TERMS OF USE
Robin Glenn Pedigrees,
LLC
The following terms of use of this web site are precedent to your
use of, or your access to, any and all information displayed on RobinGlenn.com, including, but not limited to, the
purchasing and receiving of electronic products (”products”). If you do not
agree to these terms and conditions, you must not use this web site.
ROBINGLENN.COM is owned and operated by ROBIN GLENN
PEDIGREES, LLC.
1. TERMS
(a) Robin Glenn Pedigrees, LLC may, at its option, terminate this
service to you, without notice, for material breach of these Terms of Use,
including, without limitation:
(i) If you impair or attempt to impair the
integrity of Robin Glenn Pedigrees, LLC’s computer programs,
information or services.
(ii) A violation of section 4 below; provided,
however, that Robin Glenn Pedigrees, LLC will still be able to exercise all of
its other rights and remedies under these Terms of Use at law and in equity.
2. PROPRIETARY DATA
(a) This website and all systems, programs,
records, statistics, data, documentation, and any other material utilized or
developed by Robin Glenn Pedigrees, LLC and any and all information supplied on
this web site shall be and remain the sole property of Robin Glenn Pedigrees, LLC
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 Robin Glenn
Pedigrees, LLC shall remain the property of Robin Glenn Pedigrees, LLC or its
licensor at all times.
(b) RobinGlenn.com™, FoalTracker™, RGP Equine Data™ and RGP Results Report™
are trademarks of Robin Glenn Pedigrees, LLC. You shall in no way appropriate
such marks, or any one of them, as your own, nor shall you use such mark, or
any one of them, without having first obtained the written permission of Robin
Glenn Pedigrees, LLC.
3. NO WARRANTY
Robin Glenn Pedigrees, LLC makes no
representations or warranties, either expressed or implied, including, without
limitation, those of merchantability, fitness for a particular purpose or
non-infringement as to any matter whatsoever including, but not limited to, the
accuracy of any information or product furnished on this web site. 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 this web site or any information provided to you on this web site.
(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 Robin Glenn Pedigrees, LLC expressly
disclaims any responsibility or liability for any loss or consequential damages
resulting to you or any third party from errors or omissions in any information
or product provided to you on this web site. Robin Glenn Pedigrees, LLC 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 Robin Glenn Pedigrees, LLC’s control whether or not similar to the
foregoing.
(c) You acknowledge that Robin Glenn Pedigrees, LLC
is not responsible for notifying you of any upgrades, fixes or enhancements to
any software or for any compromise or loss of data transmitted across computer
networks or telecommunications facilities, including, but not limited to, the
Internet.
(d) You agree to extend the limitation of
liability contained in Paragraphs (a) and (b) of this Section 4 to all other
third-party data providers.
(e) Robin Glenn Pedigrees, LLC shall, at its sole
option, have the right to reprocess information provided to you on this web
site to correct any errors of which it is or becomes aware.
5. RESTRICTIONS ON USE OF WEB SITE
(a) You understand and agree that all information
displayed on RobinGlenn.com is for your personal use. All of the
information on RobinGlenn.com is proprietary to or is licensed to Robin
Glenn Pedigrees, LLC. 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 Robin Glenn Pedigrees,
LLC expressly providing, in an authorized writing, such permission.
(b) You agree not to: (i) take any action that imposes, or may impose
in Robin Glenn Pedigrees, LLC’s sole discretion an unreasonable or
disproportionately large load on Robin Glenn Pedigrees, LLC’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 displayed on this web site without Robin Glenn Pedigrees,
LLC 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 ofRobinGlenn.com or any activities conducted on RobinGlenn.com; (iv) bypass measures Robin Glenn Pedigrees, LLC 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 Robin Glenn Pedigrees, LLC 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 these Terms of Use.
(c) You understand and agree that information
displayed on RobinGlenn.com is provided for your personal use. You agree
that you will not download information acquired hereunder with the intent to
database it for future use. Robin Glenn Pedigrees, LLC, at its sole discretion,
will determine if user activity patterns indicate that information is being
used for purposes other than as provided for in these Terms of Use. If Robin
Glenn Pedigrees, LLC determines that information you acquire on this web site
is being used for purposes other than as provided for in these Terms of Use, Robin
Glenn Pedigrees, LLC may immediately block your access to this web site.
6. MISCELLANEOUS
(a) No waiver shall be effective unless made in
writing.
(b) These Terms of Use represent the entire
agreement between the parties hereto unless you have entered into an RobinGlenn.com customer agreement with Robin Glenn Pedigrees,
LLC.
(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 these Terms of Use. 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 Robin Glenn Pedigrees, LLC shall be commenced and
adjudicated only in the United States District Court of the Central District of
Oklahoma or in Oklahoma State courts located in Canadian County.
(d) If any provision of these Term of Use or their
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 Robin
Glenn Pedigrees, LLC 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 web
site or (ii) any alleged breach of these Terms of Use by you.
(f) By using this web site, you signify your
agreement to these Terms of Use. If you do not agree to these Terms of Use, you must not use this
web site. Robin Glenn Pedigrees,
LLC reserves the right to change these Terms of Use at any time, and your use
of this web site after such changes are posted means that you accept such
changes.