Terms of Service

THIS AGREEMENT (“Agreement”) DESCRIBES THE TERMS AND CONDITIONS THAT APPLY TO AND GOVERN YOUR USE OF THE RACINGDUDES.COM (RD Site) WEB SITE AND THE SERVICES AVAILABLE THEREON (“RD Services” or “Services”). By clicking in the box on the RD Site indicating your acceptance of these terms and conditions, you represent that you have read, understand and agree to this Agreement and are legally bound to the terms and conditions of this Agreement. As used in this Agreement, the terms “RD”, “we”, “our” or “us” refer to Thoroughbred Racing Dudes, LLC. and its designated affiliates and service providers, and the terms “you” and “your” refer to any person or entity who uses the RD Site or RD Services. We may amend this Agreement, in whole or in part, at any time, by posting the amended terms and conditions on the RD Site. You understand that your continued use of the RD Site or RD Services after a change has been posted constitutes acceptance of the amended terms and conditions.

  1. REPRODUCIBILITY

    All data and the information contained on or within the RACINGDUDES.COM website and it’s related content cannot be rebroadcast, reproduced or transmitted in whole or in part in any matter-either in print form or electronically via the Internet, including but not limited to other Internet sites, newsgroups, posting boards, and forums, etc., – without the written consent of RD

  2. RSS FEED

    The content published on our RSS and XML Feeds may be re-broadcasted or re-transmitted in whole and unaltered in any manner with clear attribution to the Website as owners of the content.

  3. COPYRIGHT AND TRADEMARKS

    The content and all intellectual property pertaining the RD Site and RD Services and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by RD or third parties, and all right, title and interest therein and thereto shall remain the property of RD and/or such other third parties. The RD Site and RD Services may be used only for the purposes permitted by this Agreement or described on the RD Site. You are authorized solely to view and to retain a copy of the pages of the RD Site for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web or elsewhere on the Internet, or in any way distribute or exploit the RD Site, RD Services or any portion thereof for any public or commercial use without the express written permission of RD. Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the RD Site (or printed pages thereof). The name RD and other names and indicia of ownership of RD’ products and/or services referenced on this site are the exclusive marks of RD. Other product, service and company names appearing on the site may be trademarks of their respective owners.

  4. INTENDED USERS

    The RD Site and RD Services are directed to persons age 18 and over. The RD Site and RD Service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. You represent that your use of the RD Site and RD Services is in compliance with all applicable laws and regulations. It is your sole responsibility to understand the laws of each jurisdiction directly or indirectly impacted by your access to and/or use of the RD Site and RD Services including, without limitation, the laws of your country of residence and the laws of the country in which the RD Services will ultimately be received. Each time you access the RD Site and/or use the RD Services, you represent and warrant to RD that such access and/or use is: (i) entirely legal for you and RD both in your country of residence and in any country directly or indirectly impacted by such access and/or use and (ii) consistent with the Agreement.

  5. PAYMENT TERMS

    You can purchase RD Services by using your VISA debit or credit card, your MasterCard debit or credit card, your Discover card, American Express card (“bank card”). You understand and agree that RD will not transact any payment that is not in U.S. dollars. By completing and submitting the forms required on the RD Site to purchase RD Services, including but not limited to, the designation of a bank card for payment, you agree that the purchase price will be immediately charged to or withdrawn from the account associated with such card. All purchases are strictly non-refundable; in-store credit only when applicable.

  6. RECURRING BILLING

    Some products are offered as a “Subscription”. By purchasing a subscription, you agree to be re-billed the agreed amount at the agreed interval until canceled. To cancel your subscription, contact us.

  7. REFUND POLICY

    RD Services are non-refundable except in the instance where the package and/or program is clearly stated to have a “Money Back Guarantee” in writing. You should assume that a package and/or program is not refundable.

  8. IN-STORE CREDIT

    At RD’s sole discretion in-store credit may be issued for any RD Services. Previously being granted In-store credit does not guarantee future issuance of in-store credit. You should assume that a package and/or program will not be refunded in exchange for in-store credit.

  9. MONEY BACK GUARANTEE ELIGIBILITY

    If a package and/or program has a “Money Back Guarantee” stated clearly and in writing and you meet the eligibility requirements, you will receive 100% of the money back that was invested with RD for that specific package and/or program if the program fails to show positive “net units” based on the win/loss/tie results of all selections released under that program and/or package. Customer participation through the entirety of the eligible program and/or package is required. Money back guarantee is only valid for customers who paid the full purchase price of eligible package and/or program. Customers who qualify for a refund must submit in writing their request within 14 days of the completion of the eligible program and/or package.

