This Commercial Service Agreement (Agreement) is made and entered into as of
Billing Procedures And Service Charges
- All billing is on a monthly basis and charged in advance on the first of each calendar month.
- Billing charges are based on the previous calendar month usage of the web site as follows. Total monthly charge is calculated on the storage of data on the web site for each and every horse, whether active or inactive, that was stored any time during the previous month.
- The current monthly charge per such horse is indicated below at the web site registration entry form.
- While TLore will strive to improve the value You receive from this web site, there may be increasing costs of developing, maintaining, and supporting features and functions for the web site. Accordingly, TLore reserves the right to modify its monthly charges with or without notice. You agree to pay the then-current monthly charge for using the web site. If You disagree with a then-current monthly charge, Your sole remedy shall be to promptly cease all access and use of this web site and to terminate this Agreement.
- 30-Day Free Trial For New Clients. If You are a new client signing on to this web site, You are permitted free use of the web site for a 30 days trial period and until the first of the following calendar month, at which time You will be billed on a monthly basis thereafter according to this Agreement.
- Automatic Billing of Charges. Monthly bills will be automatically charged to Your account with a major credit card or to an Internet automatic payment service as may be optionally made available to You by TLore. See the web site registration entry form below for the bill payment options available to You.
Providing Feedback To TLore
- TLore is continuously striving to improve your experience with, and the value You receive from, this web site. TLore welcomes Your constructive feedback regarding the web site features and functions. From time to time, TLore may make reasonable inquiries regarding such feedback from You. Any comments, suggestions, or ideas You provide to TLore, as part of Your feedback, shall be owned solely by TLore and be freely used by TLore and may be included in this web site and related software for use by all users, at TLore's sole discretion.
- If You have any specific request for customized features for Your proprietary private use, please contact TLore in writing with clear indication that such request is for confidential customized features for private use and for further negotiation of terms and costs under a separate Confidential Customized Use Agreement.
- You agree that this web site contains proprietary, confidential, and commercially valuable information (collectively, Confidential Information) of TLore, and that in consideration for Your access to this web site and receipt of such Confidential Information of TLore You shall limit access to the web site and use of any such Confidential Information of TLore to only Yourself and only for the purpose of normal use of this web site as intended hereunder. You further agree to protect from disclosure to any third party such Confidential Information of TLore, until it does not qualify as Confidential Information as defined herein.
- TLore agrees to receive and protect from disclosure outside of TLore Your Confidential Information that you store on the web site until such stored information does not qualify as Confidential Information as defined herein. TLore further agrees that it will not use Your Confidential Information stored on the web site, without your prior written permission, except for the purpose of administering this web site. You acknowledge and agree that TLore, and its employees, may have access to this web site and the information stored therein for the purpose of administering this web site.
Confidential Information does not include information that: (a) is, or becomes, publicly known through no wrongful act on the receiving party's part; (b) is, at the time of disclosure under this Agreement, already known to the receiving party without restriction on disclosure; (c) is, or subsequently becomes, rightfully and without breach of this Agreement, in the receiving party's possession without any obligation restricting disclosure; (d) is independently developed by the receiving party without breach of this Agreement; (e) is furnished to a third party by the disclosing party without an obligation of confidence; (f) is required to be disclosed by law or applicable legal process provided, however, that a minimum of thirty (30) days written notice shall be provided by the party intending to disclose in order to permit the other party to take such action as it deems appropriate to prevent or limit such disclosure; or (g) is explicitly authorized for public release by written authorization of the disclosing party.
Either party may terminate this Agreement with 30-days prior written notice delivered to the other party at their office address indicated in this Agreement.
if TLore determines, at its sole discretion, that You are violating any of TLore's intellectual property rights, or causing harm to the web site, or impairing in any way the normal use and operation of the web site as intended under this Agreement, TLore reserves the right to immediately terminate Your use of the web site, without prior notice to You, and thereafter TLore may make arrangements with You to return a copy of Your information that was stored in the web site. TLore reserves the right to terminate inactive user accounts. You agree that upon termination TLore may delete all Your information stored in the web site and bar You access to Your account and to the web site. You further agree that TLore shall not be liable to You or any third party for any termination of Your access to the web site or to any of Your information that may have been stored in the web site. You agree to defend, indemnify, and hold TLore harmless from and against any and all claims, losses, liability costs and expenses, including but not limited to attorney's fees, arising from, or related to, Your violation of this Agreement, any applicable state or federal laws or regulations, any third party's rights, including but not limited to infringement of any copyright, violation of any proprietary right, and invasion of any privacy rights. This obligation shall survive any termination of this Agreement.
