Terms of Service

Important. Please read this agreement carefully before accessing or using Jubilee Field's ("Company") website, or voice and mobile applications or before participating in any online features, services and/or programs offered by the Company (collectively, the "Service"). Each time you access or use the Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to be bound by all of these Terms, you may not access or use the Service. In addition, certain areas of the Service may be subject to additional terms of use that will be made available for your review in conjunction with accessing such areas. By using such areas or any part thereof, you are expressly indicating that you have read and agree to be bound by the applicable additional terms of use. In the unlikely event that any of the additional terms of use governing such an area are in conflict with these Terms, the additional terms shall control.

User Obligations

You agree to abide by all applicable local, state, national and international laws and regulations pertaining to accessing and using the Service. You also acknowledge and agree that your use of the Internet to access the Service is solely at your own risk.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. The Company's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. The Service and its original content may not be reproduced, transmitted or distributed without the prior written consent of the Company. The Company respects the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via e-mail to [email protected], with the subject line "Copyright Infringement" and include a description of the alleged Infringement as detailed below under "DMCA Notice and Procedure for Copyright Infringement Claims."

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit notification of a claim of copyright infringement, pursuant to the Digital Millennium Copyright Act (DMCA), by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
• a description of the copyrighted work that you claim has been infringed, including an URL for or copy of the copyrighted work;
• identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the information provided in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via e-mail at [email protected].

Disclaimer — Links to Third-Party Web Sites

Some links on the Service will direct you to a third-party website ("Linked Site"). The Company may provide such links as a convenience. You understand and acknowledge that the Company does not control such a Linked Site or its contents. The Company is not responsible for the legality, accuracy or appropriateness of any content, advertising, products, services, or other materials on or available from a Linked Site. You acknowledge and agree that the Company shall not be responsible or liable, either directly or indirectly, for any and all damage or loss caused or allegedly caused by or in connection with the use of any of the links, content, goods or services available via a Linked Site. The Company strongly advises you to read the terms and conditions and privacy policies of any third-party site you access.

Indemnification

You agree to defend, indemnify and hold harmless Jubilee Field and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorneys' fees) resulting from or arising out of a) the use of and access to the Service by you or any person using your account and password; b) a breach of these Terms; or c) Content posted on the Service.

Limitation of Liability

The Company, its affiliates, directors, employees, agents, representatives and assigns shall not be liable to you or anyone else for any loss or injury or any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or any other reason arising out of or in any way related to (1) the use of or inability to use the Service; (2) any content contained on the Service; (3) any statements or conduct posted or made publicly available on the Service and/or within its content; (4) any product or service purchased or obtained through the Service and/or its content; (5) any action or inaction taken in response to or resulting from any and all information available on the Service and/or within its content and any damage caused by loss of access; (6) any other matter arising from or relating to the use of the Service and/or its content; (7) any other matter arising from or relating to the inability to use or access the Service and/or its content.

Under no circumstances shall the total liability of the Company or its affiliates, directors, employees, agents, representatives or assigns, to you for any and all damages, losses or causes of action, exceed the amount paid by you for using the Service or its content.

Disclaimer

The Service and any content, tools, products or services displayed, accessed or obtained on or through the Service are provided "as is" and "as available" and without warranties of any kind, whether express or implied or statutory, including, but not limited to, warranties of title, non-infringement, merchantability, or fitness for a particular purpose. The Company cannot and does not warrant that the Service, the information, content, materials, products or services included thereon or otherwise made available through the Service, the servers, or any e-mails sent from the Company are free of viruses and any other harmful components. The Company shall not be liable for damages of any kind arising from the use of the Service or from any information, content, materials, products or services made available through the Service, including, but not limited to, direct, indirect, incidental, punitive and consequential damages.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Force Majeure

The Company shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Company, including, but not limited to, any failure to perform the obligations hereunder or those found in any additional terms, due to unforeseen circumstances or causes beyond the control of the Company, such as acts of God; fire; flood; earthquake; accidents; strikes; war; terrorism; governmental acts; failure of common carriers (including, but not limited to, Internet service providers and website hosting providers); and shortages of transportation facilities, fuel, energy, labor or materials.

Governing Law and Jurisdiction

By accessing or using the Service, you agree to be bound by these Terms, which shall be governed by, and construed in accordance with, the laws of the state of Kentucky, exclusive of its choice of law rules. For any Disputes deemed not subject to binding, individual arbitration, you and the Company agree to submit to the exclusive jurisdiction of the state of Kentucky, or, if federal court jurisdiction exists, the United States District Court for the state of Kentucky. You and the Company agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party's rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This Section will be interpreted as broadly as applicable law permits.

Entire Agreement

These Terms, as well as the Company's Privacy Policy and any other terms or agreements that may be posted on the Service as amended from time to time ("Website Agreements") contain the entire agreement between you and the Company relating to the Service and your use of the Service and supersede any and all previous agreements, arrangements, undertakings or proposals, whether written or oral, between you and the Company regarding such matters.

To understand our privacy practices, please review our Privacy Policy, which governs your visits to the Service and is herein incorporated by reference into these terms.

Updates

The Company may modify these Terms at any time. If, at any time, you disagree with the changes made to the Terms, you must discontinue your use of the Service and its content and forums, and if you have registered for any services through the Service, cancel your registration for such services. Your continued access or use of the Service following such notice constitutes your acceptance of the modified Terms. It is your responsibility to be aware of any such modifications to the Terms. The Company reserves the right to modify or discontinue the Service with or without notice and will not be held liable to you or any third party should the Company choose to exercise its right to modify or discontinue the Service.

Accessibility

Access to any company's website can be challenging for persons having certain disabilities. A person's disability is often unique. What may work well for one person, may cause difficulties for another person. Our company has made efforts to accommodate as many of our customers and potential customers as is reasonable given our size, resources, and knowledge of our customers, and potential customer's needs.

If you are experiencing difficulties with any content on our website because of a disability, or if you require assistance with any part of our site because of your particular disability, please contact us and let us know. We will be happy to assist. Please contact us at 502-533-9149.

How to Contact Us

If you have any questions or comments about this policy, if you need to report a problem with the Service, or if you would like to exercise one of your rights under this policy, please contact the Company at:

Jubilee Field
527 E Burnett Ave
Louisville, KY 40217
Contact Email: [email protected]

Please include in your correspondence your name, contact information, and the nature of your request so that we can respond appropriately and promptly. Please allow thirty (30) calendar days for a response to any inquiry you submit to the Company.