Terms and Conditions of Use
1. Terms and Conditions of Use. Welcome to the Keeneland Concours d’Elegance’s (“KCdE”) website located at www.keenelandconcours.com (this “Website”). These Terms and Conditions of Use (“Terms”) apply to this Website, together with all documents, links, data, information, advertisements, policies, content, functions and other materials and services (together, “Content”) presented therein. Though this Website is owned and operated by KCdE, a non-profit 501(c)(3) charity, it may contain Content not owned by KCdE, which may be subject to separate terms and conditions. This Website is provided by KCdE for informational purposes and for personal use only. Commercial use of this Website is strictly prohibited.
2. Please Read These Terms Carefully Before Using This Website. By accessing this Website or any of its Content, you signify your agreement to be bound by each and every one of the terms and conditions below and that you are of sufficient legal age. If you do not agree with these Terms, please cease using this Website immediately.
3. Changes to these Terms. This Website may contain technical inaccuracies or typographical errors or omissions. KCdE is not responsible for inaccuracies, typographical errors, omissions, product information or advertising. KCdE reserves the right, at its discretion, to change, modify, add or remove all or portions of these Terms at any time. Your continued use of this Website will indicate acceptance by you of such rules, changes or modifications.
4. Links to Third Party Sites. This Website contains links to certain websites owned, operated or controlled by third-parties (“Third Party Sites”). KCdE does not control and is not responsible for the Content of such Third Party Sites, or any changes or updates to such sites. Links to Third Party Sites are provided to you only as a convenience, for information purposes only, and their inclusion does not imply any endorsement, association, approval or warranty by KCdE of such Third Party Sites or any of the Content contained therein. Access to any Third Party Sites shall be at your own risk.
5. Restrictions on Use Of Content. Unless otherwise noted, all Content contained on this Website is protected by copyrights, trademarks and/or other intellectual properties laws. No Content may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download, display and print one copy of the materials presented on this Website on a single computer for your personal, non-commercial use only. The use of any Content from this Website on any other internet, intranet, web or other site or computer environment is prohibited.
6. Additional Terms. Additional terms and conditions may apply to certain portions of this Website. By using this Website you agree to abide and be bound by such additional terms and conditions as well as all applicable laws.
7. Trademarks. The trademarks, logos and service marks displayed on this Website are registered and common law trademarks of KCdE. Nothing contained on this Website should be construed as granting any license or right to use any of the trademarks without the written permission of KCdE.
8. Communications. No right of confidentiality shall apply to any inquiries or other communications made to KCdE through this Website (“Communications”) and KCdE shall have no obligation to protect Communications from disclosure to third parties.
9. DISCLAIMER. KCdE STRIVES TO ENSURE THAT THE CONTENTS OF THIS WEBSITE ARE ACCURATE AND RELIABLE. HOWEVER, ERRORS AND/OR OMISSIONS MAY SOMETIMES OCCUR. AS A RESULT, THIS WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS-IS” BASIS. KCdE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, ITS CONTENT AND/OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE. KCdE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT AND TITLE, AND WARRANTIES THAT THIS WEBSITE AND THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERRORS OF VIRUSES. KCdE IS NOT RESPONSIBLE FOR THE CORRECTNESS, ACCURACY, COMPLETENESS OR RELIABILITY OF THIS WEBSITE OR ANY OF ITS CONTENT. IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY OF ITS CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.
10. Limitation of Liability; Release and Indemnity. In no event shall KCdE or any of its respective officers, directors, licensors, employees or agents be liable, whether in contract, tort, strict liability or otherwise, for any direct, indirect, punitive, special, incidental, consequential or indirect loss, injury or damages (including, without limitation, lost profits) arising out of or in connection with the use of this Website or its Content. For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your use of this Website, you hereby agree to release and waive any and all claims and/or liability against KCdE and any of its respective officers, directors, licensors, employees or agents, if any, arising from or in connection with your use of this Website. You also agree to indemnify and hold harmless KCdE and any of its respective officers, directors, licensors, employees or agents, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your use of this Website or failure to abide by any applicable law. You also agree to cooperate fully in the defense of any of the foregoing.
11. Jurisdiction. The Content of this Website is presented solely for informational use in the United States. KCdE makes no representation that this Website or its Content is appropriate or available for use in other jurisdictions. This Website is not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation or would subject KCdE or any of its affiliates to any liability.
12. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Kentucky. You agree that any action at law or in equity arising out of or relating to these Terms, this Website or its Content shall be filed only in the state or federal courts located in Kentucky and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, waive any objection to the laying of venue in such courts, and agree not to plead or claim in any Kentucky court that such litigation brought therein has been brought in an inconvenient forum. All disputes relating to this Website or its Content shall be resolved individually, without resort to any form of class action.
13. Severability. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.
14. Entire Agreement. The Terms represent the entire agreement between you and KCdE relating to the subject matter herein and shall not be modified except as provided herein or in a writing signed by both parties. Any rights not expressly granted herein are reserved.
15. No Waiver. KCdE’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of KCdE’s rights, and KCdE reserves its right to take all legal steps available to enforce these Terms.
16. Termination. KCdE reserves the right to terminate the Website and/or these Terms at any time without notice for any reason. The Disclaimer, Limitation of Liability; Release and Indemnity, and Governing Law provisions of these Terms shall survive any such termination.
17. Donations and Other Transactions. KCdE is a non-profit 501(c)(3) charity. All donations, charitable contributions and other transactions conducted through this Website are final and non-refundable. KCdE makes no representations or warranties of any kind as to any item, event or service which may be offered or obtained, whether by auction, raffle, purchase or otherwise, or advertised or depicted by, on or through this Website. Furthermore, KCdE makes no representations or warranties of any kind as to the tax treatment or deductibility of any donation or other transaction. You acknowledge and agree that KCdE may deduct its expenses, including, without limitation, taxes, overhead and administrative costs, from the proceeds of any monies collected through this Website.