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TERMS AND CONDITIONS

Please read the Membership Agreement ("Agreement") below. By registering as a member of WinningPonies.com you, the customer ("you" or the "Customer") accept all terms of the Agreement, and authorize WinningPonies, Inc. to submit all incurred charges to your credit card. If you have any questions, please contact us using this form.

  1. 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, WinningPonies, Inc. 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 WinningPonies, Inc., 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.

  2. CHARGES AND PAYMENTS.

    From the date your registration is effective, Customer shall be responsible for all usage incurred by its username. All charges for WinningPonies.com service shall be in accordance with the current price schedule as modified by WinningPonies, Inc. upon prior notice to Customer. The information service and Data Products ("Data Products") provided by WinningPonies, Inc. may be purchased with WinningCredits™, the virtual currency on WinningPonies.com. Each time credits are purchased, the appropriate amount will be charged to the Customer's credit card. The current cost of credits is communicated to the Customer before the purchase is finalized. The charges for Data 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. The Customer shall receive a monthly statement (via email) itemizing the transactions during the prior month.

  3. REFUND POLICY.

    WinningPonies, Inc. WILL NOT provide a credit card or PayPal 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 WinningPonies, Inc.

    WinningPonies, Inc. WILL provide a partial or full refund of WinningCredits™ 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 human-readable).
    • More than 50% of the races listed in the product were cancelled by the host track.

  4. SCOPE OF INFORMATION SERVICES PROVIDED.

    This Agreement is made solely for access to the WinningPonies.com web site, a feature of the World Wide Web portion of the Internet at address http://www.winningponies.com, and the Data Products provided thereupon. Acceptance of this Agreement provides no right of access to any other products or services provided, operated, or sold by WinningPonies, Inc.

  5. NO WARRANTY.

    • WINNINGPONIES, INC. 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 WINNINGPONIES, INC., CUSTOMER SUBSCRIBES TO AND UTILIZES THE DATA PRODUCTS ON AN "AS IS" BASIS.
    • USE OF THE WINNINGPONIES, INC. SITE, INFORMATION, DATA PRODUCTS, PROGRAM OR SERVICE IS FOR ENTERTAINMENT PURPOSES ONLY. WINNINGPONIES, INC. 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 Data Products, information or services provided for in this Agreement.

    You acknowledge and agree that data errors and omissions may occur with Data Products despite commercially reasonable efforts to avoid them and WinningPonies, Inc. expressly disclaims any responsibility or liability for errors or omissions in the Data 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 WinningPonies, Inc.'s control whether or not similar to the foregoing.

  6. CUSTOMER'S RESPONSIBILITIES AND WARRANTIES.

    It is expressly understood that no part of any information received from WinningPonies.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 WinningPonies, Inc. Customer agrees not to use the information to conduct any commercial business without the prior written consent of WinningPonies, Inc. 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.

  7. PROPRIETARY DATA.

    All systems, programs, Data Products, documentation and any other materials utilized or developed by WinningPonies, Inc. in connection with this Agreement shall be and remain WinningPonies, Inc.'s sole property. All right, title and interest in and to all systems, programming, Data Products, documentation, operations manuals, components and accessories comprising the system furnishing the information services and Data Products provided by WinningPonies, Inc. shall belong to WinningPonies, Inc. or its licensors at all times. The title to and copyright of all information provided by WinningPonies, Inc. shall remain in WinningPonies, Inc. or its licensors at all times. WinningPonies, Inc. shall have no liability for, and Customer hereby agrees to defend and indemnifies WinningPonies, Inc. from any claims, loss or damages arising from any unauthorized use of the information services and Data Products by Customer.

  8. MISCELLANEOUS.

    1. Customer may not assign this Agreement without the prior written consent of WinningPonies, Inc.
    2. 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.
    3. This Agreement represents the entire agreement between the parties, provided that WinningPonies, Inc. 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 WinningPonies, Inc. services will constitute your acceptance of any such modification.
    4. 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.
    5. 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.
    6. Subscriber agrees to pay all reasonable attorney fees and costs incurred by WinningPonies, Inc. if WinningPonies, Inc. prevails in enforcing any provisions of this Agreement including, but not limited, to the cost of collecting any sums owed.
    7. This Agreement shall be governed by the laws of the State of Nevada and the parties agree that any action arising out of this Agreement shall be brought in state or federal court in Nevada and the parties consent to venue and jurisdiction of such courts.


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