TERMS AND CONDITIONS
MODIFICATION OF THESE TERMS AND CONDITIONS
Exacta and its affiliates reserve the right to change these Terms and Conditions from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this Site. Continued use of the Site following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and Conditions of such changes. Exacta may cease all or part of the Site at any time without notice and is not obligated to retain or return any post or comment.
LIMITED COPYRIGHT LICENSE
This Site, including all materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of Exacta, its affiliated companies and/or its licensors. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Exacta does not grant any express or implied copyright rights.
Subject to your continued compliance with these terms and conditions, Exacta grants you a non-exclusive, non-transferable, limited right to access, use, display and listen to this Site and the information, images, sounds and text (“materials”) thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. You agree not to dispute Exacta’s claims of ownership or validity of its rights in the materials on this Site.
Exacta authorizes you to view and download the materials at this Site only for your personal, non-commercial use. Exacta may suspend or terminate this authorization at any time for any reason. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
1. You must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials;
2. You may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
3. You must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
LINKING, CRAWLING, AND ARCHIVING CONTENT
If you would like to link to this Site, you must comply with the following guidelines:
1. do not incorporate any content from this Site into your site (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content;
2. you may not use any Exacta trademarks, logos, designs or service marks in your links;
3. you may not use any trademarks, logos, designs, or service marks of any other entities (not Exacta) that may be occasionally or permanently displayed on our website;
4. you may not create the appearance of a relationship or affiliation with Exacta; and
5. your site may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information from the Site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures that Exacta may employ to verify a human user.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE THIS SITE, TAMPER WITH ITS CONTENTS, OR OTHERWISE UNDERMINE EXACTA’S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EXACTA RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
The Exacta name, and all trademarks and logos displayed on this Site are owned or used under license by Exacta. These trademarks include, but are not limited to, product brand names (e.g., Exacta, Connect, Connect HHR, Parigressive, Power Link, Captivate Horizon, Triple Halo, Magic Moon Dragon, Gryphon’s Glory, etc.), slogans, logos and emblems. The unauthorized use of any trademark displayed on this Site is strictly prohibited. Except as expressly provided herein, Exacta does not grant any express or implied trademark rights, either under common law, or under any applicable trademark registrations.
Exacta products and services are covered by multiple issued patents in the United States, and elsewhere. By accessing the Site, you agree that you are on actual notice of these issued patents as the term is used in 35 USC 287. You agree and accept that Exacta does not grant any express or implied right to you under any patents.
CHANGES TO THE SITE
Exacta reserves the right to change, modify, suspend, discontinue or permanently cancel this Site’s operation or portions thereof without any notice to you, including but not limited to product specifications, services offered, and/or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered notice and acceptance of such changes.
INDEMNITY AND HOLDHARMLESS
By using this Site you agree that you will defend, indemnify and hold harmless Exacta and its subsidiaries and affiliates, together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Exacta reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Exacta’s defense of such claim.
DESIGNATED AGENT FOR COPYRIGHT NOTIFICATION
If you believe that any content on this Site infringes your copyright rights, please contact Exacta’s designated agent for receiving such notifications in writing as follows:
Exacta Systems, LLC
1123 Gateway Blvd.
Boynton Beach, FL 33426
In your communication, please include:
1. Your physical or electronic signature.
2. Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a representative list of such works.
3. Identification of the material that you claim to be infringing, and information reasonably sufficient to permit us to locate the material.
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law.
6. A statement that the information in your notification is accurate.
If the communication is submitted by someone on your behalf, the communication must also contain a statement that, under penalty of perjury, the submitter is authorized to act on your behalf.
Exacta may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time. NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS SITE, OTHER WEBSITES PROVIDED BY EXACTA OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE SITES.
This Site and all the information it contains is provided for information purposes only on an “as is” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Exacta, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, Exacta disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Exacta is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EXACTA’S OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. EXACTA, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. EXACTA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EXACTA WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NEITHER EXACTA, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
These Terms and Conditions together with any additional terms to which you agree when using particular elements of this Site constitute the entire agreement regarding the Site and any services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from Exacta’s offices in the United States of America. These terms and conditions are governed by, and construed in accordance with, the laws of the State of Indiana, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Exacta’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in the Federal or State courts located in Indianapolis, Indiana, USA, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Effective Date: August 10, 2021