Welcome to Gradeoneracing.com. To ensure a safe, non-offensive environment for all of our users, we have established our Terms of Use. By accessing any areas of Gradeoneracing.com, users (“Users”) agree to be legally bound and to abide by the terms set forth below. Gradeoneracing.com is owned and operated by Grade One Racing, LLC, a Delaware, limited liability company. Any references herein to Gradeoneracing.com shall be deemed to refer to Gradeoneracing.com and/or Grade One Racing, LLC, as applicable.

I. TRADEMARKS

Gradeoneracing.com is a service mark of Grade One Racing, LLC or its affiliates. All rights reserved. These and other Gradeoneracing.com graphics, logs and service marks and trademarks of Grade One Racing, LLC and its affiliates may not be used without prior written consent of Grade One Racing, LLC, or its affiliates. All other trademarks, product names, and company names and logos appearing on Gradeoneracing.com are the property of their respective owners.

II. DISCLAIMERS AND LIMITATION OF LIABILITY

User expressly agrees that use of Gradeoneracing.com is at User's sole risk. Neither Gradeoneracing.com nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that Gradeoneracing.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of Gradeoneracing.com, or as to the accuracy, reliability, or currency of any information content provided through Gradeoneracing.com.

THIS SITE IS PROVIDED BY GRADEONERACING.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. GRADEONERACING.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION OR OTHER CONTENT INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GRADEONERACING .COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE GRADEONERACING.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY GRADEONERACING.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

Under no circumstance shall Gradeoneracing.com or any other party involved in creating, producing, or distributing Gradeoneracing.com content be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Gradeoneracing.com, including but not limited to reliance by User on any information obtained from Gradeoneracing.com or that result from mistakes, omissions, interruptions, deletion of files or e‑mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Gradeoneracing.com's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content and services available through Gradeoneracing.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

III. CONTENT

1. PROPRIETARY RIGHTS

   User acknowledges that Gradeoneracing.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Gradeoneracing.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right software.

2. USER SUBMISSION

   By submitting Content to any User‑submit areas, including without limitation any blog response boards or chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted Gradeoneracing.com the royalty‑free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on Gradeoneracing.com retains any and all rights which may exist in such Content.

3. THIRD-PARTY CONTENT

   Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Gradeoneracing.com, are those of the respective authors or distributors and not of Gradeoneracing.com or its affiliates or any of their officers, directors, employees or agents. Neither Gradeoneracing.com nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of Gradeoneracing.com, guarantees the accuracy, completeness or usefulness of any Content, nor its fitness for any particular purpose. In many instances, the Content available through Gradeoneracing.com represents the opinions and judgments of the respective Provider, or User not under contract with Gradeoneracing.com. Gradeoneracing.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Gradeoneracing.com. Under no circumstances shall Gradeoneracing.com, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through Gradeoneracing.com. It is the responsibility of User to independently evaluate the information, opinion, advice, or other Content available through Gradeoneracing.com.

IV. ONLINE CONDUCT

User agrees to use Gradeoneracing.com only for lawful purposes. User is prohibited from posting on or transmitting through Gradeoneracing.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.

If Gradeoneracing.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), Gradeoneracing.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Gradeoneracing.com .Gradeoneracing.com may disclose any Content or electronic communication of any kind: (I) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate Gradeoneracing.com; or (iii) to protect the rights or property of Gradeoneracing.com, its Users or Providers.

Gradeoneracing.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Gradeoneracing.com, the communities that make up Gradeoneracing.com, or any rights of Gradeoneracing.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Gradeoneracing.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Gradeoneracing.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Gradeoneracing.com.

V. PRIVACY POLICY

In accordance with the terms of Gradeoneracing.com's Privacy Policy,Gradeoneracing.com respects the privacy of its Users.

VI. TERMINATION OF USAGE

Gradeoneracing.com may terminate User's access, or suspend any User's access to all or part of Gradeoneracing.com, without notice, for any conduct that Gradeoneracing.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Gradeoneracing.com. If said termination affects a paid subscription, Gradeoneracing.com shall issue a pro-rated credit for the remainder of the subscription term.

VII. USAGE BY CHILDREN UNDER 18

The Content provided on Gradeoneracing.com is primarily related to horse racing activities and is presented for entertainment and information purposes only. Gradeoneracing.com cannot prohibit minors from visiting this site .Gradeoneracing.com must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase. Any potential contest activity, including free handicapping contests shall be subject to all state and federal laws.

Gradeoneracing.com requires that all purchases be made either: (I) by individuals 18 years of age or older, or (ii) by minors under 18, through a Gradeoneracing.com authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors, and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT Gradeoneracing.com, YOU ARE REPRESENTING TO Gradeoneracing.com THAT YOU ARE EITHER (I) AN INDIVIDUAL 18 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 18 WHO IS PURCHASING THROUGH A Gradeoneracing.com AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.

VIII. REFUND POLICY

Grade One Racing features a free seven day trial for new members to the site. However, all subscription purchases are final sale. There shall be no refunds of any paid subscriptions.

IX. APPLICABLE LAW

This site is created and controlled by Gradeoneracing.com in the State of California. As such, the laws of the State of California. will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws .Gradeoneracing.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of California, and of the United States of America located in the State of California for any litigation arising out of or relating to use of or purchase made through Gradeoneracing.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of California, and agrees not to plead or claim in any court of the State of California that such litigation brought therein has been brought in an inconvenient forum.

X. SEVERABILITY

The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

ACKNOWLEDGMENT

The Terms of Use and Service, including all documents referenced herein, represents the entire understanding between you and Gradeoneracing.com regarding your relationship with Gradeoneracing.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the Gradeoneracing.com Web site. The aforementioned Terms of Use and Service are subject to change.

To contact GradeOneRacing.com in writing, please send correspondence to:

GradeOneRacing
9901 Trailwood Drive #1112
Las Vegas, NV 89134