1. ACCEPTANCE OF TERMS

Maine Harness Racing Promotion Board ("we", "us" or "MHRPB") provides its service its users ("you") subject to the following Terms of Service ("TOS"). Although the TOS may be updated by us from time to time without prior notice to you, you can review the most current version of the TOS at any time at: http://www.maineharnessracing.com. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. In addition, when using particular MHRPB services, we and you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

MHRPB grants you the personal, non-transferable and non-exclusive right and license to access a rich collection of on-line harness racing resources, including, race dates, race results, photographs, various news and information resources, and other tools through its network and related applications (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new applications, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that MHRPB assumes no responsibility for the timeliness, accuracy or usefulness of any particular data retrieved using the Service.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

In consideration of MHRPB’s grant of rights for your use of the Service, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by any the Service's registration forms (such information being the "Registration Data"); and

(b) 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 MHRPB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Service (or any portion thereof).

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, including Content provided by MHRPB or others, use of the Service, or access to the Service.

You agree that data ("Content") available through this site is the valuable property of MHRPB ("MHRPB Content") or other third party. You further agree that use of such Content is strictly limited to personal, individual use only. Neither the Service, nor any Content obtained via the Service may be sold, bartered or otherwise provided to any other party. Further, Content obtained via the Service (in any form) may not be printed, retransmitted or compiled in any way. Automated retrieval of Content, for example using "bots" or "worms," is strictly prohibited. You may store or maintain retrieved Content only for personal archival use only.

Any user willfully infringing MHRPB copyrights, in violation of this Section 4, may be liable for Federal civil penalties of up to $100,000 and Federal criminal penalties of up to six (6) years in prison. See 17 USC §504(c), 17 USC §506 and 18 USC §2319.

MHRPB reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice. You agree that MHRPB shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that MHRPB may, in its sole discretion and without prior notice, terminate your 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 MHRPB believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MHRPB 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 MHRPB may immediately bar any further access to such files or the Service. Further, you agree that MHRPB shall not be liable to you or any third-party for any damages that may be incurred as a result of termination of your access to the Service.

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 the Service including without limitation MHRPB Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MHRPB, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software, or any MHRPB Content, in whole or in part.

MHRPB grants you a personal, non-transferable and non-exclusive 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 the Service. You understand that MHRPB prohibits access to the MHRPB Content by any means other than through the MHRPB provided interface and agree not to access the Service or its Content by any means other than through the MHRPB provided interface.

You understand that you acquire no intellectual property, proprietary or other rights in the Software, MHRPB Content or Content provided by any third parties though the ordinary use of the System. You further understand that you may not remove or obscure the copyright notice or other notices contained in the Software, MHRPB Content or Content provided by any third parties.

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. MHRPB 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) WHILE MHRPB TAKES REASONABLE STEPS TO REPORT DATA COMPLETELY AND ACCURATELY, MHRPB 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, RELIABLE OR USEFUL FOR ANY PURPOSE, INCLUDING WITHOUT LIMITATION PREDICTING THE OUTCOME OF HORSERACING CONTESTS OR THE EXPECTED OUTCOME OF SUCCESS OF STANDARDBRED MATINGS, (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 DOWNLOADING OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MHRPB OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT MHRPB 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 MHRPB 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.

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 8 AND 9 MAY NOT APPLY TO YOU.

The Service may provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

"Fun to the Finish" and other MHRPB logos and product and service names (the "MHRPB Marks") are trademarks of the Maine Harness Racing Promotion Board. You agree not to display or use the MHRPB Marks in any manner without MHRPB’s prior permission

If the Service or Content provided is accessed by the U.S. Government or on its behalf, both the Service and the Software are furnished with RESTRICTED RIGHTS. Use, duplication or disclosure of the Software or any MHRPB Content by the U.S. Government and parties acting on its behalf is governed by, and subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.

The TOS constitute the entire agreement between you and MHRPB and govern your use of the Service, superseding any prior agreements between you and MHRPB. 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. The TOS and the relationship between you and MHRPB shall be governed by the laws of the State of Maine without regard to its conflict of law provisions. You and MHRPB agree to submit to the personal and exclusive jurisdiction of the courts located within Ohio. The failure of MHRPB to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision, or any other unenforced right or provision. If any provision of the TOS 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 the TOS remain in full force and effect. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

© 2009 Maine Harness Racing Promotion Board
State House Station #28 · Augusta, ME 04333 · 1.207.287.3221
http://www.MaineHarnessRacing.com/ ·
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