Terms and Conditions of Use


  1. This website (the "Site") is owned and operated by The New York Thoroughbred Breeders, Inc. ("NYTB"), a New York not for profit corporation.
  2. By using this Site, you agree to the Terms and Conditions of Use set forth herein ("Agreement").
  3. NYTB reserves the right, at its sole discretion, to change, modify, add, or remove all or any part of the Agreement.
  4. The contents of the Site are protected by copyright and/or other laws in both the United States and elsewhere.
  5. NYTB grants you a non-exclusive and limited license to access and view the contents of the Site solely for your personal use. You are also granted a non-exclusive and limited license to print a copy of all or any part of the contents of the Site for your personal use and for no other purpose. Before copying any of the contents of the Site, you agree to destroy or cause to be destroyed any already existing copies of such items in your possession or subject to your control. You agree that you will not keep and maintain more than one copy of any part of the contents of the Site.
  6. Except as expressly and explicitly permitted under the Agreement, copying, storing, displaying, reproducing, distributing, selling, licensing, sublicensing, publishing or creating derivative works of any content of the Site is expressly prohibited without prior written permission from NYTB or the copyright holder identified in the individual contents copyright notice. Without limiting the generality of the foregoing, you also agree not to use any robot, spider or other automated device to monitor or copy the contents of the Site, for purposes other than indexing the site and publishing these results in publicly accessible search engines. Also without limiting the generality of the foregoing, nothing on the Site may be reverse-engineered, disassembled, decompiled, or retransmitted in any way through any medium or otherwise translated into any language, including but not limited to computer language. You are expressly prohibited from framing or linking or otherwise using or displaying the Site in such a manner so that it appears to be part of your own or someone else's web site. You shall not link to any page on the Site or otherwise link in a manner that bypasses the Site home page. You may not place NYTB trademarks as metatags in any website.
  7. NYTB does not represent or endorse the accuracy or reliability of any information or any statement displayed or distributed through the site. You acknowledge that any reliance upon any such information or statement shall be at your sole risk. The site and its contents are provided on an "as is" basis without any warranties of any kind, whether express or implied. Much of the content of the site and the content within specific messages, comments, or other postings, is provided by and is the responsibility of the third-party creator of the material. NYTB has no responsibility for such content and is merely providing access to such content as a service to you. NYTB makes no claims that the contents of the site are appropriate for any particular purpose or audience, or that they may be lawfully downloaded outside of the United States. Access to the contents (including software) may not be legal by certain persons or in certain countries. If you access the site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.
  8. NYTB is not responsible for the content of linked third-party sites and does not endorse, support, or make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party websites, you do so at your own risk.
  9. NYTB, to the fullest extent permitted by law, disclaims all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. NYTB makes no warranties about the accuracy, reliability, completeness, or timeliness of the contents of the site, services, software, text, graphics, and links or about or for the information systems, software and functions made accessible by or through the site, for any products or services or any security associated with the transmission of sensitive information.
  10. NYTB does not warrant that the site will operate error-free, that loss of data will not occur, or that the site or its server is free of computer viruses, contaminants or other harmful items. If your use of the site or its contents results in the need for servicing or replacing equipment or data, NYTB is not responsible for those costs.
  11. Your use of the site is at your own risk. In no event shall NYTB be liable to any user or any third party for any damages whatsoever (including, without limitation, direct, indirect, incidental, consequential, special, exemplary or lost profits) resulting from the use or inability to use the site or its contents, whether based on warranty, contract, tort, or any other legal theory, and whether or not NYTB is advised of the possibility of such damages.
  12. You agree that you will not, directly or indirectly (by, for example and without limitation, assisting someone else), publish, post, disseminate, transmit or store, any material that (a) violates anyone's intellectual property rights (including trademarks, copyrights, patents, trade secrets, publicity rights, or, to the extent protectable, confidential ideas); (b) violates U.S., state or other law or regulation (c) contains content that is obscene, obscene as to minors, pornographic (child or otherwise), defamatory, racist, lewd, lascivious, filthy, excessively violent or otherwise objectionable; (d) contains viruses, corrupted files or other contaminants that may damage the operation of another device; (e) advertises or offers to sell any goods or services for any commercial purpose; (f) constitutes or contains surveys, contests, pyramid schemes or chain letters; (g) misrepresents the identity of another person or entity, or falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is posted; (h) contains or constitutes spam, a mass unsolicited email message or unsolicited advertising; or (i) restricts or inhibits any other user from using and enjoying the Site.
