"NAC" means The New Albany Classic, LLC its predecessors, successors, past or present affiliates, subsidiaries, controlled companies or divisions and any present or former officers, directors, member, employees, agents, representatives and any other person or persons acting or purporting to act on its behalf.
This Agreement sets forth the terms and conditions that apply to the use of this website by the end user. By using this website end user agrees to comply with all of the terms and conditions hereof. The right to use this website is personal to end user and is not transferable to any other person or entity. End user shall be responsible for protecting the confidentiality of end user's password(s), if any. End user acknowledges that NAC shall not be responsible for any data lost while transmitting information on the Internet. While it is NAC’s objective is to make the website accessible 24 hours per day, 7 days per week, the website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of NAC, access to the website may be interrupted, suspended or terminated from time to time.
NAC shall have the right at any time to change or discontinue any aspect or feature of NAC, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, NAC may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
3. Modified Terms.
End user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this website and all charges related thereto. NAC shall not be liable for any damages to the end user's equipment resulting from the use of this website.
5. Copyright and Trademarks.
Everything located on or in this website is the exclusive property of the NAC or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE OR ANY OF THE MICROWEBSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF NAC IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.
This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of NAC protected by copyright as a collective work under the United States copyright laws. NAC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End user may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End user may use copyrighted material for end user's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of NAC and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End user acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the website otherwise owned or operated in conjunction with NAC shall not be deemed to be in the public domain but rather the exclusive property of NAC, unless such website is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of NAC, unless otherwise stated.
End user shall not upload, post or otherwise make available on this website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. NAC does not have any express burden or responsibility to provide end user with indications, markings or anything else that may aid end user in determining whether the material in question is copyrighted or trademarked. End user shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Website, End User warrants that the owner of such material has expressly granted NAC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user's personal use. End user hereby grants NAC the right to edit, copy, publish and distribute any material made available on this website by end user.
The foregoing provisions apply equally to and are for the benefit of NAC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. Disclaimer of Warranty; Limitation of Liability.
END USER EXPRESSLY AGREES THAT USE OF THIS WEBSITE AND THE MICROWEBSITES IS AT END USER'S SOLE RISK. NEITHER NAC, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE OR THE MICROWEBSITES.
THIS WEBSITE AND THE MICROWEBSITES ARE MADE ACCESSIBLE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. END USER SPECIFICALLY ACKNOWLEDGES THAT NAC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH END USER.
IN NO EVENT SHALL NAC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS WEBSITE OR THE CONTENTS HEREOF, INCLUDING THE MICROWEBSITES AND ANY SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. END USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE AND THE MICROWEBSITES.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER NAC, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE OR ANY OF THE MICROWEBSITES, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE END USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING WITHOUT LIMITATION LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
NAC IS NOT RESPONSIBLE FOR ANY CONTENT THAT A USER, SUBSCRIBER, OR AN UNAUTHORIZED USER MAY POST ON THIS WEBSITE OR ANY OF THE MICROWEBSITES. ANY CONTENT THAT IS POSTED OR UPLOADED THAT IS OR MAY BE DEEMED UNSUITABLE CAN AND MAY BE TAKEN DOWN BY NAC. MOREOVER, FUDHA RESERVES THE RIGHT TO EDIT, CHANGE, ALTER, DELETE AND PROHIBIT ANY AND ALL CONTENT THAT IT, NAC, DEEMS UNSUITABLE.
NAC shall have the right, but not the obligation, to monitor the content of the website at all times, including any chat rooms and forums that may hereinafter be included as part of the website or any NAC sponsored site or page, to determine compliance with this Agreement and any operating rules established by NAC, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, NAC shall have the right to remove any material that NAC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
9. License Grant.
By posting communications on or through this website, end user shall be deemed to have granted to NAC 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 works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
End user agrees to defend, indemnify and hold harmless NAC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of this Website and/or the Microwebsites by end user.
NAC may terminate this Agreement at any time. Without limiting the foregoing, NAC shall have the right to immediately terminate any passwords or accounts of end user in the event of any conduct by end user which NAC, in its sole discretion, considers to be unacceptable, or in the event of any breach by end user of this Agreement. The provisions of Sections 3, 5, 6, 7, 9, 10, 11 will survive termination of this Agreement.
The New Albany Classic is a trademark of The New Albany Classic, LLC. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on NAC are the property of their respective owners.
13. Equine Event.
End User understands the New Albany Classic is an “equine activity” and thus waives all claims, pursuant to Ohio Revised Code § 2305.321(C), as inherent risks associated with equine activities include but are not limited to (a) the propensity of an equine to behave in ways that may result in injury, death, or loss to persons on or around the equine; (b) the unpredictability of an equine’s reaction to sounds, sudden movement, unfamiliar objects, persons, or other animals; (c) hazards, including, but not limited to, surface and subsurface conditions; (d) a collision with another equine, another animal, a person, or an object; and (e) the potential of an equine activity participant to act in a negligent manner that may contribute to injury, death, or loss to the person of the participant or to other persons, including, but not limited to, failing to maintain control over an equine or failing to act within the ability of the participant.
14. Third Party Content.
NAC, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and end user. Accordingly, NAC has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributors) and not of NAC. Neither NAC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through this website represents the opinions and judgments of the respective information provider, end user, or other user not under contract with NAC. NAC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on NAC by anyone other than authorized NAC employee spokespersons while acting in official capacities. Under no circumstances will NAC be liable for any loss or damage caused by an end user's reliance on information obtained through NAC. It is the responsibility of end user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through NAC.
NAC contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by NAC of the contents on such third-party websites and NAC hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If end user decides to access linked third-party websites, end user does so at its own risk. Unless you have executed a written agreement with NAC expressly permitting you to do so, you may not provide a hyperlink to the website from any other website. NAC reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement and any operating rules for NAC established by NAC constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
These Terms and Conditions and NAC’s website shall be governed by and construed under the laws of the State of Ohio, the state in which the NAC is located. NAC and end user shall submit any and all actions to enforce this Agreement, claims, controversies, disputes, or conflicts of any type and of any manner among NAC and end user to the state courts, in Franklin County, Ohio. The NAC and end user hereby irrevocably consent to the jurisdiction and venue of said courts, and waive any right to remove any action to federal court. Provided, however, that to the extent the Franklin County, Ohio state courts lack subject matter jurisdiction over specific claims, said claims for which subject matter jurisdiction is lacking shall be submitted to a federal district court in Franklin County, Ohio. In all other respects, the Franklin County state courts shall have exclusive jurisdiction. End user agrees that venue is proper in said jurisdiction.