PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY.  BY ACCESSING THIS WEBSITE AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THE TERMS SET FORTH BELOW.  IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED PAGES OR MATERIALS.

In the event that you do not comply with these Terms, Trifecta and A Lil’ Bit Extra may, at its sole discretion and without notice, block or restrict your access to this Site and/or pursue legal action against you for any alleged or actual violation of these Terms or governing law.

Terms and Conditions

This agreement (“Agreement”) describes the terms and conditions that apply to and govern your use of TRIFECTAandEXTRA web site and the Services Available Thereon (“Services”).

As used in this Agreement, the terms “TRIFECTAandEXTRA”, “Trifecta and A Lil’ Bit Extra”, “we”, “our” or “us” refer to Trifecta and A Lil’ Bit Extra and its designated affiliates and service providers, and the terms “you” and “your” refer to any person or entity who uses the TRIFECTAandEXTRA site and services.

We operate several online publications and products (the “Products”) including:

·         trifectaandextra.com

·         Published video and audio content through various distribution channels.

 From time to time, certain provisions of the terms will change and be updated accordingly. Each change will become effective, and you will be deemed to have accepted such changes, immediately upon such change being posted. If you do not wish to be bound by these terms, you should not use the Products.

 We are not a gambling or betting services provider however we provide content and articles that may include odds, picks and other things linked to gambling. Trifecta and A Lil’ Bit Extra does not take or place bets.

Intended Users

The TRIFECTAandEXTRA site and Services are directed to persons age 18 and over. The TRIFECTAandEXTRA site and Services 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 TRIFECTAandEXTRA site and 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 TRIFECTAandEXTRA site and Services including, without limitation, the laws of your country of residence and the laws of the country in which the TRIFECTAandEXTRA site and Services will ultimately be received. Each time you access the TRIFECTAandEXTRA site and Services, you represent and warrant to TRIFECTAandEXTRA that such access and/or use is: (i) entirely legal for you and TRIFECTAandEXTRA 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.

Picks and Other Content

 Picks and all other content published on the Products (including results, statistics, sporting data, odds and betting figures) is for your personal use only and the distribution or commercial exploitation of such information is strictly prohibited. No warranty is given as to the uninterrupted provision of such information, its accuracy or as to the results obtained through its use. The information is not intended to amount to advice or recommendations and is provided for information purposes only. It should not be relied upon when placing bets/wagers, which are made at your own risk and discretion.

 Remember, horse racing wagering is purely speculative in nature, and you may win or lose. Past results are absolutely no guarantee of future results. Horse racing wagering is extremely high risk. We are not responsible for any errors or omissions in typical results information. As with any investment, you should always perform due diligence.

Intellectual Property Rights

You are authorized solely to view the TRIFECTAandEXTRA Site for your own personal use. The contents on the Products are protected by international copyright laws and other intellectual property rights. The Products published on RSS and XML Feeds may not be re-broadcasted or re-transmitted in any manner without prior written consent.  Text, images, music, video and other materials resident on this Site may not otherwise be copied, modified, stored, republished, reproduced, reused, uploaded, posted, transmitted or distributed, by any means or in any manner – either in print form or electronically including but not limited to other internet sites, newsgroups, posting boards, etc, or included in any other website or in any public or private electronic retrieval system or service including text, graphics, video, messages, code and/or software without the express written permission of Trifecta and A Lil’ Bit Extra or otherwise permitted herein.

  You acknowledge that you understand that Trifecta and A Lil’ Bit Extra does not authorize access to any part of the Websites or its network servers or databases in any manner contrary to the express provisions of this Agreement.

 Product, service and company names appearing on the site may be trademarks of their respective owners.

 Product Restrictions

 Any commercial use or exploitation of the Products or their content is strictly prohibited.

 We actively monitor traffic to and from the Products. We reserve the right in our sole discretion to block access where evidence indicative of automated or robotic activity is found. We reserve the right to restrict access to all or certain parts of the Products in respect of certain jurisdictions.

Liability

 You accept that the Products are provided to you “as is” with any faults or failings and any representation, warranty, condition or guarantee whatsoever, express or implied (including, without limitation, any implied warranty of accuracy, completeness, uninterrupted provision, quality, merchantability, fitness for a particular purpose or non-infringement) excluded to the fullest extent permitted by law.

Indemnification

You shall fully indemnify, defend and hold harmless Trifecta and A Lil’ Bit Extra, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service or information 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 TRIFECTAandEXTRA site and Services. Trifecta and A Lil’ Bit Extra 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 Trifecta and A Lil’ Bit Extra.

 Under no circumstances (including, without limitation, negligence) are we or any of Trifecta and A Lil’ Bit Extra’s officers, directors, members, shareholders, subsidiaries, or employees liable for any injury, loss, claim, loss of data, income, profit or opportunity, loss or damage to property, general damages or any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind whatsoever arising out of or in connection with your access to, or use of, or inability to use, our Products, any software, any materials or other information on the Products for any goods, materials or services available therefrom (whether based in contract, tort and whether negligent or otherwise), even if we have has been advised of the possibility of such damages or loss or that such loss was foreseeable.

 Trifecta and A Lil’ Bit Extra does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement, or other information displayed or distributed throughout the site or distributed on other platforms. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

 You specifically acknowledge, agree, and accept that we are not liable to you for any of the following:

·         any loss whatsoever arising from the use, abuse, or misuse of your account or any of our products and services

·         any loss incurred in transmitting information by the internet or by e-mail

·         any incorrect bets being placed

·         any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications’ lines failure or distributed denial of service

·         attacks, viruses, or any other adverse technological consequence of your choosing to use our products and services or links to other services.

o   Trifecta and A Lil’ Bit Extra cannot and does not guarantee or warrant that any files available for downloading through this site will be free of infection or viruses, worms, trojan horses, or other harmful code that can manifest contaminating or destructive properties.

·         the accuracy, completeness or currency of any information services provided.

o   You are responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy of data and output. You assume total responsibility and risk for the use of the website and corresponding videos and published materials.

o   The materials and information contained on this site may contain factual or technical inaccuracies and / or typographical errors.

o   Trifecta and A Lil’ Bit Extra is under no obligation at any time to make changes or corrections to any information on the site.

o   This site and the information and materials on the site are provided “as is” and Trifecta and A Lil’ Bit Extra does not make any express or implied warranties, representations, or endorsements whatsoever including, without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for any particular purpose with regard to the site, information, or services provided.

·         Any failure on our part to interact with you where we may have concerns about your activities

 Nothing in these terms shall operate so as to exclude or restrict our liability for death or personal injury caused by our negligence.

 We may alter or amend the content, services or products offered via the Products at any time and for any reason. We reserve the right to make changes or corrections to or to alter, suspend or discontinue any aspect of the Products and the content or services or products available through it, including your access to it.

 If any of these terms is or becomes illegal, invalid or unenforceable, that will not affect the legality, validity or enforceability of any other terms.

 Third Party Websites

Some links on this Site may cause you to leave the website.  If you decide to visit any linked site, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.  Trifecta and A Lil’ Bit Extra does not control the linked sites and is not responsible for their contents. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the site by Trifecta and A Lil’ Bit Extra.  Trifecta and A Lil’ Bit Extra makes no warranty or representation regarding any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Trifecta and A Lil’ Bit Extra is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Trifecta and A Lil’ Bit Extra or any of its affiliates or subsidiaries.

 These terms shall be governed and construed in accordance with the Laws of North Carolina and you irrevocably agree to submit to the exclusive jurisdiction of the Courts.