Terms and Conditions

IN ORDER TO USE THE SERVICES OFFERED ON THIS SITE, YOU ARE REQUIRED TO AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. YOUR CONFIRMATION OF YOUR AGREEMENT TO THESE TERMS AND CONDITIONS IS EVIDENCED BY YOUR CONTINUED USE OF THE SITE OR YOUR OPENING AN ACCOUNT THROUGH THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THEN DO NOT OPEN AN ACCOUNT AND CEASE USING THIS SITE. THESE TERMS AND CONDITIONS DEFINE IMPORTANT LEGAL RIGHTS AND OBLIGATIONS, PLEASE READ THEM CAREFULLY. YOU SHOULD ALSO PRINT OUT A COPY OF THESE TERMS AND CONDITIONS FOR YOUR RECORDS.


1. Definitions
The following words, when capitalized, shall have the following meanings:
  1. "Agreement" shall mean these terms of service.
  2. "Day At The Track" shall mean all their affiliated companies, subsidiaries, agents, directors, and employees.
  3. "Day At The Track Site" shall mean the web site, including all content and services, provided through the domain name www.dayatthetrack.com.
  4. "Site Operator" shall mean Day At The Track and all officers, directors, owners, agents, information providers, affiliates, employees, directors, affiliated companies.
  5. "Site Operators" shall mean Day At The Track along with its affiliates and subsidiaries and all officers, directors, owners, agents, information providers, affiliates, employees, directors, affiliated companies.

2. Opening and Maintaining Your Account and How to Wager
  1. PROVIDING PERSONAL INFORMATION, FUNDING YOUR ACCOUNT. All transactions are processed using highly-secure 128-bit encryption (SSL) to protect the integrity of the data.
  2. AGE REQUIREMENT. You must be at least eighteen (18) years of age (21 in the State of Washington) to register an account and place a bet on or through the Day At The Track Site. You acknowledge and represent, covenant and agree that (i) you are at least eighteen (18) years of age (21 in the State of Washington), (ii) that the birth date information you shall provide in establishing your account is true, accurate, and complete, (iii) the Site Operator has the right to request proof of age information from you and (iv) that you will cooperate with the Site Operator in providing proof of your age. You acknowledge and agree that the Site Operator has the right to suspend your account until the Site Operator is satisfied, in the Site Operator's sole and absolute opinion, with your proof of age information.
  3. RESIDENCY REQUIREMENT. The Site Operator will not take bets or process any financial information from individuals that are identified by the Site Operator as being in a jurisdiction where such transactions are prohibited by law. You acknowledge, represent, covenant and agree that (i) you are familiar with your local and state laws and any other laws or regulations to which you are subject concerning on-line betting and horse wagering, (ii) you are a resident of a jurisdiction where your participation in on-line horse wagering is legal, (iii) that the residence information you shall provide in establishing your account is true, accurate, and complete, (iv) the Site Operator has the right to request proof of residence information from you and (v) that you will cooperate with the Site Operator in providing proof of your residence. You acknowledge and agree that the Site Operator has the right to suspend your account until the Site Operator is satisfied, in the Site Operator's sole and absolute opinion, with your proof of residence information.
  4. CURRENT INFORMATION REQUIREMENTS. You acknowledge and agree that it is your responsibility to maintain the accuracy of your personal information on record for your account, including, but not limited to, your address, telephone number, e-mail address. You acknowledge and agree that you are aware that you can maintain such information by clicking on links and/or buttons on the Day At The Track Site entitled "Member Services". You acknowledge and agree that you will use your best efforts to keep all personal information on record for your account up to date, including, but not limited to, your address, telephone number, e-mail address. You acknowledge and agree that you shall use your best efforts to ensure that your participation on the Day At The Track Site remain legal consistent with the provisions set forth in section 6.1 of this Agreement. You acknowledge and agree that you shall not use any technology that would impair the monitoring of your activities on the Day At The Track pursuant to section 6.2 of this Agreement.
  5. YOUR REPSONSIBILITIES IN PROTECTING YOUR ACCOUNT. When opening your account you will be requested to choose your own username and password. You acknowledge and agree that you shall keep the username and password that you selected confidential and safe from others. You agree that you shall not reveal or post your username or password to any other person, organization, corporation, chat group, web site, news group, any other entity or any other service. You acknowledge and agree that you are responsible for all transactions that are performed using your account. This means that if you do not keep your username and password secret and someone else accesses and uses your account, you are still responsible for such transactions. If you forget your username or password, or if you believe someone else knows your username or password, then contact Customer Service so that new security information can be generated for your account.
  6. MAXIMUM BETS. You acknowledge and agree that you may only bet up to the amount available within your account and that your account will never generate interest for you.
  7. AGREEMENT TO PAY. You acknowledge and agree that you are personally responsible for any and all deposits you make to your account. Day At The Track reserves the right to attempt to collect funds owed to the Company through any bank account or credit card, if applicable, that has been used to fund a deposit in the event that any transaction is returned by the finacial institution for any reason.

