Part I - LEGAL REQUIREMENTS OF USE OF THIS WEB SITE
The materials made available in this Web Site, including materials in linked web sites directly or indirectly accessible from this Web Site, are provided "as is" without warranties of any kind, either express or implied.
1.WEB SITE CONTENT
a. Third Party Content
Various types of information available on this Web Site have been provided by third party information suppliers that are independent of HRTV. This information may include the views, opinions, and recommendations of such third parties. HRTV 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 Web Site be deemed an endorsement or recommendation of any third party or shall constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content. You acknowledge that under no circumstances will HRTV be liable for any loss or damage caused by Your reliance on such third party information.
This Web Site directly or indirectly provides content, hyperlinks and references to external third party web sites. The materials that can be accessed from such web sites are not maintained by HRTV and we are not responsible for the content thereof. HRTV neither endorses nor is responsible for the availability, accuracy, currency or reliability of any information, statement, opinion or advice contained in such third party web sites or materials. You acknowledge that under no circumstances will HRTV be liable for any loss or damage caused by Your reliance on information through a third party web site. At no time shall anything contained on this Web Site be deemed an endorsement or recommendation of any third party or to constitute any representation as to a third party's qualifications, services, products, offerings, information or any other content.
2. COPYRIGHT & TRADEMARKS
Unless otherwise indicated, the documents and information, including, but not limited to, text, graphics, icons, logos, buttons, audio-video recordings and images, on this Web Site are copyrighted materials of, trademarks of, and owned and controlled by HRTV, its subcontractors, or the party credited as the provider of the content. Reproduction or storage of documents and information from this Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. and other international copyright laws. All software used on this Web Site is the property of HRTV, 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 Web Site. You may not reuse, reproduce, modify, distribute, transmit, republish, display, publish or perform any of the content of this Web Site without the express written permission of HRTV.
This Web Site may also contain third party trademarks and service marks of participating third parties licensed by various federal and state regulatory bodies to conduct activity connected with this Web Site. All marks are the property of their respective holders.
3. DISCLAIMER & LIMITATION OF LIABILITY
HRTV uses reasonable efforts to maintain this Web Site but is not responsible for the results of any defects, outages, interruptions, viruses or other harmful components that exist in this Web Site. You should not assume that this Web Site or its content is error-free or that it will be suitable for the particular purpose that You have in mind when using it.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HRTV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. HRTV WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY HRTV TO PROVIDE ACCESS TO OR USE OF THIS WEB SITE, OR ANY OTHER CAUSE WHATSOEVER.
HRTV may, in its sole discretion and at any time, modify or discontinue this Web Site or limit, terminate or suspend a User's use of or access to this Web Site. In the event the foregoing disclaimer and limitation of liability is held to be unenforceable for any reason including by operation of law, then HRTV’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. PROPRIETARY DATA/AUDIO VIDEO
All systems, programs, records, statistics, data, documentation of either an audio or visual nature, and any other material utilized or developed by HRTV, its subcontractors, or the party credited as the provider of the content, in connection with this Web Site are and shall remain the sole property of HRTV or any third-party licensor of HRTV. All rights, title to, and interest in, including copyrights and renewals thereof, all systems, programming, records, statistics, data, documentation, operator's manuals, components, and accessories comprising the system furnishing the services hereunder and provided by HRTV or its licensor at all times.
HRTV, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act reserves the right to terminate your license to use the Web Site if it determines in its sole and absolute discretion that you are involved in infringing activity, regardless of whether the activity is ultimately determined to be infringing.
YOUR HRTV.COM SUBSCRIPTION SHALL AUTOMATICALLY RENEW ON THE ANNIVERSARY DAY ON WHICH YOU FIRST SIGNED UP FOR A SUBSCRIPTION FOR SUBSEQUENT PERIODS OF THE SAME LENGTH AS THE INITIAL TERMS UNLESS YOU PROVIDE HRTV.COM WITH WRITTEN NOTICE OF TERMINATION AT LEAST THIRTY (30) DAYS PRIOR TO EXPIRATION OF THE THEN-CURRENT TERM AND SHALL BE CHARGED TO THE DREDIC CARD CURRENTLY ON FILE WITH HRTV.COM.
