There are NO signup fees, NO membership fees, and NO required minimums
The
Price for each report will be clearly marked on or next to the Button to select
the report and is payable in US dollars.
Monthly subscription rates will be available on a per-track basis.
1. TERMS OF AGREEMENT. This Agreement
shall become effective on the Contract Date set forth above 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 receipt of the notice or the date specified in the notice.
2. CHARGES AND PAYMENTS. From the Contract Date, Member shall be
responsible for all usage incurred by its username. All charges for The
Professor's services shall be in accordance with the price set forth. Parimutual
Investments Inc. shall submit prior month's charges to Member's credit card the
first week of the month. Accounts not paid within thirty (30) days of the date
of billing will be subject to a service charge of one and one-half percent (1
1/2%) per month. The charges for information do not include any federal, state,
county or local taxes, if any, relating to this Agreement, however designated
or levied, and Member shall bear the expense of any such taxes.
3. NO WARRANTY. Parimutual Investments Inc. (dba The Professor Racing
Analysis) makes no warranties as to the Information, including its quality or
accuracy. Member recognizes that the accuracy of the Information should be
checked before Member relies on it. Neither Parimutual Investments Inc. nor its
licensors, Information providers, agents or business associates ("associates")
shall be liable to Member, its Members or any other party (i) for any loss,
damage, cost, or expense arising from the transmission or receipt of any
erroneous, incomplete or out of date Information or (ii) for any delays or
interruptions in the Service, whether or not resulting from transmission
failure, Parimutual Investments Inc. malfunctions, or negligence of Parimutual
Investments Inc. or its associates, Information providers or business partners.
In no event should Parimutual Investments Inc. or its associates be liable for
any incidental, consequential, or exemplary damages or for damages incurred by
or paid to any third party in connection with the Service. Member agrees to hold
harmless Parimutual Investments Inc. and its associates from loss, expense, and
damages claimed or incurred by any third party arising out of the performance of
this Agreement.
4. MEMBER 'S RESPONSIBILITIES AND WARRANTIES. It is expressly understood
that no part of any information received from Parimutual Investments Inc. may
be reproduced, resold, published, transmitted, disseminated, distributed or
commercially exploited by the Member in its existing or any altered form or by
any means, including, without limitation, electronically or mechanically,without
the prior written consent of Parimutual Investments Inc. Member agrees not to
use the information to conduct any commercial business without the prior written
consent of Parimutual Investments Inc. or any activity prohibited by law.
Member acknowledges that the assigned username and/or password is for Member's
personal use and Member agrees not to transfer or assign, or permit any third
party to directly or indirectly use, said username and/or password.
5. MEMBER OBLIGATION REGARDING EXTENSION OF CREDIT. Member hereby
authorizes Parimutual Investments Inc.(dba The Professor Racing Analysis) to use
the credit card Information furnished by Member to Parimutual Investments Inc.
hereunder for purposes of fulfilling Member's payment obligations under this
Agreement. Member further represents and warrants that (i) the credit card
Information provided to Parimutual Investments Inc. hereunder (card number,
expiration date, cardholder's name) is valid in all material respects and
lawfully authorized for use, and that (ii) such credit card belongs to Member or
has been authorized for use by such Member by the valid cardholder.
6. LIMITATION OF ASSIGNMENT. Member shall not voluntarily or by operation of
law assign this Agreement in whole or in part. Notwithstanding this limitation
on assignment, this Agreement shall be binding upon and shall inure to the
benefit of the parties hereto, and their heirs, successors and assigns.
7. WAVIER. 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.
8. MODIFICATION. This Agreement represents the entire
agreement between the parties, provided that Parimutual Investments Inc.
reserves the right, in its sole discretion and without prior notice, to modify
this Agreement or establish Operating Rules by delivery of a notice to Member
as provided herein or by publishing such modification or such Operating Rules
online when the information being purchased hereby is accessed by Member.
9.
NOTICE. Any notice required or permitted herein shall be in writing and
delivered by mail, postage prepaid, or by e-mail to the party to receive at the
address on the Membership Application.
10. ATTORNEY FEES. Member agrees
to pay all reasonable attorney fees and costs incurred by Parimutual Investments
Inc. if Parimutual Investments Inc. prevails in enforcing any provisions of this
agreement including, but not limited, to the cost of collecting any sums owed.
11. GOVERNING LAW. This Agreement shall be governed by the laws of
the Commonwealth of Kentucky and the parties agree that any action arising out
of this Agreement shall be brought in state or federal court in Fayette County,
Kentucky and the parties consent to venue and jurisdiction of such courts.
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