3. Risk and Wagering Behavior
  1. RISK. You acknowledge and understand that betting on horse racing is a financially high-risk transaction and that you are highly likely to lose any money wagered on horse racing.
  2. CHEATING. You shall not engage in cheating or any act that alters the odds of winning or losing a bet on the Day At The Track Site. You acknowledge and understand that any act that you engage in or are associated with that the Site Operators reasonably interpret, in the Site Operator's sole and absolute discretion, to be any attempt to cheat, to alter the odds of winning or losing a wager, to gain unauthorized access to the Day At The Track Site or account, to interfere with any procedures or performance of the Day At The Track Site, or to deliberately damage or undermine the Day At The Track Site, is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of any winnings to which you may otherwise be entitled to the maximum extent available at law.
  3. AUTOMATION. You acknowledge and agree that you shall not use any automated technology, including, but not limited to robots, scripts, macros, and/or programs, to engage in to altering the odds of any race or to otherwise engage in any act of fraud on the Day At The Track Site. You acknowledge and understand that any fraudulent attempt to participate in any service offered on the Day At The Track Site by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Day At The Track Site, will result in civil and/or criminal prosecution, termination of your account, and may, applicable laws permitting, lead to a forfeiture of all winnings to which you may otherwise be entitled.
  4. NEGATIVE POOLS. The Site Operator reserves the right to close and refund the balance of any account which solely or consistently generates negative pools - those in which large wagers are placed with minimum required payouts (typically Show wagers) resulting in a liability to the Site Operator for the shortage. Newly opened accounts which generate negative pools and have received a matching deposit bonus may have their matching deposit bonus deducted from the account balance at the discretion of the Site Operator.
  5. CREDIT CARD FRAUD. You acknowledge and agree that any attempt to defraud Day At The Track Site or commit fraud through the Day At The Track Site through the use of credit cards or any other form of payment, regardless of the outcome, or any failure by you to honor charges or requests for payment will result in immediate termination of your account, civil and/or criminal prosecution and may, applicable laws permitting, lead to a forfeiture of all winnings to which you may otherwise be entitled in addition to attorneys fees and other costs. You acknowledge and agree that the Site Operators, their shareholders, directors, officers, employees and agents are not liable for the unauthorized use of your credit card.
  6. PAYING FOR YOUR DAMAGE. You agree to indemnify, hold harmless and defend the Site Operators, their shareholders, directors, officers, employees, affiliates and agents from and against any action, cause, claim, damages, debt, demand or liability, including attorney's fees, asserted by any third-party, governmental body or governmental agency, arising out of or relating to: (a) this Agreement; (b) your use of the Day At The Track Site, including any data or work transmitted or received by you or any service provider; (c) your connection to the Day At The Track Site; (d) Your violation of any terms of this Agreement; (e) your violation of any gaming regulations, edicts or laws to which you are subject; or (f) your violation of any rights of a third party or service provider. You acknowledge and agree that you shall cooperate as fully as reasonably required in the defense of any claim. Each Site Operator reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
  7. PUBLICITY. You hereby authorize and permit the Site Operators to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without additional compensation.
  8. WITHDRAWAL PROCEDURES. In order to complete a withdrawal of funds from your wagering account, you must complete a Withdrawal Request form. Day At The Track may, at it's discretion, require the player to sign a "Financial Verification Withdrawal Form". This form will need to be completed in its entirety and forward to the company via US Mail, Fax or email prior to disbursement of requested withdrawal.
  9. PROPRIETARY NOTICE. Data provided or compiled by Equibase Company LLC generally are accurate but occasionally errors and omissions occur as a result of incorrect data received from others, mistakes in processing and other causes. Day At The Track, Inc. and Equibase Company LLC disclaim responsibility for the consequences, if any, of such errors, but would appreciate having any such errors called to their attention.

