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USER AGREEMENT AND TERMS OF USE

UPDATED ON JANUARY 10, 2010.


PLEASE SCROLL DOWN AND READ THE USER AGREEMENT AND TERMS OF USE BELOW.

This User Agreement and Terms of Use govern your use of eMatings.com, and unless other terms and conditions expressly govern, any other electronic services from eMatings.com that may be made available from time to time (each, a "Service").

You agree to be bound by the terms of this Agreement by using a Service (Purchasing a mating report, Subscribing a stallion to, Advertising with, use of weblog content) on eMatings.com.

1.     Changes to Subscriber Agreement. We may change the terms of this Agreement at any time (including without limitation, by posting a notice on the Home Page that the terms have been "updated"). The changes also will appear in this document, which you can access at any time by going to "Terms of Use." You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.

2.      Privacy and Your Account. Registration data and other information about you are subject to our Privacy Policy. Your information may be stored and processed in the United States or any other country where eMatings.com has facilities, and by subscribing to a Service, you consent to the transfer of information outside of your country. If your access to a Service has been provided by or through a third party (for example, your client, a breeding farm, etc., each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other users (such as your email address or name). If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information about your account and make changes through the website for the Service. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.

3.      Fees and Payments. You agree to pay the applicable fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. We will bill all charges automatically to your credit card. Stallion Subscription and Advertising fees must be paid at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must notify us immediately. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

4.      Renewal. Your Stallion Subscription will renew automatically, unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. For annual subscriptions, we will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

5.      Limitations on Use.

     a.     Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.

     b.     The text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the "Content") available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws.

             (i)      You may occasionally distribute a copy of a report or weblog article, or a portion of an article, from a Service in any form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase "Used with permission from eMatings.com."Please consult eMatings.com if you need to distribute a report or article from a Service to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement.

             (ii)     You may occasionally e-mail a report or article from a Service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service.

             (iii)     While you may download, store and create an archive of reports and articles from the Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. The foregoing does not apply to any sharing functionality we provide through the Service that expressly allows you to share articles or links to reports or articles with others. In addition, you may not use such an archive to develop or operate an automated trading system or for data or text mining.

     c.     You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another web site or service (other than headlines from our RSS Feed with active links back to the full article on the Service). You agree not to post any content from the Services (other than headlines from our RSS Feed with active links back to the full article on the Service) to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.

     d.     You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.

6. Community; User Generated Content.

     a.     User Name. We require you to register to have access to various features on the site. We require that you use your own first and last name as your user name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please contact us immediately. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.

     b.     User and Expert Generated Content.

           i.       User Content. We offer you the opportunity to comment on and engage in discussions regarding reports and weblog articles, and various topics, on weblogs listed on eMatings. Any content, information, graphics, audio, images, and links you submit as part of creating your account or in connection with any of the foregoing activities is referred to as "User Content" in this Agreement and is subject to various terms and conditions as set forth below.

           ii.       Cautions Regarding Expert Content. You understand and agree that Expert Content includes information, views, opinions, and recommendations of individuals (“Experts”) designed to help you gather the information you need to help you make your own matings decisions. Importantly, you are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. We do not endorse any recommendation or opinion made by any Expert. We do not routinely screen, edit, or review Expert Advice. However, we reserve the right to monitor or remove any Expert Content from the Services at any time without notice. Expert Content may be misleading, or in error.

 7. Third Party Web Sites, Services and Software. We may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.

8. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EMATINGS.COM (AND ITS EXPERTS) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE EMATINGS.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EMATINGS.COM PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

9. General. This Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California, United States of America applicable to contracts made entirely within California and wholly performed in California, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

10. Additional Terms and Notices.

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