<center><h2>BRISnet Membership Agreement<br>TERMS AND CONDITIONS</h2></center> Read the Membership Agreement below. By clicking on <b>Accept Terms and Join BRISnet</B> you accept all terms of the agreement, and authorize BRIS to submit all incurred charges to your credit card. If you have any questions please call 1-800-354-9206 or send <a href="mailto:brisinfo@brisnet.com">e-mail</a>. <p> <pre> BRIS RESERVES THE RIGHT TO CHANGE ITS RULES OF OPERATION, ACCESSIBILITY PERIODS, PRICE SCHEDULE, AND CUSTOMER IDENTIFICATION PROCEDURES UPON REASONABLE NOTICE TO CUSTOMER. 1. TERMS OF AGREEMENT. This Agreement shall become effective on the Contract Date set forth above and shall remain in full force until terminated. Either party may terminate this Agreement by giving written notice to the other party. Termination will be effective upon the later of receipt of the notice or the date specified in the notice. 2. CHARGES AND PAYMENTS. From the Contract Date, Customer shall be responsible for all usage incurred by its username. All charges for BRIS service shall be in accordance with the price schedule set forth above or as modified by BRIS upon prior notice to Customer. BRIS shall submit prior month's charges to Customer's credit card the first week of the month and mail a monthly statement to customer. Accounts not paid within thirty (30) days of the date of billing will be subject to a service charge of one and one-half percent (1 1/2%) per month. The charges for information do not include any federal, state, county or local taxes, if any, relating to this Agreement, however designated or levied, and Customer shall bear the expense of any such taxes. 3. SCOPE OF INFORMATION SERVICES PROVIDED. This agreement is made solely for access to the BRIS Club, a feature of the World Wide Web portion of the Internet at addresses http://www.brisnet.com, http://www.bris.com, and/or http://bloodstockwww.com, and the information products provided thereupon. Execution of this agreement provides no right of access to any other products or services provided, operated, or sold by Bloodstock Research Information Services, Inc. 4. NO WARRANTY. (a) BRIS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, AS TO ANY MATTER WHATSOEVER INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OF ANY INFORMATION, PRODUCT, PROGRAM OR SERVICE FURNISHED HEREUNDER OR FREEDOM OF ERROR OF THE INFORMATION, DATA OR PROGRAMS USED OR FURNISHED, AND, AS TO BRIS, CUSTOMER SUBSCRIBES TO AND UTILIZES THE INFORMATION SERVICE AS IS 5. CUSTOMER'S RESPONSIBILITIES AND WARRANTIES. It is expressly understood that no part of any information received from BRIS may be reproduced, resold, published, transmitted, disseminated, distributed or commercially exploited by the Customer in its existing or any altered form or by any means, including, without limitation, electronically or mechanically,without the prior written consent of BRIS. Customer agrees not to use the information to conduct any commercial business without the prior written consent of BRIS or any activity prohibited by law. Customer acknowledges that the assigned username and/or password is for Customer's personal use and Customer agrees not to transfer or assign, or permit any third party to directly or indirectly use, said username and/or password. 6. PROPRIETARY DATA. All systems, programs, data, documentation and any other material utilized or developed by BRIS in connection with this Agreement shall be and remain BRIS sole property. All right, title and interest in and to all systems, programming, data, documentation, operations manuals, components and accessories comprising the system furnishing the information services provided by BRIS shall belong to BRIS at all times. The title to and copyright of all information provided by BRIS shall remain in BRIS or its licensors at all times. BRIS shall have no liability for, and Customer indemnifies BRIS from, any unauthorized use of the information by Customer. 7. MISCELLANEOUS. (a) Customer may not assign this Agreement without the prior written consent of BRIS. (b) No waiver of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or other provisions of this Agreement, and no waiver shall be effective unless made in writing. (c) This Agreement represents the entire agreement between the parties, provided that BRIS reserves the right, in its sole discretion and without prior notice, to modify this Agreement or establish Operating Rules by delivery of a notice to Customer as provided herein or by publishing such modification or such Operating Rules online when the information being purchased hereby is accessed by Customer. (d) Any notice required or permitted herein shall be in writing and delivered by mail, postage prepaid, or by fax or e-mail to the party to receive at the address or fax number on the reverse side hereof. (e) This Agreement shall be construed to be between merchants and, except as limited in subparagraph (a) above, shall be binding upon the parties, their successors, legal representatives and assigns. (f) Subscriber agrees to pay all reasonable attorney fees and costs incurred by BRIS if BRIS prevails in enforcing any provisions of this agreement including, but not limited, to the cost of collecting any sums owed. (g) This Agreement shall be governed by the laws of the Commonwealth of Kentucky and the parties agree that any action arising out of this Agreement shall be brought in state or federal court in Fayette County, Kentucky and the parties consent to venue and jurisdiction of such courts. (BRIS INTERNET CONTRACT v.1.0 04.22.1996) </pre>
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