4. Other Sites and Other Agreements
  1. OTHER SITES. You acknowledge and understand that the Day At The Track site contains links to other related World Wide Web Internet sites, resources and sponsors of the Day At The Track site. You acknowledge and understand that the selection of an ad banner or link redirects User off of the Day At The Track site to a third party site. You acknowledge and agree that transactions that occur between you and the third party are strictly between you and the third party and are not the responsibility of Day At The Track. You acknowledge and agree that Day At The Track and the Site Operators and affiliates are not responsible for the availability of these outside resources or their contents. You acknowledge and agree that you shall direct any concerns regarding any external link to its site administrator or Webmaster.
  2. PRIVACY. You acknowledge and agree that you have read and understand the privacy policies posted on or available through the Day At The Track Site and that they are agreeable to you.
  3. TERMS. You acknowledge and agree that you have read and understand the legal notices and terms and conditions on or available through the Day At The Track Site and that they are agreeable to you.

5. Odds
  1. UNIQUE FOR EACH RACE AND WAGER. You acknowledge and agree that it is in the nature of pari-mutuel horse race wagering that each race and bet may have unique odds of winning and that it is impossible at the time you agree to this Agreement to identify any odds on a potential wager.

6. Legality and Taxes
  1. LEGAL PARTICIPATION. You acknowledge and agree that you are subject to all laws of the country, state, province, prefecture, city, county and any other political and/or legal entity in which you reside and from which you accesses the Day At The Track Site, and that you are solely responsible for obeying those laws. You agree that neither of the Site Operators, or their officers, directors, employees, agents and affiliated companies cannot and shall not be held liable if you violate the laws applicable to you that restrict or prohibit your participation. You acknowledge and agree that none of the Site Operators, or their officers, directors, employees, agents or their affiliated companies make any representations or warranties, implicit or explicit, as to your legal right to participate in any services offered on the Day At The Track Site nor shall any person affiliated, or claiming affiliation, with the Site Operators have authority to make any such representations or warranties.
  2. MONITORING. The Site Operators reserve the right to monitor the location from which you access the Day At The Track Site and to block access from any jurisdiction, or any jurisdiction in which participation may, in the sole discretion of the Site Operators, be illegal or restricted. The Site Operators may require any participant receiving winnings to provide proof that he or she is eligible to participate.
  3. TAXES. You acknowledge and agree that you are responsible for all taxes associated with your use of the Day At The Track Site, including, but not limited to, all applicable income tax and taxes on gambling winnings.

7. Content and User Submissions
  1. CONTENT USE. You acknowledge and agree that contents of Day At The Track Site are for the personal, noncommercial use of the users of the Day At The Track Site. You understand, acknowledge and agree that all materials published on the Day At The Track Site (including, but not limited to, audio clips, video clips, animations, graphics, digital photographs, illustrations, text and layouts, collectively known as the "Content") are protected internationally by copyright and other intellectual property laws, and are owned or controlled by Day At The Track or the party credited for an individual instance of Content, software or other materials. You acknowledge and agree that you shall not violate the copyrights of Day At The Track or other Content providers to the Day At The Track Site, and that you shall abide by any additional information or restrictions appearing in conjunction with any Content on the Day At The Track Site.
  2. INTELLECTUAL PROPERTY. The Day At The Track Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as set forth in this Agreement, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this section of this Agreement), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Day At The Track Site in whole or in part. Similarily, the Day At The Track name and logos are the registered trademarks of Day At The Track. Reproduction of either the copyrights or Trademarks is strictly prohibited.
  3. DOWNLOAD. You may download or copy the Content and other downloadable items displayed on this Service for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from the Rights and Permissions Department, or the copyright holder identified in the individual Content's proprietary notices including copyright notice.
    1. Notwithstanding the provisions of section 7c above, streaming video and video replay streams may not be saved to your computer for replay, reproduction, duplication, or distribution at a later time. Account usage, which the Site Operators suspect to be consistent with the downloading and saving of video Content, is prohibited and may result in immediate termination of the account and forfeiture of any subscription fees paid by the account holder.
  4. STREAMING VIDEO. You understand, acknowledge and agree that streaming video content is not "real-time" and should not be relied upon for making wagering decisions. You understand, acknowledge and agree there are inherent delays in the delivery of video images and sound from the source track to your browser, including, but not limited to transmission over satellites, encoding, broadcast over Internet networks and decoding on your computer; all steps which cannot be influenced, nor controlled, by Day At The Track or our video providers.

