1. LICENSE OF INFORMATION. This Agreement is made solely for access to DRF Online at http://www.drf.com and those information products provided therein and subscribed to by you (the "Information"). DRF hereby grants you a non-exclusive, non-transferable, revocable license to access and use the Information, subject to this Agreement. All rights not explicitly granted in this Agreement are reserved by DRF. DRF owns the Information and retains all rights, including copyrights, in the Information. The Information is protected by copyright pursuant to U.S. copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Information (including software) in whole or in part.
2. RESTRICTIONS. You acknowledge and agree that you may not reproduce, resell, publish, transmit, disseminate, distribute, or commercially exploit the Information in its existing or any altered form by any means. You understand and agree that the Information acquired hereunder is for your personal, non-commercial use. You agree that you will not disseminate the Information acquired hereunder to any third party. You agree not to use the Information, or permit its use, for any illegal purpose. You further understand and agree that you may download any race card no more than 3 times, for your personal, non-commercial home use only, and provided that you maintain all copyright and other proprietary notices contained therein. Copying or storing any of the Information for other than personal use is expressly prohibited. You agree not to use any robot, spider, scraper or any other automated means, by whatever name known, to access DRF.com for any purpose without Daily Racing Form expressly providing, in an authorized writing, such permission. You agree not to take any action that imposes, or may impose in Daily Racing Form's sole discretion an unreasonable or disproportionately large load on Daily Racing Form's infrastructure. The use of any of the Information on any other Web site or computer environment is prohibited. You may not republish any portion of the Information on any Internet or Intranet site. You may not distribute any of the Information to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Information in other media or for other than your personal use. You agree not to reverse engineer or disassemble any software or other products or processes accessible through DRF.com.
3. USERNAMES AND PASSWORDS. DRF has given you a username and password to access the Information. You agree not to disclose this username or password to any third party. You shall be responsible for all charges and activities incurred under your username and password and agree not to sell, transfer or assign your username, password and any of the subscriber rights or privileges herein. DRF reserves the right to terminate your subscription if individuals from more than one household access this Web site using any single username or password. You are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer so others outside your household may not access this Web site using your username and password without DRF's written permission. If you believe someone has accessed this Web site using your username and password without your authorization, e-mail us immediately at the address contained below.
4. CHARGES AND PAYMENTS. All charges for the Information shall be in accordance with the prices and payment terms set forth in Billing Information. DRF may change such prices and payment terms at any time. You hereby authorized DRF to use the credit card information furnished by you to DRF hereunder for purposes of fulfilling your payment obligations under this Agreement. You hereby represent and warrant that the credit card information provided by you (card number, expiration date, cardholder's name) is valid in all material respects and lawfully authorized for use and that such credit card belongs to you or has been authorized for use by you by the valid cardholder. Accounts not paid within 30 days of the date of billing will be subject to a service charge of 1.5% per month or the highest amount allowed by law, whichever is lower. You shall be responsible for any and all taxes based on your payments hereunder.
5. TERM OF AGREEMENT. This Agreement will continue until either party, at any time, with or without cause, gives notice of termination to the other party. DRF may at any time deny access to the Information or deny, change, or terminate your username and password, with or without cause, and without liability. Upon any termination of this Agreement, DRF will refund to you any amounts paid for Information not yet received by you.
6. AMENDMENT. DRF reserves the right, in its sole discretion and at any time, to change, modify, add or delete the terms and conditions applicable to the use of this Web site and the Information therein, or any part thereof, or to impose new terms and conditions. In the event that DRF does so act, it will notify you of any such change, modification, addition or deletion by a posting on this Web site, or by electronic or conventional mail. Any such change, modification, addition or deletion will be effective upon seven (7) calendar days following such notice. ANY USE OF THIS WEB SITE AND THE INFORMATION THEREIN AFTER THE EFFECTIVE DATE OF THE NOTICE SHALL BE DEEMED TO CONSTITUTE ACCEPTANCE OF SUCH CHANGES, MODIFICATIONS, ADDITIONS OR DELETIONS. Please note that you are responsible for updating your personal information to provide DRF with your current e-mail address. In the event that the most recent e-mail address that you have provided to DRF is not valid, or for any other reason is not capable of delivering to you the notice described herein, DRF's dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes, modifications, additions or deletions contained in the notice.
7. DISCLAIMER; LIMITATIONS OF LIABILITY. THE INFORMATION IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DRF SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY THEREOF, ARISING OUT OF OR BASED ON THIS AGREEMENT.
8. WAGERING PLATFORM. Among the features accessible from the DRF.com Web site are the DRFBets pari-mutuel account wagering services provided by Xpressbet, LLC. In order to utilize these services, you must be at least 21 years of age, reside in a state where engaging in pari-mutuel account wagering transactions are lawful, and you must, in accordance with such procedures and requirements set by Xpressbet, LLC, establish an account with Xpressbet, LLC. You acknowledge, understand and agree that (i) DRF is not and shall not be deemed to be a party to the customer relationship and any transactions between you and Xpressbet, LLC or to any wagering transactions engaged in by you; (ii) DRF makes no representation that any wagering services made accessible by Xpressbet, LLC through DRFBets, the DRF Web site or otherwise are lawful, or in compliance with applicable regulations, licensing restrictions or other applicable rules; (iii) it is your responsibility to ensure that any wagering activity engaged in by you is legally permissible; and (iv) DRF is not and shall not be deemed responsible in any way, and shall not be liable to you under any theory, for the provision of or failure to provide services by Xpressbet, LLC. YOU, ON BEHALF OF YOURSELF, YOUR HEIRS, EXECUTORS AND ADMINISTRATORS, AND ANY OTHER PERSON(S) WHO MAY TAKE BY OR THROUGH ME, HEREBY RELEASE, FOREVER DISCHARGE AND AGREE TO HOLD HARMLESS DRF, AND ALL OF ITS PARENT COMPANIES, SUBSIDIARIES, AND AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHARHOLDERS, AND ADVISORS, FROM AND AGAINST ANY LIABILITY FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES AND LIABILITIES OF ANY NATURE WHATSOEVER WHICH YOU MAY NOW OR HEREAFTER BE ENTITLED TO ASSERT, ARISING OUT OF, OR OTHERWISE RELATED TO, YOUR ACCESS TO OR USE OF (OR ATTEMPT TO ACCESS OR USE) ANY WAGERING OR OTHER SERVICES MADE AVAILABLE BY XPRESSBET, LLC OR THROUGH DRFBETS.
9. GENERAL CLAUSES. The validity and construction of this Agreement shall be governed by the laws of the State of New York, excluding the conflicts of laws principles thereof. Each party hereby agrees to submit to the exclusive jurisdiction of any state or federal court in the County of New York in respect of any dispute arising out of, based upon, or relating to, this Agreement. This Agreement states the entire agreement and understanding of the parties on the subject matter of this Agreement and supersedes all previous agreements or understandings relating to that subject matter. You may not assign any of your rights or obligations hereunder without the advance written consent of DRF. This Agreement may be amended, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. Nothing in this Agreement shall be deemed to constitute any party a partner, joint venture, employer, employee, master, servant, principal, or agent of any other party or of any other person. If any provision of this Agreement is declared or found by a court of competent jurisdiction to be illegal, unenforceable or void, then such provision will be null and void but each other provision hereof not so affected will be enforced to the full extent permitted by applicable law.