This website is provided for the use of The Downey Profile account holders and readers, and is owned, published and maintained by Dick Downey dba The Downey Profile (hereinafter "Owner").
WE HAVE NOT, DO NOT AND WILL NOT SELL OR OTHERWISE TRANSFER SUBSCRIBER LISTS TO ANY THIRD PARTY.
WE DO NOT SEE SUBSCRIBERS' CREDIT CARD NUMBERS.
WE NEVER REQUEST YOUR SOCIAL SECURITY NUMBER.
This website is seasonal, covering the run-up to the Kentucky Derby, the Triple Crown, and Breeders' Cup.
Your privacy is important to us. To better protect your privacy, this notice has been posted to explain our online information practices and the way your information is collected and used at this site.
Information Collection and Use
On The Downey Profile, you may vote in surveys, submit demographic information, subscribe to services, and/or express opinions. The types of personally identifiable information that may be collected via one or more of these vehicles include name, address, e-mail address, telephone number, fax number, and credit card information.
The Downey Profile may also collect certain non-personally identifiable information when you visit many of our web pages such as the type of operating system you are using (e.g. Windows98, Macintosh OS), the type of browser you are using (e.g. Internet Explorer, Netscape, Firefox), and the domain name of your Internet service provider (e.g. America Online, MSN).
Owner is the sole owner of the information collected on this site. We will not sell, share, or rent this information to other parties in any way.
Collection of Information by Third-Party Sites and Sponsors
This site may contain links to other sites whose information practices may be different than ours. Visitors should consult the privacy notices of these other sites as we have no control over information that is submitted to, or collected by, these third parties.
This site may contain advertising, forms and other data collection methods that directly generate information for sponsors. Data collected by other parties will be identified by the sponsors' name and/or logo. This site has no control over the third-party sponsors' use of this information.
Many of our web pages use "cookies." Cookies are text files we place in your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information unless you choose to provide this information to us by, for example, becoming a paid Subscriber. However, once you choose to furnish the site with personally identifiable information, this information may be linked to the data stored in the cookie.
We are permitted to share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
We use a credit card authorization company and a credit card processing company to authorize purchases and charge and bill users for Subscriptions. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.
Other Uses of Information
Information collected on our website may be used for other purposes such as direct mail and email efforts.
This site takes every precaution to protect our users' information. When users submit sensitive information via the website, your information is protected both online and off-line. We do not have access to your credit card information. The credit card processing companies do have such access, the same or similar to all credit card transactions, whether entered online, by telephone, or in a physical place of business such as a restaurant.
When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected.
We also do everything in our power to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted.
If you have any questions about the security at our website, you can send us an an email by clicking the Contact Us link on the left sidebar of the web site.
Correcting and Updating Personal Information
If a user's personally identifiable information changes (such as your email address or zip code), or if a user no longer desires our service, send us an an email by clicking the Contact Us link on the sidebar of the web site.
Notification of Changes to This Policy
TERMS OF SERVICE
This website is seasonal, covering the run-up to the Triple Crown, the Triple Crown and other events.
This website is provided for the use of Owner's account holders and readers, and is owned, published and maintained by Owner. Use of this website is subject to the following terms and conditions of use and all applicable laws. By accessing and browsing the web site, you accept, without limitation or qualification, these terms and conditions and acknowledge that any other agreements between you and Owner regarding the subject matter hereof are superseded and of no force or effect.
All sales of the intellectual product of Owner, including but not limited to Dick's Pick and other Picks, as the terms are variously used herein, are final and no refunds shall be granted. There is no guarantee that The Downey Profile will correctly predict race winners. By accepting these terms, which include but are not limited to the the terms of sale of the intellectual product of the The Downey Profile, Dick's Pick and other picks as the terms are variously used herein, you acknowledge that any wagers you make on races are at your own and sole risk, and that you will hold Owner harmless for any and all wagering losses.
Use of documents from this website is for informational and non-commercial or personal use only and may not be copied or posted on any network computer or broadcast in any media unless linked to this website with permission of Owner, and modifications of any documents may not be made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. No logo, graphic, sound or image from the The Downey Profile website may be copied or retransmitted unless expressly permitted by Owner. Images of people or places displayed on the The Downey Profile website, or in related materials such as advertising or other printed materials, are either property of, or used with permission by Owner. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms, specific permission is provided elsewhere on the website, or specific permission is granted by Owner. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
While we have these things as goals and constantly strive to meet them, Owner make no representations about the completeness, accuracy, timeliness, continuity, appropriateness, and suitability for any purpose, of any information contained in the documents and related graphics published on this website. All such documents and related graphics are provided "as is" without warranty of any kind. In no event shall Owner be liable for any special, incidental, punitive, direct, indirect, or consequential damages or any damages whatsoever resulting from the use, or loss of use, of the service, the cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the service, unauthorized access to or alteration of transmissions or data, statements or conduct of any third party on this service, or profits, whether in an action of contract, negligence or other legal action in tort, contract or otherwise, arising out of or in connection with the use of the The Downey Profile website, provision of or failure to provide services, or information available from this website.
The information published on this website may include inaccuracies or typographical errors, and may be provided by third parties. While the information contained herein is believed to be accurate, Owner will not be responsible for any errors or omissions. While it is always Owner's goal to keep this web site current, The Downey Profile makes no commitment to update any of the information contained on the web site. Any data, questions, comments, or suggestions for features or services you transmit or post may be used by Owner without any compensation to you, for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast, and product enhancement. The Downey Profile website may provide links, which will let you leave the The Downey Profile website. These linked sites are not under the control of Owner, and Owner is not responsible for the contents of, or any changes or updates to such websites. TheDowneyProfile.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of such sites by Owner.
Owner shall not be liable to you for failure to provide services in the event any equipment, service or transmission cannot be provided by Owner or its contractors, representatives or agents due to an act of God, fire, epidemic, casualty, act or decision of a governmental authority, injunction, technical difficulties, failure of communications or electrical or telephone or cable transmission lines or facilities, or any similar or dissimilar cause beyond the control of Owner, its contractors, representatives or agents.
Should any of the provisions of this agreement be held by a court, or a tribunal of competent jurisdiction, to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect. Applicable law may not allow the limitation or exclusion of liability of certain types of damages, so the above limitations or exclusions may not apply to you. In such a case, in no event shall Owner's total liability to you for all damages, losses and causes of action whether in contract, tort (including its own negligence) or under any other legal theory (including strict liability) exceed the amount paid by you, if any, for accessing this web site.