8. Forums and Discussions
  1. UPLOADS, POSTINGS AND COMMUNICATIONS
    1. You acknowledge and agree that you shall not upload to, or distribute or otherwise publish through, the Day At The Track Site any Content that: (1) could violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (2) contains libelous or otherwise unlawful material; (3) constitutes false or misleading indications of origin or statements of fact; (4) contains slander, libel or defames any person or entity; (5) causes injury of any kind to any person or entity; or (6) violates any applicable laws, rules, regulations or other governmental regulations.

      Please use your best judgment and be respectful of other individuals using the bulletin boards. You acknowledge and agree that you shall not use vulgar, abusive or hateful language. Bulletin boards within the Day At The Track Site and services on the Day At The Track Site are provided to give users of the Day At The Track Site an interesting and stimulating forum in which they may express their opinions and share their ideas. You acknowledge and agree that neither Day At The Track nor it's officers, directors, employees, agents and affiliated companies endorse the opinions placed on these bulletin boards. You acknowledge that any submissions you contribute (e.g. Letter to the Editor, Review or Commentary) may be edited, removed, modified, published, transmitted and displayed by Day At The Track or their officers, directors, employees, agents and affiliated companies. In addition, you warrant that all moral rights in any uploaded materials have been waived and are hereby waived.

      You represent, warrant and covenant that no materials of any kind submitted by you or Day At The Track's use thereof in accordance with the terms and conditions of this Agreement, will (1) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; or (2) contain libelous or otherwise unlawful material; (3) constitute false or misleading indications of origin or statements of fact; (4) slander, libel or defame any person or entity; (5) cause injury of any kind to any person or entity; or (6) violate any applicable laws, rules, regulations or other governmental regulations.
  2. IDEA SUBMISSION. The forums shall be used only in a noncommercial manner. User shall not, without the express approval of Day At The Track, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services which are competitive with Day At The Track and the Day At The Track Site. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. You acknowledge and agree that, to the extent you breach your agreement not to submit ideas for stories, features, designs, scripts, merchandise or publication of any type, that you have no expectation of compensation, acknowledgement, credit or attribution. You also acknowledge and agree that if any stories, features, designs, scripts, merchandise or publication of any type appear in any Day At The Track web site, print materials, video materials, broadcast materials or other Day At The Track associated media, that are similar to a submission that you have made, that you hereby and forever disclaim any right in such stories, features, designs, scripts, merchandise or publication of any type.
  3. YOUR MESSAGES. While the Site Operators do not and cannot review every message posted by you and other users in the forums and other communications media on the Day At The Track Site, and the Site Operators are not responsible for any content of these messages, the Site Operators reserve the right to delete, move or edit messages that it, in its sole discretion, deems are in violation of the law (including trademark and copyright law), or this Agreement, or are abusive, defamatory, obscene or otherwise unacceptable. You shall remain solely responsible for the content of your messages.

9. Disclaimer of Warranties
  1. DAY AT THE TRACK NEITHER REPRESENTS NOR ENDORSES THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE DAY AT THE TRACK SITE BY YOU, ANY OTHER USER, INFORMATION PROVIDER OR ANY OTHER PERSON OR ENTITY.
  2. YOUR USE OF THE DAY AT THE TRACK SITE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, CONTENT AND ANY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAY AT THE TRACK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  3. DAY AT THE TRACK AND THE SITE OPERATORS MAKE NO WARRANTY THAT (1) THE SERVICES WILL MEET YOUR REQUIREMENTS, (2) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE BEYOND THOSE REQUIRED BY RELEVANT GAMING AUTHORITIES, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN ANY SOFTWARE WILL BE CORRECTED.
  4. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  5. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAY AT THE TRACK, THE SITE OPERATORS, THE DAY AT THE TRACK SITE OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

10. Limitations on Liability
  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DAY AT THE TRACK, THE SITE OPERATORS AND THEIR DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXPECTANCY, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE ABOVE ENTITIES OR INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE OR ANY PORTION THEREOF; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE DAY AT THE TRACK SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DAY AT THE TRACK SITE; OR (5) ANY OTHER MATTER RELATING TO THE DAY AT THE TRACK SITE.
  2. TO THE EXTENT ALLOWABLE BY ALL APPLICABLE LAWS, NEITHER DAY AT THE TRACK, THE SITE OPERATORS AND THEIR DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES SHALL BE LIABLE FOR PAYING ANY WINNINGS THAT, IN EITHER DAY AT THE TRACK, THE SITE OPERATORS AND THEIR DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES SOLE DISCRETION, ARE REASONABLY DETERMINED TO BE A RESULT OF ANY SYSTEM ERROR OR YOUR CHEATING.

