Legal Terms & Uses
IMPORTANT: READ THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, BEFORE USING
THE SARATOGA HARNESS RACING, INC. (“SARATOGA GAMING AND RACEWAY”)
WEBSITE (“Website”). YOUR USE OF THE WEBSITE WILL INDICATE YOUR
ACCEPTANCE OF ALL OF THE FOLLOWING TERMS. If this Agreement and the Privacy
Policy are not acceptable to you, do not use this Website. Saratoga Gaming
and Raceway reserves the right to modify or discontinue this Website and these
terms of use with or without notice to users.
1. Limitations on Use: This Website is owned and operated by Saratoga Gaming
and Raceway and is for the user’s personal, noncommercial use. You agree
not to modify, copy, distribute, transmit, retransmit, disseminate, display,
broadcast, circulate, perform, reproduce, publish, license, create derivative
works from, transfer, sell, or commercially exploit, in any way, any information,
content, documents, graphics, software, products or services (“Materials”)
obtained from this Website, except that user may view the Website content in
its present form and user may download on any single computer one (1) copy
of the Materials for personal, noncommercial home use, provided user keeps
intact all copyright, trademark and other proprietary notices. The use of any
Materials on any other web site or networked computer environment is expressly
prohibited. User recognizes that unauthorized use of Website content may subject
user to civil or criminal liability.
2. The Materials and this Website are the property of Saratoga Gaming and Raceway
or others and are protected by United States copyright law and international
copyright treaties. You agree to comply with reasonable requests by Saratoga
Gaming and Raceway to protect Saratoga Gaming and Raceway’s contractual,
statutory and common law rights in the Materials. Notwithstanding copyright
protection of individual elements appearing on this Web site, this Website
is protected by copyright law as a collective work and/or compilation. You
agree to abide by any and all copyright notices, information, or restrictions
contained on this Website. Permission to use the copyrighted content on this
Website for commercial purposes must be obtained through the prior written
consent of Saratoga Gaming and Raceway. Saratoga Gaming and Raceway may withhold
its consent for use of the copyrighted content for commercial purposes. Saratoga
Gaming and Raceway will strictly enforce its intellectual property rights under
the copyright laws.
3. This Website is protected under United States trademark law. The trademarks,
tradenames, logos, service marks, product names, and company names (the “Trademarks”)
appearing on this Website are registered and unregistered Trademarks of Saratoga
Gaming and Raceway. All other trademarks, logos, service marks, product names,
and company names on this Website are the property of their respective owners.
Under no circumstances should anything appearing on this Website be construed
as granting by implication, estoppel, or otherwise, any form of license or
authorization to use, reproduce, or distribute the Trademarks displayed on
this Website. Licenses to use Trademarks appearing on this Website may be obtained
through Saratoga Gaming and Raceway’s prior written consent. Saratoga
Gaming and Raceway may withhold its consent. Misuse of Trademarks or any Materials
comprising this Website is strictly prohibited. You agree to abide by any and
all trademark and service mark notices, information, or restrictions contained
on this Website. Any copied or downloaded content must retain all trademark
and service mark notices. Saratoga Gaming and Raceway will strictly enforce
its intellectual property rights under the trademark laws.
4. The Materials published on this Website may include inaccuracies or typographical
errors. Saratoga Gaming and Raceway does not warrant or make any representations
regarding the use or the results of the use of the Materials in this Website
in terms of their correctness, completeness, accuracy, timeliness, reliability,
or otherwise.