  10. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE PERFORMANCE

    Remember, past results are absolutely no guarantee of future results. Future projections are simply that, projections. Horse racing wagering is purely speculative in nature and there is never a guarantee to win and/or profit from our selections. Horse racing wagering is extremely high risk. We are not responsible for any errors or omissions in typical results information. Some individuals may make little money or even lose money. Individual results will vary greatly and in accordance to your determination, hard work, and ability to follow directions. As with any investment, you should always perform due diligence.

  11. PROFESSIONAL SOBRIQUETS

    For privacy reasons, RD principals and staff use professional sobriquets. No association with any real person with the same or similar name is intended or should be inferred.

  12. ACCURACY OF INFORMATION

    All testimonials, case studies, and examples maybe edited to protect the privacy of our clients and consultants. Some are dramatizations. All testimonials are given freely and clients are never compensated for providing them.

  13. CUSTOMER SERVICE

    If you discover any errors or have any problems with or related to the RD Site or RD Services, you should first contact RD by email at [email protected]

  14. SERVICE TERMS

    By using RD Services, you acknowledge and agree that RD expressly reserves the right to refuse to provide RD Services to you, at any time, for any reason deemed necessary to protect RD’ interest.

  15. REGISTRATION

    You may be required to register in order to use RD Services. Registration is subject to the terms and conditions set forth in this Agreement.

  16. USE OF PERSONALLY IDENTIFYING INFORMATION

    When registering or completing a purchase, you may provide RD, its Affiliates, and or Service Providers your personally identifying information such as name, email, and postal address. We may share your information with our sponsors and ad partners. We may use your email to send you special offers and other marketing correspondence. To opt out of this, please see our Privacy Policy.

  17. CONTROL OF PERSONALLY IDENTIFYING INFORMATION

    You may contact us at any time to have all personally identifying information removed from our, and our sponsor’s records that are unrelated to transactions made. You will continue to get emails related to your past, present, and future purchases. For more information, see our Privacy Policy.

  18. PASSWORD AND SECURITY.

    You will choose a password and account email login upon registering. You are responsible for maintaining the confidentiality of your password and account email login, and are fully responsible for all activities that occur under your password or account email login. You agree to immediately notify RD of any unauthorized use of your password or account email login or any other breach of security. Notwithstanding anything in this Agreement, RD is not liable for any loss or damage arising from your failure to comply with this section or the section above entitled “Registration.”

  19. ACCESS TO PASSWORD PROTECTED/SECURE AREAS.

    Access to and use of Password protected and/or secure areas of the RD Site is restricted to authorized users only. You are responsible for maintaining the security of your password and not permitting any other person access through the use of your password. Unauthorized individuals attempting to access these areas of the RD Site may be subject to prosecution.

  20. LIMITATION OF LIABILITY

    NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL RD OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE RD SITE OR RD SERVICES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF RD OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

  21. WARRANTIES

    RD AND ITS AFFILIATES AND SERVICE PROVIDERS PROVIDE THE RD SITE AND RD SERVICES TO YOU “AS IS” AND “AS AVAILABLE.” RD AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF OR RELATED TO THE RD SITE OR RD SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE RD SITE AND RD SERVICES IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, RD AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH RD SERVICES ARE PROVIDED OR REQUESTED THROUGH THE RD SITE; (B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE RD SITE OR RD SERVICES, VIRUSES CAUSED BY THIRD PARTIES, ERRORS ON THE RD SITE OR WITH RD SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN EMAILS SENT THROUGH THE RD SITE); AND (C) HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OF DATA RELATING TO YOU, THE RD SITE OR RD SERVICES.

  22. INDEMNIFICATION

    You shall indemnify, defend and hold harmless RD, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the RD Site or RD Services. RD reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of RD.

  23. VIOLATIONS OF RULES AND REGULATIONS

    We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.

  24. ENTIRE AGREEMENT

    This Agreement, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between you and RD and supersedes and terminates all prior agreements or understandings you may have with RD.

  25. ASSIGNMENT

    We have the right to assign this Agreement to a subsidiary or affiliate company, or any third party, at any time without your consent. You may not assign or transfer this Agreement without our prior written consent.

  26. SEVERABILITY

    In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, such provision(s) will be deemed modified to the minimum extent necessary to make them valid, legal and enforceable and the remaining provisions shall remain valid and enforceable.

  27. GOVERNING LAW

    Any action related to the RD Site or RD Services will be governed by Missouri law without regard to its conflict of laws principles. All disputes relating to the RD Site or RD Services will be adjudicated in the State or Federal courts located in Missouri.

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