Terms of Service

Last Updated:  August 1, 2023

 

The web pages available at www.thewinnerscircleacademy.com, and all associated and linked pages (the “Site”) are owned and operated by TWCA LLC (“we”, “our”, “The Winner’s Circle Academy”).

By accessing, using or obtaining any information, content, data, materials, products or services through our site, you agree to be bound by these Terms of Service. If you do not accept the entirety of these Terms of Service, then you may not access the Site or use it in any matter. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

Description of Service

The Winner’s Circle Academy provides horse racing-related information services including articles, statistical data, analytical tools, newsletters, podcasts and other related content (our “Services”) through various distribution methods including our website, email communications, mobile applications and distribution partners. These Services may be updated or deleted at any time at the discretion of The Winner’s Circle Academy.  All information included as part of our Services is produced for entertainment and education purposes only and is not intended to be used in direct or indirect violation of local, state, federal or international laws.

Eligibility

You must be at least 21 years of age to use our Site and Services, whether acting on your own behalf or as an authorized employee or representative of a corporation of other business entity. In certain jurisdictions, access to our Site and Services may be higher than 21 years of age. Our Services are provided strictly for your personal, noncommercial use only.

Warranty Disclaimers and Limitation of Liability

YOU RELEASE THE WINNER’S CIRCLE ACADEMY OF ALL LIABILITY ARISING FROM YOUR USE OF THE SITE AND SERVICES. WE MAKE NO WARRANTY OF ANY KIND REGARDING OUR SITE OR SERVICES PROVIDED, ALL OF WHICH ARE PROVIDED ON AN “AS-IS” BASIS. YOU UNDERSTAND AND AGREE YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OF WARRANTY THAT OUR SITE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. WE FURTHER DISCLAIM ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS AND TIMELINESS OF ANY CONTENT OR INFORMATION FOUND ON OUR SITE.

THE WINNER’S CIRCLE ACADEMY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED IN AN EXPEDIENT MANNER.

NO OPINIONS OR INFORMATION OBTAINED BY YOU FROM THE WINNER’S CIRCLE ACADEMY SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

THE WINNER’S CIRCLE ACADEMY SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO SPORTS GAMBLING OR WAGERING LOSSES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WINNER’S CIRCLE ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR SITE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE OR SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY IN CONNECTION WITH OUR SITE OR SERVICES. WE WILL NOT BE A PARTY TO OR MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

THE WINNER’S CIRCLE ACADEMY SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OF YOUR ACCOUNT.

Intellectual Property Rights

All Services and content from our Site are the exclusive property of the The Winner’s Circle Academy and its licensors and may not be reproduced without the prior written consent of The Winner’s Circle Academy. Except as expressly authorized by The Winner’s Circle Academy, you agree not to reproduce, republish, distribute, post, copy, adapt, edit, publicly display or otherwise transmit any content, or any derivative works based on the website, services, content, data, software or functionality, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided.

User Responsibility for Decisions

The Winner’s Circle Academy provides various horse racing information services to its users. You agree that you bear the full responsibility for your own decisions as a result of utilizing our information. The Winner’s Circle Academy, its directors, its employees, and its agents will not be liable for any decision made or action taken by you and others based on news, information, opinions, or any other content published through our Services.

Advertisements

Your communication or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertisers and vendors. You agree that The Winner’s Circle Academy shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site, or in connection with our Services. The Winner’s Circle Academy will not be a party to or in any way monitor any transaction between you and any advertisers or vendors. All of your business dealings with advertisers and vendors appearing on the Site or in connection with our Services shall be solely at your own risk.

Dispute Resolution

If a dispute shall arise in connection with your use of our Services or in relation to any of our Terms of Service, our preference is to resolve the matter informally with direct contact via phone or email. Accordingly, in the event of a dispute, you agree to first contact us via phone or email with a detailed description of the dispute. In the event a dispute cannot be resolved informally, you hereby agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest shall be resolved individually, without resort to any form of class action, and exclusively in the Tarrant County (Texas) District Court; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred , but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these terms of service, shall be governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules.

Privacy

The Winner’s Circle Academy takes the privacy of our users seriously. Refer to our Privacy Policy for details.

Termination Clause

The Winner’s Circle Academy reserves the right to refuse to accept a user applying to become a member of the Service. You agree that The Winner’s Circle Academy, in its sole discretion, may terminate or suspend your account without prior notice or liability, for any reason without limitation, including if we believe you have violated or acted inconsistently with the spirit of our Terms of Service. We may also at our sole discretion and at any time, discontinue providing the Site or Services, or any part thereof, with or without notice. You agree that The Winner’s Circle Academy may immediately deactivate or delete your user name and password and all related information corresponding to your password and that we can ban further access to the Site when appropriate.

If your account becomes inactive for a period of 12 months, The Winner’s Circle Academy may, at its option, terminate access to your account, including deletion of any account information.

If you wish to terminate your The Winner’s Circle Academy account, you may do so by sending an email message to enrollment@The Winner’s Circle Academy.com with the words “Terminate account” in the subject field. All provisions of these Terms of Use shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

User Conduct

As a condition of use, you agree that you shall not use the Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose intended by The Winner’s Circle Academy. You agree not to use the Service to contribute any content that is infringing, defamatory, obscene, abusive, offensive, or otherwise violates any law or right of any third party or for any illegal or unauthorized purpose. You will not use the information at The Winner’s Circle Academy to violate any laws within your jurisdiction.

