- Introduction
This disclaimer governs your use of our website www.ontrackequine.com;
by using our website, you accept this disclaimer in full. If you disagree
with any part of this disclaimer, do not use our website.
- Intellectual property rights
Unless otherwise stated, the territory owners of ONTRACK own the intellectual
property either in full or equal to the percentage/share they are currently
in possession of per the most current signed contract. Currently, (February
10,2007) the territories are owned both solely, and partially by all parties
and are laid out in the Territory agreement of the ONTRACK development and
program agreement. They are completely and without fault to either Lameness
Solutions LLC (president/owner Scott Lampert), SportHorizon Ltd, (Director
- Mark Johnson) and Michael McMahon; and/or any legally assigned party that
either Scott Lampert, Mark Johnson, or Michael McMahon have rightfully drawn
and signed a written agreement at time of issue or dispute. Subject to the
licence below, all our intellectual property rights are reserved.
All web links, forwards, and re-directs must be approved; and when posted
are considered intellectual property of ONTRACK and the specific owner(s);
any such items will be protected and governed with equal consideration to
this agreement.
- Licence to use website
You may view, download, and print material from the website, provided that:
you are the owner of the original material or you have been granted access
to the material by the owner via the website. You must not republish material
from this website (including republication on another website), or reproduce
or store material from this website in any public or private electronic
retrieval system without permission or authorised access.
you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise
exploit our website or material on our website for a commercial purpose,
without our express written consent or the permission on the owner of
the uploaded material.
you MAY NOT edit or otherwise modify any material on the website unless
given permission to do so.
All logo's, trademarks and copyrights are to be honoured and protected
and at no time may be reproduced, copied, used, borrowed, or duplicated
in any current or manipulated form without explicit written approval by
the authorized personnel
Accurate and current information including a valid Paypal account must
be on file at all times, any deviation from this can and will cause a
disruption of privileges or restriction to the website.
- Limitations of liability
The ONTRACK program and/or any of the ONTRACK websites are merely a tool
to share and transfer data. Simply put, a road that information and data
may travel; and should be referred to and considered as such. Any version
of the ONTRACK program and/or the ONTRACK websites are NOT responsible for
any the information/data that travels on or across the ONTRACK programs,
or ONTRACK websites. Below is this same basic idea but in more detail.
ONTRACK does not accept any responsibility for any loss, disruption or
damage to your data or your computer system which may occur whilst using
material derived from this website at any time, either while connected to
the internet or at any later date. ONTRACK does not warrant that the functions
contained in the material in this site will be uninterrupted or error free.
Also, ONTRACK does not warrant that defects will be corrected, or that this
site or the server that makes it available is free of viruses or represent
the full functionality, accuracy, and reliability of the materials. In no
event will ONTRACK be liable for any loss or damage including, without limitation,
indirect or consequential loss or damage, or any loss or damages whatsoever
arising from use or loss of use of, data or profits arising out of or in
connection with the use of ONTRACK website. Every effort is made to keep
the website up and running smoothly. However, ONTRACK takes no responsibility
for, and will not be liable for, the website being temporarily unavailable
due to technical issues beyond our control.
To the maximum extent permitted by applicable law we exclude all representations,
warranties and conditions (including, without limitation, the conditions
implied by law of satisfactory quality, fitness for purpose and the use
of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under
applicable law. We will not be liable for any direct, indirect or consequential
loss or damage arising under this disclaimer or in connection with our website,
whether arising in tort, contract, or otherwise - including, without limitation,
any loss of profit, contracts, business, goodwill, data, income, revenue
or anticipated savings.
However, nothing in this disclaimer shall exclude or limit our liability
for fraud, for death or personal injury caused by our negligence, or for
any other liability which cannot be excluded or limited under applicable
law.
At no time is the ONTRACK website or any version of the ONTRACK program
responsible for any information, data, decisions, diagnosis, implications,
consultations, reviews, or assumptions. You, the user or member, take full
responsibility for any of the above listed. Also, at no time is ONTRACK
website or any version of the ONTRACK program responsible for the authenticity
of any material, information, data, decisions, diagnosis, implications,
consultations, reviews or assumptions. All material transferred, supplied,
or shared is the complete responsibility of the original person who granted
access, published, transferred, supplied or shared the data, information,
report, diagnosis, decision, implication, consultation, review or assumption.
- Restricted access
Access to certain areas of our website is restricted. We reserve the right
to restrict access to other areas of our website, or indeed our whole website,
at our discretion.
If we provide you with a user ID and password to enable you to access restricted
areas of our website or other content or services, you must ensure that
that user ID and password is kept confidential. You accept responsibility
for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion OR if you
breach any of the policies or terms governing your use of our website or
any other contractual obligation you owe to us.
- Bulletin board / chat room / comments
You must not use our website in any way that causes, or may cause, damage
to the website or impairment of the availability or accessibility of the
website.
You must not use our website in any way which is unlawful, illegal, fraudulent
or harmful, or in connection with any unlawful, illegal, fraudulent or harmful
purpose or activity.
You must not use our website for any purposes related to marketing without
our express written consent.
You must not use our website to copy, publish or send mass mailings or
spam. Any implication or deviation of this will be prosecuted to the full
extent of the law.
You must not use our website to copy, publish or send material which is
illegal or unlawful, or material which could give rise to legal action under
English and other applicable law. All material you copy, publish or send
via our website must not be defamatory, obscene, indecent, hateful, discriminatory
or inflammatory; such material must not infringe any person's intellectual
property rights or rights of confidence, impinge upon any person's privacy,
or constitute incitement to commit a crime[; further, material must not
be misleading, deceptive, sexually explicit, threatening, abusive, harassing
or menacing.
We reserve the right to edit or remove any material posted upon our website.
We may take such action as we deem appropriate to deal with the posting
of unsuitable material, including suspending or cancelling your account,
restricting your access to our website, or commencing legal proceedings
against you.
In respect of all material that you post on our website, you grant to us
a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce,
adapt, publish, translate and distribute such material in any media, together
with the right to sub-licence such rights.
- Variation
We may revise this disclaimer from time-to-time. Please check this page
regularly to ensure you are familiar with the current version.
- Entire agreement
This disclaimer constitutes the entire agreement between you and us (ONTRACK)
in relation to your use of our website, and supersedes all previous agreements
in respect of your use of this website.
- Law and jurisdiction
This notice will be governed by and construed in accordance with English
law, and any disputes relating to this notice shall be subject to the exclusive
jurisdiction of the courts of England.
- Our contact details
All program versions of ONTRACK and the ONTRACK ZONE (http://www.ontrackzone.com)
are a division of Lameness Solutions LLC. All laws, copyrights, and trademarks
protected. Email to contacts@ontrackequine.com
or by post to ONTRACK PO Box 152, Lake Elmo, Minnesota 55042, USA.