Terms and Conditions

Our Terms of Use have been updated as of July 31, 2023

1. Acceptance of terms

Clockers Corner, Inc. (“We”, “Us”, or “Clockers Corner”) provide a thoroughbred horse racing website located at clockerscorner.com (the "Site") and app — which include all of the text, images, audio, code and other material they contain or provide (collectively, the “Content”) and all of the features and services they provide. Please read these Terms of Use (the “Terms” or “Terms of Use”) carefully before using the Service. By using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy. If you do not agree to the Terms, then you may not access or use the Content or Services.

2. Modification of Terms of Use

Clockers Corner reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications.

3. Conduct

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms. You further agree not to:

abuse, harass, impersonate, intimidate or threaten other Clockers Corner users;

post or transmit, or cause to be posted or transmitted, any Content that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party;

use the Service for any unauthorized purpose, or in violation of any applicable law;

post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to infringe upon the rights of Clockers Corner, its users, or any third party;

You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Clockers Corner, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Clockers Corner be liable in any way for any User Content.

Clockers Corner has the right but not the obligation in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. You understand that by using the Service, you may be exposed to User Content that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content. You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.

You are solely responsible for your interactions with other users of the Service. Clockers Corner reserves the right, but has no obligation, to monitor disputes between you and other users.

4. Indemnity

You agree to release and to indemnify, defend and hold harmless Clockers Corner and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, or your violation of these Terms of Use.

5. Warranty disclaimers

You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Clockers Corner has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Clockers Corner from all liability for you having acquired or not acquired Content through the Service.

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE IS AT YOUR OWN RISK.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Clockers Corner, Inc. NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.

6. Our proprietary rights

All title, ownership and intellectual property rights in and to the Service are owned by Clockers Corner. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Clockers Corner, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.

7. Termination and suspension

Clockers Corner may terminate or suspend all or part of the Service and your Clockers Corner account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Clockers Corner account, you may contact us via the contact form with a note to say you wish to terminate your account.

8. California Law

The Terms and the relationship between you and Clockers Corner shall be governed by the laws of the State of California.