Terms of Use

Terms and Conditions of Use
By visiting this Track Diva Website (hereinafter referred to as Website) you (aka “user”) are accepting and agreeing to be bound by these Website terms of service and conditions of use and our privacy policy. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Use of the Site
Track Diva owns or licenses this website, all its elements, and all rights (including without limitation to copyright, trademark, trade secret, patent and other proprietary rights). “Track Diva” also known as “Racetrack Diva” (hereinafter referred to as Track Diva) and all marks and logos appearing on the Website are registered and/or owned by Track Diva.
Permission is granted upon purchase to download and copy material (information) for personal viewing only. You will need written permission to copy, distribute, publicly display, publish, change, transmit, sell, reproduce, license, create derivative works from, post, or in any way exploit any of the content on the Website, in whole or in part.

Warranties/Limitations
You warrant, represent and covenant that:
*You will use the Website only as authorized in these terms.
*You will not violate any laws or take any action related to the site that would create liability for Track Diva.
*In no event shall Track Diva be liable for any damages arising out of the use or inability to use the materials on Track Diva’s Website or via email.
*You indemnify and hold harmless Track Diva directors, officers, employees, agents, licensors, agents, affiliates, and owners (each, an “Indemnified Party”) from and against any and all claims, proceedings, damages, liabilities, losses, costs, and expenses (including reasonable attorney’s fees) arising out of any claim of any third party resulting from any breach on your part of the terms set forth in this agreement. You will reimburse each indemnified party on demand for any costs, expenses, and liabilities incurred to which this indemnity relates.

Disclaimer
EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION, THE WEBSITE AND ALL ITS CONTENT IS PROVIDED “AS IS” AND TRACK DIVA DISCLAIMS, AND USER WAIVES, ANY WARRANTIES EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDIDTION, GUARANTY, OR REPRESENTATION RELATED TO THE WEBSITE. THE FUNCTIONS, MATERIALS, AND CONTENT OF THE WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. USER ASSUMES THE ENTIRE RISK AND COST OF REPAIRS OR CORRECTIONS TO USER’S HARDWARE OR SOFTWARE DUE TO USE OF THE WEBSITE.WITHOUT LIMITING THE FOREGOING, TRACK DIVA (WITHOUT INVESTIGATION OR OTHER INJURY) HAS NO KNOWLEDGE THAT THE CONTENT OF THE WEBSITE INFINGES ANY THIRD PARTY COPYRIGHTS.THIS DISCLAIMER OF WARRANTY MAY NOT APPLY TO ALL USERS.

Liability
Track Diva does its best to ensure that information and services provided on this Website are accurate. Track Diva is not responsible for, and shall have no liability with respect to, the content and services provided by third party websites that advertise or that are linked to or from the site. Use of other sites is entirely at users own risk.All information and materials on Website and sent via email are provided “as is.” Your satisfaction is important to us. Your use of the Website is entirely at your own risk. Track Diva, its directors, officers, employees, agents, licensors, affiliates, and owners are not liable to you or any third party for any losses incurred in connection with using this site. This includes direct or indirect, incidental, consequential, special exemplary or punitive damages or losses. Also including without limitation any loss of profits, loss of revenues, business interruption or other pecuniary loss, even if Track Diva has been advised of the possibility of such damages or loss.
Your only remedy for any breach of this agreement by Track Diva is a refund of any money paid to use the site or information provided via email. Some states don’t allow the exclusion or limitation of liability to the extent outlined above, so this provision may not apply to every user as written.
This agreement shall be governed by the laws of the State of California. Any dispute must be brought in the courts having jurisdiction in Los Angeles, California.If any court holds a term of this agreement to be invalid, it shall be construed in such a way to give it the maximum allowable effect and validity, and all remaining terms of this agreement shall be given full force and effect. Failure to enforce a term of this agreement shall not be deemed a subsequent waiver of that term or other terms.

Disclaimer
Track Diva does not warrant or make any representations concerning the accuracy, likely results or reliability of the information and materials on this Website or any site linked to this Website. Track Diva has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. Use of any linked website is at the user’s own risk. The information and materials appearing and provided by Track Diva is provided “as is” and could include technical, typographical or photographic errors. Track Diva does not warrant that any of the materials on its Website or emailed to you are accurate, complete, or current.
Track Diva reserves the right to make changes to the policies and materials contained on its Website at any time without notice. Track Diva does not make any commitment to update the materials. Track Diva reserves the right to refuse service to anyone.Track Diva promotes responsible gambling. If you feel you have a gambling problem seek out assistance. You must be at least 21-years-old to purchase selections from Track Diva and you are responsible for complying with all relevant laws in your region regarding gambling. The selections provided by Track Diva are designed for entertainment purposes only. Please remember that there is always some risk involved when placing wagers on horses.

Privacy

Credit card purchases are processed through PayPal. PayPal automatically encrypts your confidential information in transit from your computer to theirs using SSL protocol. For more information on PayPal transactions visit their website. You should be aware that Track Diva takes no responsibility for the practices of third party advertisers, sponsors, designers, merchants, or other entities providing content, links, or information on the site. You should check with each of such third parties for information about their privacy policies before providing them with your personal information.
Track Diva receives information from you when you send us an email, purchase selections or make a purchase in our boutique. Track Diva will keep email addresses and update users on activities and additions to the site. Track Diva will not knowingly collect information from anyone under 13 years of age, or under 18 years of age for boutique purchases, or under 21 years of age of age for selections purchases.

Purchases

You will have to provide us with credit card information in order to make a purchase from our website. We use PayPal to process all your purchases. PayPal has its own policies about privacy and use. You are advised to read these policies carefully before making a purchase. Track Diva shall not be liable for any breaches or violations of your privacy rights by PayPal. Purchases from our boutique are sent to the designer or merchant for processing. Many items are hand made upon receipt of the order. Track Diva will send your purchase request to the designer or merchant within 24 hours of receipt of purchase from PayPal. Your order should be shipped with 14 days of receipt by designer or merchant. Return policies are stipulated by each designer or merchant.By using this site you are agreeing to be bound by the current version of these Terms and Conditions of Use of this Website.