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Your information will not be shared with any other party, nor will it be abused.
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YOUR USE OF THIS WEBSITE IS SUBJECT TO, AND RESTRICTED BY, THE FOLLOWING TERMS AND CONDITIONS, WHICH ARE CONDITIONS PRECEDENT TO YOUR USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE PURCHASING AND RECEIVING OF ELECTRONIC PRODUCTS (”PRODUCTS”) PROVIDED BY ROBIN GLENN PEDIGREES, INC. (“RGP”). 1. TERMS OF THIS AGREEMENT (a) RGP may, at its option, terminate this service to you, without notice, for material breach of this Agreement, including, without limitation: i. If you impair or attempt to impair the integrity of RGP's computer programs, information or services. ii. If you disseminate information acquired hereunder in violation of section 5 below; provided, however, that RGP will still be able to exercise all of its other rights and remedies under this Agreement at law and in equity. (b) If you plan on purchasing a PRODUCT, RGP shall provide you with the ability to select a User I.D. and Password. You shall maintain your User I.D. and Password in strict confidence. You shall be solely responsible for the maintenance of the confidentiality of your User I.D. and Password. Unauthorized sharing of a User I.D. and Password is prohibited. (c) You shall be responsible for all electronic communications, including account registration and other account holder information, email and financial and other data ("Electronic Communications") entered through or under your User I.D. and Password. You authorize RGP to rely upon any information RGP receives from your User I.D. and Password and you acknowledge that RGP shall not, in any way, be liable as a result of RGP relying on any such information provided by you. RGP will act as though any Electronic Communications RGP receives under your User I.D. and Password were sent by you. You agree to immediately notify RGP if you become aware of any loss or theft or unauthorized use of your User I.D. and Password. 2. CHARGES AND PAYMENT (a) If you make a purchase, you shall bear sole responsibility for the payment of any taxes imposed on your purchase and receipt of the PRODUCTS by the national and/or local jurisdictions of and within your country. (b) No refunds will be granted for any purpose. In the event of an RGP system failure while you are purchasing or receiving PRODUCTS, RGP will not charge your credit card account for such usage provided that the PRODUCT is not completely received by you. (c) All charges to your credit card account by RGP shall be denominated in United States currency. 3. NO WARRANTY RGP MAKES NO REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AS TO ANY MATTER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OF ANY INFORMATION OR PRODUCT FURNISHED HEREUNDER AND YOU ACCEPT SUCH INFORMATION AND PRODUCTS ON AN "AS IS" BASIS. 4. LIMITATION OF LIABILITY (a) In no event shall either party be liable to the other 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, existence, furnishing, or functioning of any PRODUCT or information provided for under this Agreement. (b) You understand and agree that with multiple processing of complex data, and with reliance upon information acquired from multiple sources, errors and omissions can and do occur despite commercially reasonable efforts to avoid them, and RGP expressly disclaims any responsibility or liability for any loss or consequential damages resulting to you or any third party from errors or omissions in the PRODUCTS. RGP shall not be liable for any loss or damage, 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 RGP's control whether or not similar to the foregoing. (c) Customer acknowledges that RGP is not responsible for notifying Customer of any upgrades, fixes or enhancements to any Software (defined below) or for any compromise or loss of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. (e) RGP shall, at it sole option, have the right to reprocess information to correct any errors of which it is or becomes aware. 