MY HORSE PLAYER TERMS OF USE AGREEMENT
Please read the Terms of Use agreement below. By registering as a member of MyHorsePlayer.com you, the customer accepts all terms of this agreement, and authorizes My Horse Player to submit all incurred charges to your credit card. If you have any questions, please contact us.
TERMS OF AGREEMENT
This agreement shall become effective on the date your registration is effective and shall remain in full force until terminated. Either party may terminate this agreement by giving written notice to the other party. Termination will be effective upon the later of receipt of the notice or the date specified in the notice. Notwithstanding the foregoing, My Horse Player may, at its option, terminate this agreement without prior notice if you are in material breach of the agreement. A termination shall not affect any other rights or remedies available to My Horse Player, at law or in equity. Upon termination of this agreement, for any reason, you shall no longer have access to your account created hereunder. Regardless of any termination action hereunder, all payments are non-refundable, except as provided for in Section 3. The terminating party shall have no other liability to the other party as a result of any termination hereunder.
CHARGES AND PAYMENTS
From the date your registration is effective, customer shall be responsible for all usage incurred by its username. All charges for MyHorsePlayer.com service shall be in accordance with the current price schedule as modified by My Horse Player upon prior notice to customer. The information service and products provided by My Horse Player may be purchased with Tokens, the virtual currency on MyHorsePlayer.com. Each time tokens are purchased, the appropriate amount will be charged to the customer's credit card. The current cost of tokens is communicated to the customer before the purchase is finalized. The charges for products do not include any federal, state, county or local taxes, if any, relating to this agreement, however designated or levied, and customer shall bear the expense of any such taxes.
REFUND POLICY
My Horse Player WILL NOT provide a credit card payment refund for any reason including termination of this agreement except in the case of a customer being incorrectly billed due to an error that is the fault of My Horse Player
My Horse Player WILL provide a partial or full refund of tokens to the customer's account for any product purchased in the last 7 (seven) days for any of the following reasons:
- The product purchased by the customer contained data for the wrong track.
- The product purchased by the customer contained data for the wrong date.
- The product contained incomplete data (except in the cases where this is explicitly notated).
- The product's data was corrupted (either blank or not legible).
SCOPE OF INFORMATION SERVICES PROVIDED
This agreement is made solely for access to the MyHorsePlayer.com web site, a feature of the World Wide Web portion of the Internet at address http://www.MyHorsePlayer.com, and the products provided thereupon. Acceptance of this agreement provides no right of access to any other products or services provided, operated, or sold by My Horse Player.
NO WARRANTY
MY HORSE PLAYER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AS TO ANY MATTER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OF ANY INFORMATION, DATA PRODUCTS, PROGRAMS OR SERVICE USED OR FURNISHED, AND, AS TO MY HORSE PLAYER, CUSTOMER SUBSCRIBES TO AND UTILIZES THE DATA PRODUCTS ON AN "AS IS" BASIS.
USE OF THE MY HORSE PLAYER SITE, INFORMATION, DATA PRODUCTS, PROGRAM OR SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. MY HORSE PLAYER IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE, MATERIAL OR OTHERWISE, INCURRED BY THE CUSTOMER.
Neither party shall be liable for any special, indirect, or consequential damages, including without limitation, loss of anticipated profits or other economic loss in connection with or arising out of the availability, the existence, the furnishing, the functioning, or the use of any products, information or services provided for in this agreement.
You acknowledge and agree that data errors and omissions may occur with products despite commercially reasonable efforts to avoid them and My Horse Player expressly disclaims any responsibility or liability for errors or omissions in the products, or for any delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, riots, fire, insurrection, acts of terrorism, war, failure of carriers, the elements, accidents, acts of God, or any other causes beyond My Horse Player's control whether or not similar to the foregoing.
CUSTOMER'S RESPONSIBILITIES AND WARRANTIES
It is expressly understood that no part of any information received from MyHorsePlayer.com may be reproduced, resold, published, transmitted, disseminated, distributed or commercially exploited by the customer in its existing or any altered form or by any means, including, without limitation, electronically or mechanically, without the prior written consent of My Horse Player customer agrees not to use the information to conduct any commercial business without the prior written consent of My Horse Player or any activity prohibited by law. Customer acknowledges that the assigned username and/or password is for customer's personal use and customer agrees not to transfer or assign, or permit any third party to directly or indirectly use, said username and/or password. The customer is responsible for keeping their password private and any charges to, or misuse or abuse of, their account due to a stolen password, is the customer's liability.
PROPRIETARY DATA
All systems, programs, products, documentation and any other materials utilized or developed by My Horse Player in connection with this agreement shall be and remain My Horse Player's sole property. All right, title and interest in and to all systems, programming, products, documentation, operations manuals, components and accessories comprising the system furnishing the information services and products provided by My Horse Player shall belong to My Horse Player or its licensors at all times. The title to and copyright of all information provided by My Horse Player shall remain in My Horse Player or its licensors at all times. My Horse Player shall have no liability for, and customer hereby agrees to defend and indemnifies My Horse Player from any claims, loss or damages arising from any unauthorized use of the information services and products by customer.
MISCELLANEOUS
Customer may not assign this agreement without the prior written consent of My Horse Player
No waiver of any breach of any provision of this agreement shall constitute a waiver of any subsequent breach of the same or other provisions of this agreement, and no waiver shall be effective unless made in writing.
This agreement represents the entire agreement between the parties, provided that My Horse Player reserves the right, in its sole discretion and without prior notice, to modify this agreement by delivery of a notice to customer as provided herein or by publishing such modification online when the information being purchased hereby is accessed by customer. Your continued use of the My Horse Player services will constitute your acceptance of any such modification.
Any notice required or permitted herein shall be in writing and delivered by mail, postage prepaid, or by fax or e-mail to the party to receive at the address or fax number designated by the party.
This agreement shall be construed to be between merchants and, except as limited in subparagraph (1) above, shall be binding upon the parties, their successors, legal representatives and assigns.
Subscriber agrees to pay all reasonable attorney fees and costs incurred by My Horse Player if My Horse Player prevails in enforcing any provisions of this agreement including, but not limited, to the cost of collecting any sums owed.
This agreement shall be governed by the laws of the State of California and the parties agree that any action arising out of this agreement shall be brought in state or federal court in California and the parties consent to venue and jurisdiction of such courts.