  13. It is NYTB's policy, in appropriate cases, to restrict access to or availability of material that NYTB considers within the scope of paragraph 12 above. It is also NYTB's policy to terminate, in appropriate circumstances, the access rights of copyright infringers. Please be advised that the provisions of this paragraph 13 are intended to give notice of NYTB's policies, but are not intended to impose a contractual obligation on NYTB to undertake, or refrain from undertaking, any particular course of conduct. Furthermore, NYTB has no obligation to monitor the display and communication of content posted by third parties. Without limiting NYTB's rights with respect to any content on the Site, you expressly agree that NYTB in its sole discretion may remove, disable or restrict access to, or the availability of, any content, including any material you have posted and/or stored, which NYTB believes, in good faith and in NYTB's sole discretion, to violate the Agreement, whether or not NYTB is in fact correct in its assessment.
  14. You acknowledge that others may read your communications without your knowledge. Generally, any communication that you post to the Site (whether in e-mail, technical publications, classified or otherwise) is considered to be non-confidential.
  15. By posting communications on or through the Site, you automatically grant NYTB a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other work in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees. You hereby waive all rights to any claim against NYTB for any alleged or actual infringements of any proprietary rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.
  16. You agree to defend, indemnify, and hold harmless NYTB, its officers, directors, employees and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Agreement. NYTB shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your request and expense, in defending any such claim, suit or proceeding. NYTB and all indemnified parties reserve the right, at their own expense, to participate in the defense or settlement or to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any such matter without the written consent of the party being indemnified.
  17. All disputes arising out of or relating to this Agreement or NYTB's operation of the Site shall be resolved by binding arbitration in Saratoga Springs, New York, pursuant to the rules of the American Arbitration Association. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of New York, without reference to such state's conflict of laws provisions. You agree that NYTB shall be entitled to obtain preliminary injunctive relief to enforce any of the terms of the Agreement pending a final determination in arbitration. To the extent that this Agreement permits a party to bring an action in a court of competent jurisdiction, the parties agree to submit irrevocably to the state and federal courts located in or near Saratoga Springs, New York and that such courts shall be the venue of choice in any such proceedings permitted under this paragraph.
  18. If any provision of this Agreement shall be found invalid or unenforceable, in whole or in part, for any reason, then such provision shall be construed and/or modified or restricted to the extent necessary to render the same valid and enforceable, or it shall be deemed excised from this Agreement, as the circumstances may require, and this Agreement shall be construed and enforced to the maximum extent permitted by law, as if such provision had been originally incorporated herein as so modified or restricted or as if such provision had not been originally incorporated herein, as the case may be. NYTB reserves the right, in its sole discretion, to seek a lawful substitute for any provision found to be unlawful. If the parties are unable to agree upon a lawful substitute for such a provision, NYTB may, in its sole discretion, request that a court or other authority called upon to decide the enforceability of this Agreement modify such provision in a manner that will result in an agreement that is enforceable to the maximum extent permitted by the law in existence at the time of the requested enforcement. Any invalidity or unenforceability of any provision of this Agreement shall attach only to such provision and shall not affect or render invalid or unenforceable any other provisions of this Agreement or any other agreement or instrument.
  19. No waiver of any provision of the Agreement shall be deemed a further or continuing waiver of such term or any other term.
  20. NYTB may assign its rights and duties under the Agreement to any party at any time without notice to you. Your rights and duties under the Agreement are not assignable by you without the prior consent of NYTB.
  21. NYTB may terminate your use or right to access any or all portions of the Site. Except for such termination of use or rights, the terms and conditions of this agreement shall survive termination of this Agreement and continue to be enforceable.