5. RESTRICTIONS ON USE OF DATA (a) You understand and agree that all information acquired hereunder is for your personal use. All of the information on ROBINGLENN.com is proprietary to or is licensed to RGP by our users or third parties. You agree not to use any robot, spider, scraper or any other automated means, by whatever name known, to access ROBINGLENN.com for any purpose without RGP expressly providing, in an authorized writing, such permission. (b) You agree not to: (i) take any action that imposes, or may impose in RGP’S sole discretion an unreasonable or disproportionately large load on RGP'S infrastructure; (ii) copy, reproduce, modify, frame, create derivative works from, distribute or publicly display any content (except for your internal personal non-commercial use), disseminate, distribute, or otherwise transfer or provide access to information acquired from ROBINGLENN.com without RGP having first provided you with an authorized signed writing expressly permitting you to do so; (iii) interfere or attempt to interfere with the proper working of ROBINGLENN.com or any activities conducted on ROBINGLENN.com; (iv) bypass measures we may use to prevent or restrict access to ROBINGLENN.com; (v) access ROBINGLENN.com by any means other than through the interface that is provided by RGP for use in accessing ROBINGLENN.com; or (vi) otherwise violate the limited scope of permission hereby expressly granted. These restrictions shall survive the termination of this Agreement. (c) You understand and agree that information acquired hereunder is provided for use in an online or hardcopy print environment. You agree that you will not download information acquired hereunder with the intent to database it for future use. RGP, at its sole discretion, will determine if user activity patterns indicate that information is being used for purposes other than personal use. If RGP determines that information is being used for purposes other than personal use, RGP shall immediately terminate any subscriptions, deactivate any accounts and no refunds will be issued. (d) You understand and agree that RGP provides the capability to search and display horse names, along with other indicative information for horses, to facilitate the running of certain RGP and/or third party products. Use of this capability to search and display horse information for reasons other than as provided for in this Paragraph 5(d) is prohibited and RGP shall restrict access for unauthorized use, which use shall be considered a material breach of this Agreement. 6. PROPRIETARY DATA (a) This website and all systems, programs, records, statistics, data, documentation, and any other material utilized or developed by RGP in connection with this Agreement and the PRODUCTS and information supplied hereunder shall be and remain the sole property of RGP or its third party licensors. All rights, title to, and interest in, including copyrights and renewals thereof, all systems, programming, records, statistics, data, documentation, operator's manuals, components, and accessories comprising the system furnishing the services hereunder and provided by RGP shall remain the property of RGP or its licensor at all times. (b) Robin Glenn, Robin Glenn Pedigrees, RGP Equine Data, and FoalTracker™ are trademarks of Robin Glenn Pedigrees, Inc. You shall in no way appropriate such marks as your own, nor shall you use such marks without having first obtained the written permission of RGP. (c) You may not modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based upon the Software for any PRODUCTS, without RGP's written consent. 7. MISCELLANEOUS (a) No waiver shall be effective unless made in writing. (b) This Agreement represents the entire agreement between the parties hereto. (c) THE LAWS OF THE STATE OF OKLAHOMA, USA, APPLICABLE TO AGREEMENTS EXECUTED AND PERFORMED WHOLLY WITHIN OKLAHOMA, SHALL GOVERN THE VALIDITY, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT. IT IS EXPRESSLY AGREED TO BY AND BETWEEN THE PARTIES HERETO AND ANY OTHER PERSON OR PERSONS SEEKING TO UTILIZE THE SERVICES PROVIDED FOR HEREUNDER, THAT ANY LAWSUIT BROUGHT AGAINST RGP SHALL BE COMMENCED AND ADJUDICATED ONLY IN THE UNITED STATES DISTRICT COURT OF THE WESTERN DISTRICT OF OKLAHOMA OR IN OKLAHOMA STATE COURTS LOCATED IN CANADIAN COUNTY. (d) If any provision of this Agreement or its application is held to be invalid, illegal, or unenforceable in any respect, the validity, legality or enforceability of any of the other provisions and applications herein shall not in any way be affected or impaired. (e) You hereby agree to indemnify and hold RGP and its affiliates, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (i) your use of this website or (ii) any alleged breach of this Agreement by you. (f) By using this website, you signify your agreement to the terms and conditions of this Agreement. If you do not agree to the terms in this Agreement, you must not use this website. RGP reserves the right to change the terms of this Agreement at any time, and your use of this website after such changes are posted means that you accept such terms as revised.
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