Terms and Conditions

We at the Horse Racing Tote website have put together the following terms and conditions. These Terms of Use will govern your access to and use of our www.horseracingtote.com website plus our Application; this includes any content, services and/or functionality that is offered on or by means of www.horseracingtote.com (which are collectively referred to as the “Services”), as a registered user or simply as a guest.

Please make sure to read these Terms of Use very carefully before using our Services. By using our Services or accepting/agreeing to the Terms of Use, you are accepting and agreeing to be bound, plus abide by, our Terms of Use and Privacy Policy.

The Services we offer and make available are only for users 18 years of age or older, residing in any jurisdiction where the use of this type of services is legally allowed.  When using our Services, you are representing and warranting that you are of legal age in order to be able to form a binding contract with the Company, besides meeting all the foregoing eligibility specifications. If you do not meet all these specifications, please do not access or use our Services.

Terms of Use

It is our sole discretion to revise and/or update our Terms of Use from time to time. Any change we make is effective immediately, as soon as it is posted, and the changes will subsequently apply to any access and/or use of the Services.  Nevertheless, any changes made to dispute resolution provisions set forth in the Governing Law and Jurisdiction sectionare not to be applied to any disputes in which the parties have actual notice or prior to the posting date within the Services.

A continued use of our Services after the revised Terms of Use are posted indicate your acceptance and agreement to the changes posted. You are advised to inspect this page every time you access our Services in order to be aware of any changes, since they will be binding on you.

Access to the Services and Account Security

At our sole discretion and without notice, we are reserving the right to eliminate or amend the Services we offer plus any service or material provided by us on the Services. If any or all parts of the Services are unavailable at any time or period, we will not be held accountable nor would we be liable for any reason whatsoever. We might be restricting access from time to time to the entire Services, or a part of them, to the users.

Intellectual Property Rights

The Services plus their contents, and also the features and functionality (including, but not limited to, information, text, information, images, displays, video and audio, selection, and arrangement thereof), are owned by the Company and its licensors and/or other providers of such material. All are under protection of United States and international copyright, trademark, patent, trade secret, plus other intellectual property/proprietary rights laws. You are not allowed to distribute, modify, reproduce, publicly display or perform, republish, download, store or transmit any part of our IP, with the following exceptions:

  • Incidental storage: when accessing/viewing materials at our website, your computer might temporarily store copies of this material in its RAM.
  • Files automatically cached by your browser for display enhancement.
  • Printing or downloading one copy of a reasonable amount of pages for your personal, non-commercial use is allowed, provided it’s not used for further reproduction, publication or distribution.
  • Any desktop, mobile or other applications we provide for download may be downloaded as a single copy to your computer or mobile device for your own personal, non-commercial use, and provided you accept to be bound by our ULA for these applications.

You must not:

  • Modify any copy of the materials found on this website.
  • Use graphics, illustrations, photographs, and/or video or audio sequences separately from their accompanying text.
  • Alter or else delete any notices such as copyright, trademark or other proprietary rights notices on the copies from materials from this site.

If in breach of the Terms of Use, you should print, modify, copy, download or in any way whatsoever use, or else provide any other person access to the Services, we will cease your right to use the Services and you must either return or destroy any copies you may have made of the materials, at our option. There is no title, right, or interest in, transferred to you; the Company reserves all rights not expressly granted. The Use of Services which is not expressly allowed by these Terms of Use constitutes a breach of these Terms of Use and may thus infringe copyright, trademark and other laws.

Trademarks

The Company name, the terms, Horse Racing Tote™, the logo pertaining to the Company and any and all related names, logos, service names, designs and/or slogans constitute trademarks of the Company or of its affiliates and/or licensors. These marks shall not be used without prior written permission from the Company, and all other names, product and service names, logos or designs, plus slogans pertaining to the Services constitute the trademarks of their respective owners.

