list does not constitute a waiver of any intellectual property rights that Juncos may have established in such name, logo, icon, or trademark. You agree not to display or use in any manner any Juncos Mark without Juncos’s prior written consent. The exclusive rights to Juncos Marks are hereby expressly reserved by Juncos.
7. USER CONDUCT
In connection with your access to or use of the Service, you shall not:
(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; or (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
(b) impersonate any person or entity, including, but not limited to, Juncos personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
(d) act in a manner that negatively affects the ability of other users to access or use the Service;
(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
(g) use spiders, crawlers, robots, or any other similar means to access the Service or substantially download, reproduce, or archive any portion of the Service;
(h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
(i) violate any applicable local, state, provincial, federal, national, or international law or regulation.
If you elect to provide or make available to Juncos any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), Juncos shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestion in any manner, without credit or compensation to you. You will not knowingly provide Juncos any Suggestion that is subject to third party intellectual property rights.
9. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You acknowledge and agree that Juncos shall not be liable for any loss or damage of any kind incurred because of any such dealings.
10. LINKS AND EXTERNAL MATERIALS
11. MODIFICATIONS TO THE SERVICE
Juncos reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Service (or any portion thereof) with or without notice. You agree that Juncos shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service (or any portion thereof).
12. TERMINATION AND SURVIVAL
If you violate the TOU, all rights granted to you under the TOU shall be terminated immediately, with or without notice, and Juncos, in its sole discretion, may remove and discard Your Content. The provisions of the TOU that should by their nature survive termination of the TOU shall survive such termination.
You agree to indemnify and hold Juncos and its parents, subsidiaries, affiliates, officers, directors, employees, agents, mandataries, partners and licensors (collectively, “Juncos Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the TOU or any law or regulation; or (c) violation of any rights of another party.
14. DISCLAIMER OF WARRANTIES
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JUNCOS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) JUNCOS PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
15. LIMITATION OF LIABILITY
(a) YOU ACKNOWLEDGE AND AGREE THAT JUNCOS PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF JUNCOS PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL JUNCOS’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE EXCEED THE GREATER OF FIFTY UNITED STATES DOLLARS (US $50) OR THE AMOUNT (IF ANY) PAID BY YOU TO JUNCOS FOR ACCESS TO OR USE OF THE SERVICE IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH ANY SUCH CLAIM AROSE.
(b) CERTAIN STATE AND PROVINCIAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
16. GOVERNING LAW
For Canadian Residents: The TOU shall be governed by and construed and enforced in accordance with the laws of Indiana applicable therein, without regard to conflict of laws principles. Applicable laws may require that the laws of the specific jurisdiction in which you reside apply, in which case the laws of such jurisdiction will apply.
For All Others: The TOU shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of Indiana, without regard to conflict of laws principles.
For All Users: The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TOU.
17. BINDING ARBITRATION AND CLASS ACTION WAIVER
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOU, SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that:
The hearing will be conducted in the County of Marion State of Indiana or the city within the United States in which you reside.
The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN:
THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF INDIANA, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A CIRCUIT OR SUPERIOR COURT IN MARION COUNTY INDIANA.
YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Juncos may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
18. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the TOU or any end user license agreement for an App, there shall be no third-party beneficiaries to the TOU.
19. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide Juncos’s Agent for Notice of Copyright Claims a written communication that includes the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Juncos’s Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
Juncos Racing Inc.
4401 Gilman Street
Indianapolis, IN 46224
Phone: (317) 552-2967
Juncos is only able to accept notices in English.
20. GENERAL PROVISIONS
The TOU constitutes the entire agreement between you and Juncos concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and Juncos with respect to such subject matter. The failure of Juncos to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOU. It is the express wish of the parties that the TOU and all related documents be drawn up in English