Modifications To Web Site Service And/Or Agreements
- TLore reserves the right at any time to modify or discontinue, temporarily or permanently, the web site and associated service at reasonable notice to You. You agree that TLore shall not be liable to You or to any third party for any modification or suspension or discontinuation of the web site and associated service.
- You agree that TLore may modify this Agreement and any of its terms if necessary to comply with any other agreements that TLore may be bound by, now and in the future, or to comply with applicable law, or to respond to changing business conditions. Your continued use of this web site, after receiving reasonable notice of any such modifications to this Agreement, shall constitute your acceptance to this Agreement with the new modifications. If You do not agree to such modifications, You may terminate this Agreement by immediately ceasing all access and use of this web site and delivering Your written notice of such termination to TLore at their office address indicated in this Agreement.
Ownership And No Implied Licenses
TLore remains owner, shall own, and be vested in, and shall retain all right, title, and interest in and to the web site and related software and the Confidential Information of TLore, and nothing herein shall confer upon You any right, title, or interest therein, unless expressly set forth herein.
You remain owner, shall own, and be vested in, and shall retain all right, title, and interest in and to Your Confidential Information stored on the web site, and nothing herein shall confer upon TLore any right, title, or interest therein, unless expressly set forth herein.
Each party agrees that this Agreement does not grant any right or license, under any intellectual property rights of the other party, or otherwise, except as expressly provided in this Agreement, and no other right or license is to be implied by or inferred from any provision of this Agreement or by the conduct of the parties.
No Resale Of Service Permitted
For purposes of this section, Service is defined as providing any portion of this web site, or the service provided by this web site. You agree not to copy, sell, resell, rent, or sublicense (including providing Service to third parties on an applications service provider or time-sharing basis), lease, loan, redistribute, or create a derivative work of the Service, use of the Service, or access to the Service. You agree not to access the Service by any means other than through the user interface provided by TLore for accessing and using this web site and the associated service.
TLore provides access and use of the web site to You "AS IS". TLore does not warrant to You that the web site, or any associated information, will meet Your requirements or that use of the web site will be without problems.
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED.
Limitation of Liability
TLore's entire liability to You for claims relating to this Agreement, whether for breach or in tort, shall be limited to $100.
IN NO EVENT WILL TLORE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT (INCLUDING LOSS OF PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), NO MATTER WHAT THEORY OF LIABILITY, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE AND EVEN IF TLORE HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES. FURTHER, LIABILITY FOR SUCH DAMAGE SHALL BE EXCLUDED, EVEN IF THE EXCLUSIVE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. The provisions of this Limitation of Liability section fairly allocate the risks under this Agreement between You and TLore and the parties have relied upon the limitations set forth herein in determining whether to enter into this Agreement.
Publicity and Third Party Offerings
- You agree that TLore may publicly use only your name in TLore publications and public statements in connection with promoting this web site.
- TLore, from time to time, may provide You with notices from, and links to web sites of, other companies that provide information, goods, and/or services that could be valuable to You and your business. These other companies are independently offering their information, goods, and/or services, and they are not affiliated with TLore or any of its employees and officers. If You take advantage of any such offerings from these other companies, You do this at your own risk and without any reliance on statements or reputation of TLore, and its employees and officers. You agree that TLore is not responsible for the availability of such web sites, or the quality of or your satisfaction with any such offerings, and that TLore does not endorse and is not responsible or liable for any information, content, advertising, products, or services, on or available from such web sites. By providing notices from, and links to web sites of, these other companies that provide these offerings to You TLore may receive monetary benefits from these other companies.
True And Accurate Registration
In consideration of Your continued use of this web site, You agree to hereby provide in Your registration as user under this Agreement true, accurate, and current, and complete information about yourself as prompted by this web site registration entry form below, such information being herein referred to as "Registration Data", and further You agree to maintain and promptly update such Registration Data in the web site to keep it true, accurate, current, and complete. If You provide any information that is untrue, inaccurate, not current, or incomplete, or TLore has reasonable grounds to suspect that Your Registration Data is untrue, inaccurate, not current, or incomplete, then TLore may immediately suspend or terminate Your account and refuse any and all current or future use of the web site and associated service.
You may not use the web site and associated services until after You have read and accepted all of the terms and conditions of this Agreement. You shall not attempt to use or access any of TLore's other computing systems, software, or data, that are not made available for Your use under this Agreement.
By clicking the SUBMIT button below, You agree to the preceding terms and conditions and You accept this Agreement.
TLore's acceptance of this Agreement, to form a contract between You and TLore hereunder, shall occur after TLore receives and processes Your identifying information and Your bill payment information that You provide below, and then only after TLore provides You an account ID and Password to begin Your use of the web site under this Agreement.
[Please note that the current monthly charge per horse per month is $3.00.]