Horse Racing Tote will provide information, odds, facts and/or comments related to horse racing, in general, that is free. Any reference marks belonging to third parties may be referenced by Horse Racing Tote complying with our right to engage in the fair use, statutory fair use or trade mark fair use or fair comment normative. Horse Racing Tote will not contribute to dilute any trade or service marks whatsoever. Horse Racing Tote is a provider of such information in order to educate and nurture the thoroughbred racing as a sport in North America, always emphasizing the attraction of new horse racing fans.

Prohibited Uses

Use the Services for lawful purposes only, and in compliance with the Terms of Use. You consent to avoid using the Services:

  • In ways that infringe any applicable federal, state, local or international law and/or regulation.
  • For transmitting or with the intent to send any promotional or advertising material without prior written consent from our Company, including junk mail, spam or other similar requests.
  • For sending, knowingly receiving, uploading, downloading, using or re-using all or any part of the material in a way which is not in accordance with the Content Standards set forth in our Terms of Use.
  • For impersonating or with the intent to impersonate the Company or a Company employee, another person, entity or user (including, without limitation, the use of e-mail addresses, screen names or handles associated with the above mentioned).
  • For exploiting, attempting to exploit, or harming minors by seeking to expose them to inappropriate content by requesting personally identifiable information or in any other way.
  • For engaging in behavior that restricts or limits the use or enjoyment of the Services to any one person in a manner that may harm the Company or the Services users or expose them to situations of liability; this will be determined by us.
  • To disable, overload, harm or impair the site when using the Services, or else interfere with any user’s enjoyment of the Services, regarding their ability to engage in real-time by this means.
  • To monitor or copy the services found within the Services, or for any other purpose, by means of bots, robots, spiders or any other automatic devices or processes, or by any other means, to access the Services.
  • To monitor or copy any of the material found on the Services for any unauthorized purpose and without our prior written consent, by using any manual process.
  • To interfere with the proper functioning of the Services by using any type of device or software.
  • To introduce any malicious technological process, including viruses, trojan horses, worms, logic bombs or other related harmful material.
  • To gain or attempt to gain unauthorized access, interfere, or harm any part or parts of the Services, including the server on which the latter is stored, or any server, computer or database connected to them.
  • To attack, using a denial-of-service or a distributed denial-of-service, the Services or else interfere with their proper functioning.

User Contributions

There may be message boards, profiles, chat rooms, interactive features, personal web pages, bulletin boards, forums, social posting via media such as Facebook, Twitter and other networks (collectively called “Interactive Services”) within the Services which permit users to post, transmit, submit, publish, or display (hereinafter, “post”) materials or any content (collectively called “User Contributions”) on or by means of the Services. These User Contributions must be in accordance with the Content Standards set forth in our Terms of Use. User Contributions you post to the site will be regarded as non-confidential and non-proprietary, and any User Contribution you provide on the Services is granting us and our affiliates, plus our service providers and each of their (and our) respective licensees, successors and assigns, the right to use, reproduce, perform, modify, display, disclose and otherwise distribute your User Contribution to third parties for any purpose.

You acknowledge that you represent and warrant that:

  • You own and/or control any and all rights over your User Contributions, plus the right to grant the abovementioned license to us, our affiliates and service providers, and to each of their/our respective licensees, successors and assigns.
  • All your User Contributions are in compliance with our Terms of Use.
  • You are solely responsible for any User Contributions you submit or contribute. It is you, and not the Company, who has full responsibility for any such content, including, but not limited to, legality and accuracy.
  • The Company is not responsible or liable to any third party, for the content or the accuracy pertaining to any User Contributions posted by you or any of our Services user.