11. Termination
  1. Any one of the Site Operators may, in its sole discretion, terminate or suspend your access to all or part of the Day At The Track Site for any reason, including, without limitation, breach of this Agreement.
  2. You acknowledge that site administrators have the right to terminate your use without notice if they believe, in the site administrators' sole and absolute discretion, that you have engaged in any act that restricts, inhibits or disrupts any Day At The Track event or attempts to alter or improperly access any feature or function of the Day At The Track Site. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any Day At The Track Site user or Day At The Track employee; post content (including the creation of usernames) that is offensive or otherwise disruptive of the activities of the Day At The Track Site; post unsolicited advertising; or improperly impersonate a Day At The Track employee or other individual.

12. Resolving Disputes and Governing Law
  1. GOVERNING LAW. This Agreement is governed by the laws of Nevada without regard to its conflict of laws principles.
  2. DISPUTE RESOLUTION. The availability of providing services through the Day At The Track Site to you is made possible in part by your agreement to the following dispute resolution procedures, that you agree will be the sole dispute resolution procedures for any cause of action you may have or believe you may have against Day At The Track, the Site Operators or their shareholders, directors, officers, employees and agents for claims that are in any way related to or arise from your use of Day At The Track Site, the functionality of The Day At The Track Site, fairness with the wagers present through the Day At The Track Site or any other claim that you believe you may have against Day At The Track, the Site Operators or their shareholders, directors, officers, employees or agents that may be related to your use of the Day At The Track Site:
    1. INITIAL DISPUTE/CLAIM NOTICE - you shall provide the Site Operators with detailed notice that you believe you have a claim against Day At The Track, the Site Operators or their shareholders, directors, officers, employees and agents, such notice shall include the factual and legal basis for any and all claims. The Site Operators in their sole discretion may choose to resolve the issue within ninety (90) days of receiving notice by contacting you to work out an amicable solution.
  3. BINDING ARBITRATION - If no amicable solution to your claim has been made within ninety (90) days of your submitting your detailed notice of claims against Day At The Track, the Site Operators or their shareholders, directors, officers, employees or agents, then any controversy or claim arising out of or relating to this Agreement, any claim of breach of the this Agreement, or claim related to Day At The Track Site shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the City and County of San Francisco.
  4. PARTIAL INVALIDITY - If any term, provision, covenant or condition of this Agreement, or any application thereof, should be held by a court of competent jurisdiction to be invalid, void or unenforceable, all provisions, covenants, and conditions of this Agreement, and all applications thereof, not held invalid, void or unenforceable, shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby, and the provisions, covenants or conditions held to be invalid, void or unenforceable shall be reformed by such court of competent jurisdiction in a manner that is valid, not void and enforceable and in such a fashion to as nearly effectuate the intent of Day At The Track and the Site Operators and you as evident with respect to the provisions, covenants or conditions that were held invalid, void or unenforceable.
  5. FAILURE TO ENFORCE. The failure of Day At The Track, the Site Operators, or their shareholders, directors, officers, employees and agents to enforce, in any one or more instances, any of the terms or conditions of this Agreement shall not be construed as a waiver of the future performance of any such term or condition.
  6. NOTICE. You acknowledge and agree that all notices regarding disputes you have related in anyway to the Day At The Track Site or your use of the Day At The Track Site shall be sent to the following address:

    Day At The Track, Inc.
    448 Ignacio Blvd. #187
    Novato, CA 94949

  7. PROOF OF ASSENT. You acknowledge and agree that you have had the opportunity to review and maintain a copy of this Agreement. You acknowledge and agree that you have had the opportunity to seek legal counsel to offer a professional opinion as to the impact and interpretation of this Agreement, even if you chose not to seek professional legal counsel. You acknowledge and agree that by opening an account that you are assenting to the terms and conditions of this Agreement. You acknowledge and agree that each time you access the Day At The Track Site and each time you place a wager on the Day At The Track Site you are again confirming your assent to be bound to this Agreement.