1. Website Content.
a.Third Party Content. Various types of information available on this Website have been provided by third parties (including third party websites) that are independent of XBTV. This information may include the views, opinions, and recommendations of such third parties. XBTV neither endorses such views or opinions, nor is responsible for the availability, accuracy, currency, or reliability of such information including, but not limited to, horse racing information, and the inclusion of such views or opinions is not intended to provide advice or constitute a solicitation. At no time shall anything contained on this Website be deemed an endorsement or recommendation of any third party nor shall it constitute any representation as to a third party’s qualifications, services, products, offerings, information, or any other content. You hereby agree that under no circumstances shall XBTV be liable for any loss or damage caused by Your reliance on such third party information. XBTV makes no representation related to the accuracy or reliability of, nor does it endorse any opinion, declaration or other information published or distributed on its Websites by any user, content provider, or any other person.
b.Hyperlinks. This Website directly or indirectly provides content, hyperlinks, and references to external third party Websites. The materials that can be accessed from such websites are not maintained by XBTV and XBTV is not responsible for the content thereof. XBTV neither endorses nor is responsible for the availability, accuracy, currency, or reliability of any information, statement, opinion, or advice contained in such third party websites or materials. XBTV shall not be liable for any loss or damage caused by Your reliance on information through such third party websites.
2. Copyright & Trademarks.
a.Unless otherwise indicated, the documents and information, including, but not limited to, text, graphics, icons, logos, buttons, audio-video recordings, images, systems, programs, records, statistics, data, documentation of either an audio or visual nature, and any other material utilized or developed on this Website (collectively “IP”) are copyrighted materials of (including renewals), trademarks of (including renewals), and are owned in their entirety by XBTV, its subcontractors, or the party credited as the provider of the content. All IP is subject to the United States and international copyright laws. All software used on this Website is the property of XBTV, its subcontractors, or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, de-compile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of this Website. You may not reuse, reproduce, modify, distribute, transmit, republish, display, publish, or perform any of the content of this Website without the express written permission of XBTV.
b.XBTV reserves the right to terminate Your license to use the Website in its sole and absolute discretion.
c.This Website may also contain third party trademarks and service marks of participating third parties licensed by XBTV. All trademarks and service marks are the property of their respective holders.
a.XBTV uses reasonable efforts to maintain this Website but is not responsible for the results of any defects, outages, interruptions, viruses, or other harmful components that exist in this Website. This Website or its content may contain errors. This Website may not be suitable for the particular purpose that You have in mind when using it. Additionally, XBTV does not guarantee the use, availability, validity, accuracy, or reliability of the items reproduced on the Website, or the website of third parties. Furthermore, XBTV makes no representations about the comprehensive nature of the results of your searches conducted on its Websites. You hereby acknowledge and agree that your use the Website is at your own risk.
b.XBTV disclaims all liability related to any error which may be found on its Website or for any failure to provide access to, or use of, this Website, or for any other cause whatsoever. XBTV and any third party providing content on the Website, their related companies, officers, employees, representatives, and agents shall not in any way be held liable for any damage related directly or indirectly to the use of the Website, including, but not limited to the loss of data or profits ensuing from the use of items on said sites, errors or omissions contained in the items or the inability to use such items. XBTV shall not be liable for any incidental, consequential, exemplary, or punitive damages, or loss of revenue or profits, whether or not they are foreseeable.
c.In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, then XBTV’s maximum liability for any of the foregoing types of damages shall be limited to any applicable fee for the transaction that gave rise to the claim or $100.00, whichever is lower.
4. Warranties. The materials made available on this Website, including materials in linked websites directly or indirectly accessible from this Website, are provided “AS IS” without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. To the fullest extent permissible by applicable law, XBTV disclaims all warranties, express or implied.
6. Modification to Website & Access to Website. XBTV may, in its sole discretion and at any time, modify or discontinue this Website. XBTV can, at its sole discretion, cancel or suspend your use of the Website.
Attention: Legal Department
285 W. Huntington Drive
Arcadia, CA 91007