Post Time Solutions, Inc.
Agreement: Terms and Conditions of Use of the Post Time Solutions Inc. website.
By clicking on any of the links on any of the download pages, downloading any file, or otherwise using this website, you are agreeing to and accepting the following Terms and Conditions. If you do not agree to these terms, do NOT download any files, software, or otherwise use this site.
This is a legal agreement between you, the end user of the Post Time Solutions, Inc. (PTS) website. The Post Time Daily software and data and software you use from this website may be used only on the terms as set forth herein.
GRANT OF LICENSE. PTS licenses (not sells nor gives) this single user software to you, the first user, for use on one computer for which the software was designed. This means PTS authorizes you to use the software on a single machine, at any one time in a single site. In addition, PTS authorizes you to use one copy of the software on a secondary home or laptop computer, as long as this copy is never in use at the same time as the software copy which resides on your primary computer. You must purchase additional licenses of the software if more than one person will be using it at the same time.
COPYRIGHT. THIS SOFTWARE, ACCOMPANYING MATERIALS AND ALL DATA DOWNLOADED FROM PTS ARE ALL PROTECTED BY U.S. COPYRIGHT LAW (TITLE 17 U.S.C.). NO PART OF THE SOFTWARE, MANUAL, OTHER MATERIALS OR DATA DOWNLOADED FROM THIS SITE MAY BE REPRODUCED IN WHOLE OR IN PART, STORED IN A RETRIEVAL SYSTEM, OR TRANSMITTED BY ANY MEANS, ELECTRONIC, MECHANICAL, PHOTOCOPYING, RECORDING, OR OTHERWISE, WITHOUT PRIOR WRITTEN PERMISSION FROM PTS. UNAUTHORIZED REPRODUCTION AND OR SALES MAY RESULT IN IMPRISONMENT OF UP TO ONE YEAR AND FINES OF UP TO $10,000 (17 USC 506 ET SEQ.). COPYRIGHT INFRINGERS MAY ALSO BE SUBJECT TO CIVIL LIABILITY. PTS INTENDS TO ENFORCE PTS COPYRIGHT VIGOROUSLY.
RESTRICTIONS ON USE OF SOFTWARE AND DATA. The Post Time Daily™ software is not for sale. You may not rent or lease the software. You may not make any changes or modifications to the software. You may not reverse engineer, de compile, disassemble, or create derivative works from the software. You may not use the software or the any data you receive from PTS for any commercial use whatsoever.
You may not create derivative works from the software or the data. Such derivative works shall include, but shall not be limited to, copies of the printed output of the software, selections or selection services, odds lines for races, race worksheets, or other derivative products or services offered for sale. If you use the software or data in an unauthorized manner, this may have severe adverse consequences on PTS’s business and you will be liable for significant damages.
LIMITATIONS OF REMEDIES. In no event will PTS be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the software or any data supplies for the software. In no case shall PTS’s liability exceed the purchase price of the software. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PTS MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED (IN LAW OR IN FACT, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF THE DATA OR ANY OTHER INFORMATION OR SERVICE PROVIDED BY PTS HEREUNDER. YOU ACKNOWLEDGE THAT WITH MULTIPLE PROCESSING OF COMPLEX DATA, AND RELIANCE UPON INFORMATION ACQUIRED FROM MULTIPLE SOURCES, ERRORS AND OMISSIONS CAN AND DO OCCUR DESPITE BEST EFFORTS TO AVOID THEM, AND PTS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGES RESULTING TO YOU OR ANY THIRD PARTY FROM ERRORS AND OMISSIONS IN THE DATA.
SERVICE AGREEMENT. PTS operates an Internet web site known as posttimedaily.com (the PTS website).
The terms of this Agreement may be modified upon notice published on the PTS website including, but not limited to, charges and billing procedures for the use of files and services provided by PTS.
