Welcome to Triple Crown Nutrition, Inc.’s (“Triple Crown”) blog and social media communities (the “Sites”). The Sites include but are not exclusive to the Triple Crown blog (the “Blog”), Facebook pages and Twitter account.
Access to the Sites
To access some of the resources the Sites have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on this site will be correct, current, and complete. If Triple Crown believes the information you provide is not correct, current, or complete, Triple Crown has the right to refuse you access to the Sites or any of its resources, and to terminate or suspend your access at any time.
Triple Crown respects the rights of others, and we ask users of our site to do the same. You agree that, by uploading any images, graphics, text, hyperlinks, code or other content (“User Content”) to our website, you grant Triple Crown and our agents, representatives, users and visitors to the site an unconditional license to use the User Content in conjunction with our website. Your unconditional license grant in the previous sentence includes, without limitation, the right to share your User Content on Facebook or Twitter and it extends to anyone who elects to do so on either of those social media platforms.
You also agree that you will not post, send, submit, publish, or transmit in connection with the Sites any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- amounts to a ‘pyramid’ or similar scheme; or
- disobeys any policy or regulations established from time to time regarding use of the Sites or any networks connected to the Sites.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in the Sites shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind (i.e., joint venture, agency, etc.) is created between you and Triple Crown, nor between you and the individual authors or commentators of posts or articles on the Sites. You hereby agree that you will not make any financial, investment, legal and/or other decisions based in whole or in part on anything contained in the Sites.
The security of any data you submit via the Sites is important to us. We review our security practices periodically in an effort to ensure that the Sites are maintained securely. However, no system can perfectly guard against risks of intentional intrusion or inadvertent disclosure of information sent to us. Moreover, when you transmit information via the Internet, your information will be transmitted over a medium that is beyond our control, and therefore the security of the transmission may be compromised before it reaches us. Accordingly, Triple Crown makes no guarantee as to confidentiality or security. IN ADDITION, YOU HEREBY EXPRESSLY AND SOLELY ASSUME THE RISK OF ANY UNAUTHORIZED DISCLOSURE OR INTENTIONAL INTRUSION, OR OF ANY DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SITES. Your usernames, passwords and email address should be kept confidential. Failure to do so may also compromise the confidentiality of your information.
Disclaimer of Warranties; No Duty to Update
While Triple Crown uses reasonable efforts to include accurate and up-to-date information on the Sites, Triple Crown makes no warranties or representations as to the accuracy or completeness of the Sites’ information. Information on the Sites is provided to you “AS IS” and “AS AVAILABLE” and without warranty of any kind.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TRIPLE CROWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TRIPLE CROWN DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE SITES IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You understand that Triple Crown cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Triple Crown does not assume any responsibility or risk for your use of the Internet.
The content on the Sites is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Triple Crown. Investors, borrowers, and other persons should use the Sites in the same manner as any other medium and should not rely on the Sites to the exclusion of their own professional judgment. Information obtained by using the Sites is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TRIPLE CROWN OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE INFORMATION CONTAINED ON THE SITES OR OBTAINED FROM YOUR USE OF THE SITES, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SITES, EVEN IF TRIPLE CROWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRIPLE CROWN’S OR ANY OF ITS PREDECESSORS’, SUCCESSORS’, PARENTS’, SUBSIDIARIES’, AFFILIATES’, OFFICERS’, DIRECTORS’, SHAREHOLDERS’, INVESTORS’, EMPLOYEES’, AGENTS’, REPRESENTATIVES’, LICENSORS’ AND ATTORNEYS’ AND THEIR RESPECTIVE HEIRS’, SUCCESSORS’ AND ASSIGNS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED $1.00. THE USE OF THE SITES IS ENTIRELY AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES.
Links to Other Sites
The Sites may include links to other websites, but Triple Crown has no responsibility for the content of other such sites. These links are provided for your convenience only and do not mean that we endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites. Triple Crown shall not be liable for any damages or injury arising from the use of other such sites and/or their content. Any links within the Sites to other websites are provided solely as a convenience to our Sites’ visitors.
Linking to The Sites
You generally do not need to obtain permission from Triple Crown to put a text link on your website that links back to the one of Sites. We reserve the right, however, to revoke permission to the link at any time in our sole discretion. If we revoke such consent, you agree to immediately remove and disable any and all of your links to the Sites. In the absence of a written agreement with us specifying how you may link to the site, use the following guidelines for adding one or more links to the Sites from your website:
- The link must be a text-only link that clearly includes the phrases “www.triplecrownhorsefeed.com/horsefeedblog” or “Triple Crown”
- The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Triple Crown’s good name and trademarks.
- The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by Triple Crown.
- The link, when activated by a user, must display the Sites in full-screen and not within a “frame” on the linking website and linking may not trigger any pop-up or pop-under windows.
- The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.
Change in Services
The Sites are being provided by Triple Crown as a courtesy to you, and Triple Crown reserves the right to modify, discontinue, temporarily or permanently, the Sites, or any part thereof, at any time, with or without notice. In addition, your access to the Sites may be discontinued at any time if you violate the terms of this agreement or if we determine, for any other reason, that it is no longer appropriate for you to have access to the Sites. From time to time, the Sites may offer visitors the opportunity to participate in additional features or services through Triple Crown. You may be required to enter into additional agreements or authorizations before you can access such features or services.
Electronic Contracting and Notices
You agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding your use of the Sites (collectively, “Notices”). We may send you electronic Notices (1) to any e-mail address that you may provide to us, or (2) by posting the Notice on the Triple Crown website. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the Notice communication. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the Sites. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
Procedures for Making Claims of Copyright Infringement
We respect the intellectual property of others, and we ask those posting to the Sites to do the same. If you believe that your copyrighted work has been copied and is accessible on the Sites in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published.
- Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
- Your name, address, telephone number, and email address so that we may contact you.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Our agent for notice of claims of copyright infringement for the Sites can be reached as follows:
c/o Triple Crown, Inc.
319 Barry Avenue South Suite 303
Wayzata, MN 55391
Trademarks and Copyrights
Copyright and Reuse of Material
Unless otherwise indicated, all content on this site is Copyright © 2012 Triple Crown Nutrition, Inc. All rights reserved. All products and brand names are trademarks or registered trademarks of Triple Crown or their respective holders. The content and designs of the Sites are protected by U.S. and international copyright laws.
You may not copy, reproduce, republish, upload, post, display, transmit, or frame any materials on the Sites without prior written consent from the copyright owners, except that you may view, download, display and print these materials for personal use by individuals or for non-commercial use within your organization, so long as: (1) you do not alter or modify the materials in any way; (2) you include all applicable notices and disclaimers (including copyright notices); and (3) you do not use the materials in a way that suggests an association with Triple Crown. You understand and agree that title to these materials shall not pass to you or any other user.
We may assign this contract at any time to any subsidiary or affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Triple Crown website regarding any change of ownership so that you have the opportunity to discontinue your use of the Sites if you do not wish to continue to use the Sites under the new ownership. You may not assign this contract to any one else.
The Sites will be governed and interpreted pursuant to the laws of the State of Minnesota, United States of America. If there is any dispute regarding the Sites, by using the Sites, you agree that the dispute will be governed by the laws of the State of Minnesota without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts of the State of Minnesota, Hennepin County.
Agreeing to Terms
Last revised January 2012.
Copyright © 2012 Triple Crown, Inc. All rights reserved.
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