Your The Winner’s Circle Academy account is intended for your use only and shall not be shared with other persons for any reason without prior approval from us. Excessive log-ins with the same user name and password from different IP addresses can result in a cancellation of your account without refund.

You agree not to utilize web crawlers or any other type of internet bot to browse, index, scrape or obtain content or information in any way from our Site unless expressly authorized by The Winner’s Circle Academy. Accounts found to be utilizing any of these techniques can be terminated by The Winner’s Circle Academy without refund.

Indemnity

 

You agree to indemnify and hold The Winner’s Circle Academy, and its subsidiaries, directors, officers, other officials, agents, co-branders or other partners, employees, affiliates and other related entities, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

Third Party Links

The Winner’s Circle Academy may provide, or third parties may provide, links to other websites or resources. Because The Winner’s Circle Academy has no control over such sites and resources, you acknowledge and agree that The Winner’s Circle Academy is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The Winner’s Circle Academy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You understand that these Terms of Service and our Privacy Policy do not apply to your use of such sites. We encourage you to be aware of when you leave the Site, and to read the terms of service and privacy policy of any third-party website or service that you visit.

Severability

If any provision of these Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect.

Accuracy of the Service

The Winner’s Circle Academy makes no representations or warranties regarding the accuracy of the Service, information provided by the Service, or your use of the Service.  One of the offerings of the Service is the pre-event analysis of horse races. You represent, warrant, acknowledge and understand that predicting the outcome of a horse race is not an exact science, and that past performance in providing the Service is no assurance of the future accuracy of the Service.

Sports Wagering

If you intend to use the Service for any purpose related to gambling or wagering money or items of value on the outcome(s) of horse races or contests, you acknowledge that The Winner’s Circle Academy provides no assurances whatsoever regarding the accuracy of the Service, especially regarding the effectiveness of information included in the Service as applied to betting. You acknowledge the significant risk for personal loss that may result from basing wagering decisions on information included in the Service, and you agree that you will not interpret information provided by the Service as a recommendation or encouragement by us for you to gamble or take part in any unlawful activities.

Assignment of Rights

By providing any personal information, you agree and are giving permission to The Winner’s Circle Academy, its associates, sponsors and affiliates of this offer may contact you by means of telephone, e-mail or other sources of marketing, even if your number is found on a do not call registry or listed on an opt-out list pursuant to the CAN-SPAM Act.

Modifications

The Winner’s Circle Academy reserves the right, at its sole discretion, to modify the Terms of Service at any time. Subsequent changes to the Terms of Service will be indicated at the top of this page with the last revision date. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of these Terms of Service as modified. We recommend that you periodically review the Terms of Service.

You acknowledge and agree that, other than those representations expressly set forth in these Terms of Service: (i) The Winner’s Circle Academy has not made or will make any binding representation; and (ii) you have not relied on and will not rely on any representation not set forth in these Terms of Service as binding.

Trademark and Copyright

Unless otherwise indicated, the The Winner’s Circle Academy site and its content are the exclusive property of TWCA, LLC and are protected by copyright, trademark and other common laws. Except as expressly authorized by The Winner’s Circle Academy, you agree not to reproduce, republish, distribute, post, copy, adapt, edit, publicly display or otherwise transmit any content, or any derivative works based on the website, services, content, software or functionality, in whole or in part.

Subscription Payments

The Winner’s Circle Academy provides horse racing-related information services through various subscription plans. All subscription purchases are one-time, non-recurring payments. In order to renew an expired subscription, you must purchase it again. Once you purchase a subscription, you gain immediate access to various content and/or services over a specified length of time. Due to the nature of our Services, we do not offer refunds to customers after purchase. All subscription sales are final. If you cancel before the end of your subscription term, you will continue to have access to your account and the associated content and/or services for the remainder of such subscription term. The Winner’s Circle Academy reserves the right to issue refunds at our sole discretion but we are not obligated to issue the same or similar refunds in the future.

Background Information

 

In order to register for our Service, you may be required to provide certain personal information about yourself, including but not limited to, your name, age, address, phone number and email address. You may also be required to elect certain preferences for content on our website. In consideration of your use of our Services, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the registration process. If any information provided is discovered to be inaccurate, not current or incomplete, The Winner’s Circle Academy has the right to suspend or terminate your account and/or password and ban future use of our Services.

Availability

The Winner’s Circle Academy will attempt to make the Service available 24 hours a day, seven days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades or repairs due to various circumstances beyond our control. You agree that The Winner’s Circle Academy shall not be held liable for any modification, limitation, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the Service for any reason and without notice. You are responsible for obtaining access to the Service and such access may necessitate third party fees such as Internet service provider or airtime charges. You are responsible for those fees, including any related fees associated with the display or delivery of advertisements.

Reporting Violations of Your Copyrights

If you believe the copyright in your work has been violated through this Service, please contact our agent for notice of claims of copyright infringement at [email protected] . You must provide our agent with the following information, which may be forwarded to the alleged infringer:

• Identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on Service;
• Provide your address, telephone number and email address;
• Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf on that owner; and
• Provide your physical signature. Upon receiving your complaint, The Winner’s Circle Academy may remove your content that you believe infringes your copyright.

If you have any questions regarding these Terms of Service, please contact us at [email protected]