PTS will provide access to the PTS website to each registered Post Time Daily Customer (“PTS Customer”) who is not in breach of this Agreement. Certain information regarding thoroughbred horse racing from various areas of the country will be provided on the PTS website.
PTS will provide you with a user ID and Password.. You agree that you will hold your user ID and Password in strict confidence. You shall be solely responsible for the maintenance of the confidentiality of your user ID and Password. Unauthorized sharing of your user ID and Password is prohibited.
PTS Customer warrants to PTS that he or she will use the information provided by PTS on the PTS website for PTS Customer’s own personal use, that PTS Customer will not share this information with others, that PTS Customer will not use or attempt to use this information on or with any computer program other than Post Time Daily, except that files subsequently exported by Post Time Daily may be used with other computer programs.
PTS Customer further warrants that he or she will not reproduce, retransmit, electronically or otherwise, sell, barter, publish, or in any manner commercially use or exploit the information provided to PTS Customer by PTS without prior written permission of PTS. PTS Customer warrants that he or she will not create commercial works, including any derivative works, from the information provided by PTS. Such commercial or derivative works shall include, but shall not be limited to, selections or selection services, race worksheets, data for software programs or other derivative products or services offered for sale.
The information provided by PTS on the PTS website is protected by U.S. Copyright Law (Title 17 U.S.C.). Unauthorized reproduction and or sales may result in severe criminal penalties (17 USC 506 et seq.). Copyright infringers may also be subject to civil liability. PTS intends to enforce all copyrights vigorously.
The charges for the use of PTS’s services shall be billed to PTS Customer’s credit card at the end of each month (or more often if PTS Customer’s usage warrants) or deducted from PTS Customer’s cash deposit.
Upon PTS Customer’s registration of the software, the assignment of password and ID, and the payment of deposit or provision of credit card authorization, PTS Customer will be given access to the PTS data. Failure to make payment to PTS for data within five (5) days of the due date will result in the PTS Customers termination.
The service provided by PTS on the PTS website is provided on an “as is” and “as available” basis. PTS makes no warranties or promises as to the reliability or accuracy of the information provided by PTS. In no event will PTS be liable to you for any special, consequential, indirect or similar damages, including any lost profits or lost data arising out of the use or inability to use the data supplied by PTS.
PTS MAKES NO REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED (IN LAW OR IN FACT, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF THE DATA OR ANY OTHER INFORMATION OR SERVICE PROVIDED BY PTS HEREUNDER. YOU ACKNOWLEDGE THAT WITH MULTIPLE PROCESSING OF COMPLEX DATA, AND RELIANCE UPON INFORMATION ACQUIRED FROM MULTIPLE SOURCES, ERRORS AND OMISSIONS CAN AND DO OCCUR DESPITE BEST EFFORTS TO AVOID THEM, AND PTS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGES RESULTING TO YOU OR ANY THIRD PARTY FROM ERRORS AND OMISSIONS IN THE DATA.
You hereby agree to indemnify and hold PTS and its affiliates, directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (i) your use of this website or (ii) any alleged breach of this Agreement by you.
By using this website, you signify your agreement to the terms and conditions of this Agreement. If you do not agree to the terms in this Agreement, you must not use this website. PTS reserves the right to change the terms of this Agreement at any time, and your use of this website after such changes are posted means that you accept such terms as revised.
The providing of information by PTS shall not be construed, nor is it intended, as an invitation, inducement or encouragement to gamble. The information is intended for the use of thoroughbred horse racing enthusiasts who will make appropriate use of the information in their legal activities.
GENERAL. This Agreement may only be modified in writing signed by you and PTS. If any provision of this Agreement is found void or unenforceable, the remainder will remain valid and enforceable. This Agreement will be governed by the laws of the State of Nevada. For questions concerning this Agreement, you may contact PTS by writing PTS, Inc., 5940 South Rainbow Blvd, Las Vegas, NV 89118. PTS reserves all rights not specifically granted in this agreement.