Monitoring, Enforcement and Termination

We reserve the right to:

  • Eliminate or refuse to post User Contributions for any reason, or for no reason, at our sole discretion.
  • Proceed, if any User Contribution should infringe the Terms of Use (or if we believe it does,) infringe any intellectual property rights or the right of any one person or entity, or threatens the safety of the users of the Services, or if it could create liability for the Company, to safeguard the latter. The Company may take any action regarding that User Contribution deemed necessary or appropriate at our sole discretion.
  • Proceed to disclose your identity and any personal information about you to any third party claiming that your User Contribution has violated their intellectual property rights, right to privacy, or any other rights.
  • Proceed to take legal action, including referral to law enforcement, regarding illegal or unauthorized use of the Services.
  • Proceed to terminate/suspend your access to all Services or part of them, for any or no reason.

We have the right to cooperate in full with law enforcement authorities or court orders requesting us to disclose the identity or any other personal information of any user posting materials by means of the Services. YOU AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, PLUS THE LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS THAT MAY RESULT FROM ACTIONS TAKEN BY THE COMPANY AND/OR ANY OF THE AFOREMENTIONED PARTIES DURING INVESTIGATIONS OR AS A RESULT THEREOF, OR FROM ACTIONS RESULTING FROM INVESTIGATIONS CARRIED OUT BY THE COMPANY AND /OR ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Nevertheless, we cannot undertake to review all User Contributions before they are posted on the Services, plus we cannot guarantee a prompt elimination of material deemed objectionable after it has been posted; in accordance to the foregoing, we do not assume any liability for any action/inaction pertaining to content, or transmission/communications coming from any user or third party. We hold no liability or responsibility towards any one person or entity regarding performance/nonperformance in relation to the actions described here.

Standards for Content

These content standards are made to apply to any User Contributions plus the use of Interactive Services. The User Contributions have to comply entirely with all regulations that are applicable, be it international, federal, state and/or local laws and regulations. User Contributions must not:

  • Contain defamatory, obscene, abusive, violent, indecent, offensive, harassing, hateful, inflammatory or objectionable material.
  • Promote material that is sexually-explicit or pornographic; promote race / sex / religion / nationality / disability / sexual orientation / age discrimination or violence.
  • Infringe patents, trademarks, copyright or other intellectual property.
  • Promote illegal activity, or assist unlawful acts.

The Company has a policy of terminating, at our sole discretion, subscribers or account holders deemed to be repeat infringers.

Reliance on Information Posted

The information posted on or by means of the Services is solely for general information purposes; we don’t warrant the accuracy, completeness or usefulness of such information, and any reliance you may place regarding such information is at your own risk only.

Changes to the Services

Content regarding the Services may be updated from time to time, but the contents will not necessarily be complete or up-to-date.

Your Personal Information and Your Visits to the Services

All the information collected by us by means of the Services is subject to our Privacy Policy. By using our Services, you are consenting to any and all actions taken by us regarding your information in compliance with the Privacy Policy.

Horse Racing Tote contains links and information related to horse betting services. Since betting on horses is not legal in certain areas, you may want to consult with your local authorities before registering with any online betting site. This means that by playing or signing up under this website, or under any of the links to racebooks posted on our website, you are assuming full responsibility for your actions and will not hold Horse Racing Tote, associated or affiliated websites, or any creators or employees, responsible for any losses. The information posted on this website is collected from outside sources and/or are opinions made available “as is” without granting any warranties of accuracy of any kind. Under no circumstances shall the owners, creators, associates or employees of this website be liable to you or to any one person or entity for any damages, be they direct, indirect, special, incidental, or consequential, of any kind whatsoever.This website does not constitute a solicitation, offer or invitation by Horse Racing Tote for the use of, or subscription to, betting services or to any other services whatsoever within any of the jurisdictions where these activities are prohibited by law. Only the persons who agree and accept these conditions may access and use this site.

Governing Law and Jurisdiction

Any disputes or claims arising regarding these Services and Terms of Use, be it therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of Costa Rica.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Horse Racing Tote regarding the Services; they supersede all prior understandings, agreements, representations and warranties, both written and oral, regarding the Services.