5. Saratoga Gaming and Raceway makes no representations about the suitability
of the materials contained on this Website for any purpose. THE MATERIALS ARE
PROVIDED TO YOU ON AN “AS IS” BASIS. THERE IS NO WARRANTY OF MERCHANTABILITY,
NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO WARRANTY FOR TITLE, NO
WARRANTY FOR NON-INFRINGEMENT, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, REGARDING THE MATERIALS. SARATOGA GAMING AND RACEWAY MAKES NO WARRANTY
OR GUARANTY THAT THE MATERIALS OR FUNCTIONS CONTAINED IN ITS WEBSITE ARE ERROR-FREE
OR THAT THEY WILL BE UNINTERRUPTED OR THAT THEY WILL BE CORRECTED. SARATOGA
GAMING AND RACEWAY MAKES NO WARRANTIES (EITHER EXPRESS OR IMPLIED) AND IS NOT
RESPONSIBLE FOR ANY DAMAGE INCURRED TO YOUR HARDWARE, SOFTWARE, DATA, OR PROPERTY
RESULTING FROM USAGE OF THE MATERIALS OR ANY PORTION OF THIS WEB SITE, OR THROUGH
ANY VIRUS, WORM, TROJAN HORSE, COMPUTER CODE OR PROGRAMMING DEVICE TRANSMITTED
THROUGH THE MATERIALS OR ANY PORTION OF THIS WEBSITE. SARATOGA GAMING AND RACEWAY
MAKES NO REPRESENTATIONS OR WARRANTIES THAT ITS WEBSITE AND ITS SERVER ARE
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CODES OR DEVICES.
6. IN NO EVENT WILL SARATOGA GAMING AND RACEWAY BE LIABLE TO YOU OR ANYONE
ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES
OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND DAMAGES THAT RESULT
FROM ACCURACY, COMPLETENESS, TIMELINESS, OR INCONVENIENCE, DELAY, TRANSMISSION
ERROR, UNAUTHORIZED USE, OR UNAVAILABILITY OF THE WEBSITE), OR FROM THE MATERIALS
OBTAINED THROUGH THIS WEBSITE, OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH
USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR
OTHERWISE, EVEN IF SARATOGA GAMING AND RACEWAY HAS BEEN ADVISED OF SUCH DAMAGES
OR LOSSES. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED
WARRANTIES, THE EXCLUSION OR LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND
LIMITATIONS MAY NOT APPLY TO YOU.
7. You agree to indemnify and hold Saratoga Gaming and Raceway, its officers,
directors, employees, and agents, harmless from and against any and all claims,
actions, or demands, losses, liabilities, costs and expenses (including but
not limited to attorneys’ fees incurred by Saratoga Gaming and Raceway
in connection with your violation of third party’s rights) arising from
your violation of these terms of service or any third parties rights.
8. Any trademarks or service marks that appear on the website that are
not owned by Saratoga Harness Racing, Inc. are owned by their respective owners.
9. This Website may contain links to third-party Websites. The links are provided
solely as a convenience to you and not as an endorsement by Saratoga Gaming
and Raceway as to the content on such third-party Websites. Saratoga Gaming
and Raceway does not control or guaranty the accuracy or integrity of the content
located on linked third-party Websites. Saratoga Gaming and Raceway is not
responsible and assumes no liability for the information, content, or software
of linked third-party Websites and does not make any representations regarding
the content, quality, safety or accuracy of materials on such third-party Websites.
If you decide to access third-party Websites, you do so at your own risk.
10. You acknowledge that, in providing the Materials on this Website, Saratoga
Gaming and Raceway has relied upon your agreement to be bound by this Agreement,
and the Privacy Policy. If any provision of this Agreement is invalid or unenforceable
under applicable law, it is, to that extent, deemed omitted and the remaining
provisions will continue in full force and effect. No waiver of any term of
this Agreement shall be deemed a continuing waiver of such term or any other
term. This Agreement shall not be construed or deemed to create any partnership,
joint venture, agency, franchise, or other form of agreement or relationship
than expressly set forth herein. This Agreement and performance hereunder shall
be governed by the laws of the State of New York without regard to conflict
of laws provisions, and applied to agreements entered into and completely performed
in the State of New York. Sole and exclusive jurisdiction for any action or
proceeding arising out of or related to this Agreement or Privacy Policy shall
be an appropriate State or Federal Court located in Saratoga County, State
of New York. You agree to submit to jurisdiction and venue in any State or
Federal Court located in Saratoga County, State of New York. This Agreement
and Privacy Policy constitute the entire agreement between you and Saratoga
Gaming and Raceway with respect to use of the Website.
11. This Agreement is only assignable by Saratoga Harness Racing, Inc.