Any questions or discrepancies regarding charges must be reported to us within five (5) days of the date of the invoice, statement or confirmation email delivered to the email address which you provided to HRTV upon signing up for a subscription. Failure to notify us within this time period will constitute your acceptance of such charges. If any such discrepancies resulted in unauthorized or incorrect charges on your account, as determined by HRTV in its sole and absolute discretion, then HRTV will reverse such charges within thirty (30) days of receiving your notice of such discrepancies. For greater clarity, it is your obligation to advise HRTV of any changes to your contact information.
HRTV reserves the right to charge fees for future access to its Internet sites, or any section thereof. If HRTV should charge new fees for access to any section of its Internet sites, it will notify you in advance in case you would like to close your account.
b) Representations and Warranties
c) HRTV’s Websites and the items they contain are offered to you on an “as is” basis and, unless otherwise described, at no charge by HRTV, 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, use, availability, validity, accuracy, reliability of the items reproduced on said sites or as to the results ensuing from the use of such items. Without limiting the generality of the foregoing, HRTV 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 of HRTV’s Websites is at your own risk.
HRTV 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 other person.
HRTV disclaims all liability related to any error which may be found on its Websites. Thus, HRTV and any third party providing content on HRTV’s Websites, their related companies, officers, employees, representatives or agents cannot in any way be held liable for any damage related directly or indirectly to the use of HRTV’s Websites, in particular, 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.
6. CONTACTING THE WEB SITE
285 West Huntington Drive
Arcadia, California 91007
Electronic Privacy Statement for HRTV
Your privacy is Important to Us. PLEASE READ
HRTV has created this electronic privacy statement in order to demonstrate our firm commitment to privacy. We believe that strong electronic privacy is crucial for the ongoing success of the Internet as a service, commercial, and entertainment medium. The following discloses our electronic information gathering and dissemination practices for our television network and our website: www.hrtv.com
Collection and Use of Personal Information
We may collect the following personal information from you: your first and last name, your email address, driver’s license number, mailing address, telephone number, financial information and demographic information. You may opt-out of receiving communications from us by following the instructions in the “Choice/Opt-Out” Section below.
We use information about you for monitoring and improving our internal operations, to properly perform any services you have requested, to comply with applicable laws and regulations, to improve the experience of users on our website, for marketing and promotional purposes, and to direct important notices and information to you including in respect of our television network. HRTV does not collect personal information about you except when you provide it to HRTV on a voluntary basis.
Occasionally we run surveys, newsletters, contests or promotions for additional products and services that we market for ourselves, for affiliates or for third parties (“General Solicitations”). You will be periodically contacted in respect of such General Solicitations which we reasonably believe may be of interest to you or be useful to you, either directly by us or by The Stronach Group, one of our corporate parents. If you wish to no longer receive General Solicitations from us, you have the option to opt out of receiving such emails by following the instructions in the “Choice/Opt-Out” Section below.
Links and Public Forums
Our website may contain links to other websites. Our website is not responsible or liable for the privacy practices or content of such other websites.
Please be aware than any information, personal or otherwise, that you disclose online in a message board or chat room makes that information public information. You should exercise caution when deciding to disclose your personal information online. HRTV is not responsible for personally identifiable information posted on such public forums.
Our website has security measures in place to protect the loss, misuse and alteration of the personal information under our control. All data is kept on secure database servers.
All data entry is done via a secure interface that provides no export facility. Please be advised, however, that the Internet and other networking communication mediums are not secure, unless specified as such, and may be subject to interception or loss which is beyond the control of HRTV. Also be advised that the security, integrity and privacy of any and all information and data exchanged between you and HRTV on this website cannot be guaranteed.
Confidentiality and Sharing of Information
We will keep your personal information and will not share, sell or rent such information to unaffiliated third parties, unless such disclosure is necessary to, (a) comply with a court order or other legal process, or (b) protect our rights or property.
You are allowed at any time to opt out of our email list entirely, out of receiving all General Solicitations, or out of only receiving any third party General Solicitations by either clicking on the opt-out selection on any email we send or by sending an email to firstname.lastname@example.org the subject, “Opt Me Out”. All such requests are honored promptly, usually within 24-48 hours.
Access to Information
If you desire access to your own personal information, to correct existing personal information or to remove your personal information, please contact us by writing to the following: HRTV Newsletter, 285 West Huntington Drive, Arcadia, California, 91007. You may change your information at any time and as often as necessary. If you request removal or deletion of your personal information, you acknowledge that residual information may continue to reside in our records and back-up files.
If you have any question about this privacy statement, the practices of this website or your dealings with this website, you can contact us electronically at email@example.com or by writing to:
285 West Huntington Drive
Arcadia, California 91007