Please read the following terms of use, as they contain important information regarding your legal rights and remedies.
By accessing or using the Pennsylvania Horse Racing Association’s (“Property”) website, www.pennhorseracing.com (the “Website”), you agree to be bound by the following terms and conditions governing use of the Website (the “Terms of Use”). If you do not agree to these Terms of Use, you should not use or access the Website.
Use of website
The content on the Website is for general information purposes only and is for your personal and noncommercial use. You may only use the Website in accordance with these Terms of Use and may not use the Website to engage in any unlawful activity or fraudulent purpose or to infringe on the rights of Property, its affiliates or others.
You may not directly or indirectly interfere or attempt to interfere with the proper working of the Website, and you may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you represent and warrant that, without the prior written consent from an authorized representative of Property, you will not use any robot, spider, other automatic device or manual process to monitor or copy our webpages or the content contained herein; frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and forms); or use any meta tags or any other “hidden text” utilizing Property’s name, trademarks, service marks or trade names.
Proprietary information
As between you and Property, all content on the Website, including text, design, graphics, interfaces and code, and the selection and arrangement thereof, is owned by Property unless otherwise expressly indicated on the Website and is protected as a compilation under the copyright laws of the United States and international copyright laws. You may not modify, copy, distribute, transmit, display, perform or create derivative works from the content, information or material on the Website.
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Property, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission. Property reserves all rights not expressly granted in and to the Website and its content.
User-supplied content
You understand and acknowledge that you are solely responsible for any and all information, data, text or other materials or content that you provide to Property, and Property is not responsible nor liable for such user-supplied content. When you post or transmit information through the Website, you grant Property an irrevocable, nonexclusive, royalty-free, sublicensable, worldwide license to use such information for any purpose, except for such restrictions as are set forth in these Terms of Use.
You agree that you will not post offensive, abusive, harassing, unlawful or otherwise objectionable material on the Website. Property reserves the right, but does not assume the obligation, to remove, edit or relocate any user-supplied content at its sole discretion.
Use by United States residents
This Website has been published in the United States and is directed toward residents of the United States. You agree to use the Website in accordance with all United States federal, state and local laws and these Terms of Use. If you access the Website from outside of the United States, you do so at your own risk and are responsible for complying with all applicable local laws.
Your responsibilities
If you have created an account on the Website, you are responsible for maintaining the confidentiality of your sign-in information and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Property of any unauthorized uses of your account.
Account cancellation
Individuals who have created accounts on the Website may cancel their accounts at any time by notifying Property and following the necessary cancellation procedures. There is no minimum commitment to open or maintain an account.
Links
The Website, including these Terms of Use, may have links to third-party websites or resources. Links do not constitute endorsements by Property of any third-party websites accessible through such links, their content or any products or services made available thereon. If you access another website from this Website, you hereby release Property from any and all liability for your use of any link. Property has no control over the content of outside websites. You agree and acknowledge that Property is not responsible or liable for any content or related materials contained on any of these third-party websites. Different terms and conditions may apply to your use of any linked sites.
No warranty
The Content and other materials contained herein are provided “as is,” and to the maximum extent permitted by law, property, its affiliates and their respective officers, directors, agents, subcontractors, suppliers and representatives hereby disclaim (1) all warranties, express or implied, including but not limited to implied warranties of noninfringement, merchantability or fitness for a particular purpose, that the Website’s content, functions, operation or availability will be uninterrupted or error-free, that defects will be corrected or that the Website or the systems that make it available will be free of viruses or other harmful components and (2) any liability for errors or omissions in the content contained on the Website and for any downtime experienced on the Website.
Limitation of liability
PROPERTY AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH BROWSING OR OTHER USE OF THE WEBSITE OR ITS CONTENT OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR ERRORS, INACCURACIES, OMISSIONS OR MISLEADING STATEMENTS. USERS OF THE WEBSITE EXPRESSLY UNDERSTAND AND AGREE THAT SUCH USE IS AT THEIR OWN RISK AND THAT PROPERTY SHALL NOT BE LIABLE TO ANY USER OF THE WEBSITE OR ITS CONTENT, OR TO ANY THIRD PARTY, FOR ANY LOSS, EXPENSE OR DAMAGE, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFIT OR REVENUE, HOWEVER SUCH DAMAGES ARISE, THAT RESULT DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON THE WEBSITE, ITS CONTENT OR OTHER INFORMATION OBTAINED, DOWNLOADED, LINKED OR OTHERWISE ACCESSED THROUGH THE WEBSITE, EVEN IF PROPERTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. PROPERTY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD PARTIES OFFERING SERVICES ON THE WEBSITE. PROPERTY SHALL NOT BE RESPONSIBLE NOR LIABLE FOR OR IN CONNECTION WITH ANY SUCH THIRD-PARTY TRANSACTIONS, COMMUNICATIONS OR OTHER DEALINGS.
Indemnification
You hereby agree to indemnify, defend, release and hold harmless Property, its officers, directors, employees and agents from and against any and all third-party claims, liabilities, damages and/or costs and expenses (including but not limited to, attorneys’ fees) incurred as a result of or arising from (i) your use of the Website or access by others to the Website under your authority or control or using your account or (ii) content or other information you submit, disclose, discuss or provide on the Website.
Disclaimers
The Website allows you to access and view content, including but not limited to benefit and rewards information, reservations, R.S.V.P.s, online purchases, transaction history and other related information. The content contained on the Website is not guaranteed by Property to be accurate, complete, current or reliable and is subject to errors, omissions or withdrawal without notice.
No federal agency or other governmental authority has judged the merits or value, if any, of the information provided on the Website.
Privacy
Property’s Privacy Policy, found at www.pennhorseracing.com/privacy-policy applies to use of the Website, and its terms are incorporated into these Terms of Use.
Termination of access
You acknowledge that Property may terminate your access to this Website at any time, for any reason, with or without cause.
Changes to website
Property reserves the right to modify these Terms of Use and to change, suspend or discontinue all or any portion of the Website or its content at any time, in its discretion, without notice. Your continued use of or access to the Website or its content constitutes your acceptance of any modifications to these Terms of Use. You are responsible for remaining knowledgeable as to any modifications that Property may make to these Terms of Use. Your sole remedy should you not consent to a modified term of these Terms of Use, is to cease use of or access to the Website or its content. The most current Terms of Use will be available at all times through the Website and will supersede all previous versions of these Terms of Use.
Waiver
Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Property. Any waiver of any provision of these Terms of Use shall not be held to be a waiver of any other provision or any subsequent application of the same provision unless explicitly agreed to by Property in such signed written waiver.
Governing law
These Terms of Use shall be governed by and construed in accordance with the laws of the state/Commonwealth of Pennsylvania, without giving effect to any principles or conflicts of laws and the federal laws of the United States, regardless of where the user is based. You agree to bring any claims arising under these Terms of Use exclusively into courts within the state/Commonwealth of Pennsylvania.
Additional terms
Additional terms, conditions and disclaimers regarding the use of Website functions may appear within the body of the Website and are incorporated herein by reference.
Invalidity of terms
If any part of these Terms of Use is found to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.
Responsible gaming
Property is committed to a policy of responsible gaming. While Property recognizes that the overwhelming majority of customers participate in various forms of recreation and amenities in a responsible and rational manner, there are some who do not. For those seeking help, call 1-800-GAMBLER.
Property information
The Pennsylvania Horse Racing Association
P.O. Box 201803
York, PA 17402
