YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU VIEW OR USE ANY PORTION OF eHorsePicks.com WEB SITE.

This website is owned by 90 Media New York, a group proprietorship. By accessing any portion of eHorsePicks.com website, you agree to be bound by the terms and conditions mentioned below. If you disagree with any set forth here as under, please leave this site.

TERMS AND CONDITIONS

1. Acceptance
   eHorsePicks.com reserves the right to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time in its sole and absolute discretion. Changes in this Agreement will be posted on eHorsePicks.com Web Site.

2. Entertainment purpose only
   The information on eHorsePicks.com Web Site is for news and entertainment purposes only. You hereby agree not to  use this information in violation of any United States Federal, state, or local law or the law of any country.
    
3. Copyright
   The Web Site is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The contents of eHorsePicks.com Web Site are only for your personal, non-commercial use. All materials contained on the Web Site are protected by copyright and are owned or controlled by eHorsePicks.com or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the eHorsePicks.com Web Site.You may download and print the content and other downloadable items displayed on eHorsePicks.com Web Site for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from eHorsePicks.com
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4. Changes
   eHorsePicks.com may change, suspend or discontinue any aspect of eHorsePicks.com Web Site at any time. eHorsePicks.com may also impose limits on certain features and services or restrict access to parts or all of The eHorsePicks.com Web Site without notice or liability
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5. Representations & Warranties

You represent, warrant and covenant that:

a.    You are at least eighteen years old.

b.      You are a person of sound mind.

c.      You will not upload, post, transmit, distribute or otherwise publish through eHorsePicks.com Web Site any 
  materials which:

Restrict or inhibit any other user from using and enjoying  eHorsePicks.com Web Site
 

1. Are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent;

2. Constitute or encourage conduct that would constitute a criminal offense, give rise to
   civil liability or otherwise violate law;

3. Violate, plagiarize or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party;

4.  Contain a virus or other harmful or potentially harmful component;

5. Contain any information advertising of any kind; or

6. Constitute or contain false or misleading indications of origin or statements of fact.

 

d.      Indemnity

 You hereby agree to indemnify, defend and hold eHorsePicks.com, and all of its officers, directors, owners, shareholders, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of a breach of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim.  eHorsePicks.com reserves the right, at is own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In any event, you shall not settle any matter without the written consent of eHorsePicks.com.

e.      Links

 eHorsePicks.com Web Site contains links and pointers to other World Wide Web Internet sites and resources. These links to other third party sites and resources do not constitute an endorsement by eHorsePicks.com or any of its subsidiaries or affiliates of any third party sites or resources, or their content. You agree not to use any information from eHorsePicks.com Web Site including the links, in any illegal manner.

f.       No Endorsement.

eHorsePicks.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, memorandum, or other information displayed or distributed through eHorsePicks.com Web Site. You acknowledge that any reliance upon any such advice, opinion, statement, memorandum, or information shall be at your sole risk eHorsePicks.com does not share in any gains and is not liable for any losses incurred as a result of use or misuse of its information or recommendations.

g.       

  eHorsePicks.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of eHorsePicks.com Web Site. eHorsePicks.com shall not have any duty to correct any errors or omissions in any portion of eHorsePicks.com Web Site.

h.      Warranty

 eHorsePicks.com web site, including all content, software, functions, materials and information made available on or accessed through eHorsePicks.com web site, is provided "as is." To the fullest extent permissible by law, eHorsePicks.com and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever about: (i) the content on eHorsePicks.com web site; (ii) the materials, information and functions made accessible by the software used on or accessed through eHorsePicks.com web site; (iii) any products or services or hypertext links to third parties; or (iv) any breach of security associated with the transmission of sensitive information through eHorsePicks.com web site or any linked site. Further, online and its subsidiaries and affiliates disclaim any express or implied warranties, including, without limitation, non-infringement, merchantability and fitness for a particular purpose. eHorsePicks.com does not warrant that the functions contained in eHorsePicks.com web site or any materials or content contained therein will be uninterrupted or error-free; that defects will be corrected; or that eHorsePicks.com web site or the server that makes it available is free of viruses or other harmful components. eHorsePicks.com and its subsidiaries and affiliates shall not be liable for the use of eHorsePicks.com web site, including, without limitation, the content and any errors contained therein.

i.        Limitation of Liability

 Under no circumstances shall eHorsePicks.com be liable for any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the services even if eHorsePicks.com has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall eHorsePicks.com total liability to you for all damages, losses, or causes of action exceed one hundred dollars ($100).

j.        New York Law and Jurisdiction

 Notwithstanding anything to the contrary contained in this Agreement, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws rules. The parties consent to the exclusive jurisdiction of the New York state courts and agree that exclusive venue shall lie in Suffolk County, New York. Notwithstanding anything to the contrary contained in this Agreement, this Agreement and the interpretation of its terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws rules. The parties consent to the exclusive jurisdiction of the New York state courts and agree that exclusive venue shall lie in Suffolk County, New York.

k.      Arbitration

 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration under this Agreement shall be held in Suffolk County, New York. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its applicable rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any arbitration under this Agreement shall be held in Suffolk County, New York.

l.        Miscellaneous

This Agreement contains the sole and entire agreement between the parties with respect to the subject matter of this Agreement and supersedes any and all other prior written or oral agreements between them. No amendment, waiver, or modification of this Agreement or any provision of this Agreement shall be valid unless in writing and duly executed by the parties. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, administrators, successors, and assigns. Nothing contained in this Agreement shall cause the failure of either party to insist upon strict compliance with any covenant, obligation, condition or agreement contained in this Agreement to operate as a waiver of, or estoppels with respect to, any such covenant, obligation, condition or agreement. Waiver by any party of any breach of any provision of this Agreement shall not be considered as nor constitute a continuing waiver or waiver of any other breach of any provision of this Agreement. In the event of litigation between the parties to enforce the provisions of or with respect to this Agreement, the prevailing party shall be entitled to reimbursement for attorney's fees and costs at trial and on appeal. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. In the construction of this Agreement, whether or not so expressed, words used in the singular or in the plural, respectively, include both the plural and the singular and the masculine gender includes the feminine and neuter genders. The parties to this Agreement agree that all of the provisions of this Agreement are to be construed as covenants and agreements as though the words imparting such covenants and agreements were used in each separate provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this Agreement. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.