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Keeneland Association Terms & Conditions: Top Legal Risks and Enforceability Gaps Exposed

Our analysis of Keeneland Association's Terms & Conditions reveals critical legal risks, including liability loopholes and compliance gaps. Discover actionable solutions to strengthen enforceability.

## When We Examined Keeneland’s Terms: Four Legal Risks That Could Cost Millions

Imagine a scenario where a single ambiguous clause leads to a $2 million privacy fine, or a broad liability waiver leaves a business exposed to class action lawsuits. Our analysis of Keeneland Association’s Terms & Conditions uncovers four key legal and logical risks that could result in significant financial and regulatory exposure.

1. Ambiguous Privacy Policy Reference: Compliance at Risk Keeneland’s T&C incorporates its Privacy Policy by reference but fails to specify data subject rights or compliance with GDPR/CCPA. This ambiguity could trigger regulatory scrutiny, with potential fines up to €20 million (GDPR) or $7,500 per violation (CCPA).

Legal Analysis
high Risk
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Our Privacy Policy makes important disclosures aboutdetails how we collect and, use, and protect your personal information in accordance with applicable privacy laws, including the GDPR and contentCCPA. We encourage you to readYou have the Privacy Policy carefullyright to access, rectify, or delete your personal data, and use it to make informed decisionsobject to certain processing activities as provided by law. Our Privacy Policy is available here.

Legal Explanation

The original clause is vague and does not specify compliance with major privacy regulations or user rights, increasing the risk of regulatory fines and litigation. The revision clarifies compliance obligations and user rights, strengthening enforceability and reducing risk.

2. Overbroad Content License: User IP Rights Undermined The user content license granted to Keeneland is perpetual, irrevocable, and sub-licensable without clear limitations. Such overbroad language risks invalidation under copyright law and exposes the company to IP litigation, with damages often exceeding $150,000 per infringement.

Legal Analysis
high Risk
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By creating, uploading, posting, sending, receiving, storing, or otherwise making available anysubmitting user content on or through the Service, you grant to Keeneland a non-exclusive, worldwide, royalty-free license to use, irrevocabledisplay, perpetual (orand distribute your content solely for the termpurposes of operating and promoting the protection)Service, sub-licensable and transferablefor as long as your content is available on the Service. This license to such userterminates upon removal of your content, except to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such user content to provide and/or promote the Service, in any mediaextent required for compliance with legal obligations or platformdispute resolution.

Legal Explanation

The original clause is overly broad and perpetual, risking invalidation under copyright law and user challenges. The revision limits the scope, duration, and purpose of the license, aligning with best practices and reducing IP litigation risk.

3. Unilateral Amendments Without Notice: Enforceability Issues Keeneland reserves the right to amend the Terms at any time, with only optional notice to users. Courts have routinely invalidated such clauses, leading to unenforceable contracts and potential class action exposure, with litigation costs easily surpassing $500,000.

Legal Analysis
medium Risk
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Keeneland reserves the right tomay amend, modify or update these Terms by providing at any time in accordance with this provision. If we make changesleast 30 days’ advance notice to these Terms, we will post the revised Termsusers via email and prominent notice on the Service and update. Continued use after the “Last Updated”effective date at the top of these Termsconstitutes acceptance. We may also choose to provideIf you with notice of the modification by emaildo not agree, you may terminate your account before the date the revised Terms become effectivechanges take effect.

Legal Explanation

The original clause allows unilateral amendments without mandatory notice, which courts often find unenforceable. The revision requires advance notice and an opt-out, improving enforceability and reducing litigation risk.

4. Limitation of Liability: Potentially Unconscionable and Unenforceable The limitation of liability clause attempts to exclude all damages, including for gross negligence or willful misconduct, and caps liability at $100. Such sweeping exclusions are routinely struck down by courts, exposing Keeneland to uncapped liability and multi-million dollar verdicts.

Legal Analysis
critical Risk
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IN NO EVENT SHALL KEENELANDExcept as prohibited by law, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEESKeeneland’s liability for damages arising from use of the Service shall not exclude liability for gross negligence, DIRECTORSwillful misconduct, OFFICERS, OWNERS OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES) RESULTING FROM USE OF THE SERVICEor violations of statutory rights... THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF ANY PART OF THIS LIMITATION OF LIABILITY IS INVALID In such cases, ILLEGAL OR UNENFORCEABLE, THEN THE AGGREGATE LIABILITY OF KEENELAND AND OUR AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, OWNERS AND AGENTS UNDER SUCH CIRCUMSTANCES TO YOU OR TO ANYONE ELSE WILL NOT EXCEED ONE HUNDRED DOLLARSliability shall be limited to the greater of $100 or the total amount paid by you to Keeneland in the twelve months preceding the claim.

Legal Explanation

The original clause attempts to exclude all liability, including for gross negligence and statutory violations, which courts routinely strike down. The revision carves out non-waivable liabilities and ties the cap to actual user payments, improving enforceability.

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Conclusion: Proactive Legal Protection is Essential Our review reveals that Keeneland’s current Terms & Conditions contain critical gaps that could expose the company to regulatory fines, costly litigation, and reputational harm. Proactive redlining and legal review can prevent these risks and ensure enforceability.

  • Are your contracts exposing your business to hidden legal liabilities?
  • How often do you review your T&Cs for compliance with evolving regulations?
  • What would a single unenforceable clause cost your organization?

This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.