TERMS OF USE
BEFORE USING THE SITE, PLEASE CAREFULLY REVIEW THESE TERMS OF USE AND IMPORTANT INFORMATION. DO NOT USE THE SITE IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. YOUR USAGE OF THIS SITE CONSTITUTES YOUR IRREVOCABLE ACCEPTANCE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.
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Pick 6 Sports, LLC (“Company”, “we”, “us” or “our”), operates as an online sports consulting firm providing information and advice regarding sports betting through its website, www.pick6sportspicks.com (the “Platform”), as well as any mobile, desktop, or device version or application.
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These Terms of Use (the “Terms” or “Agreement”) govern the relationship between the Company and you, a user of the Platform (“User”, “you” or “your”). This Agreement applies when you access or use the Platform. If you do not agree to the Terms contained herein, you may not access, visit, or use any portion of the Platform.
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Pick 6 Sports is not liable for any decisions made, financial or otherwise, based on the information provided on the Platform. The Company does not guarantee winnings and cannot be held responsible for losses resulting from the use of information obtained from the Platform. The Company does not offer bookmaking services or gambling capabilities on the Platform. If you encounter gambling problems, please seek gambling help authorities in your local area.
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A. License
The Platform is provided by us as a service to you. In order to access and use the Platform, you are granted a limited, non-exclusive, revocable and non-transferable license to use the Site conditioned on your continued compliance with this Agreement. This license includes the right to view and engage with content available on the Website, subject to creating a User Account and paying for any required Subscriptions, as further explained below. You may not modify, copy, distribute, broadcast, transmit, display, reproduce, publish, license, transfer, sell or otherwise use, in any medium, any information, products services or material obtained from or through the Platform, except you may, for your sole personal use and information, access, use and store the content or any portion thereof solely for your own personal, and not commercial, purposes. This license will remain in effect unless and until you violate these Terms, or it is otherwise terminated by you or Company as provided for in these Terms.
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B. User Account and Subscriptions
You will be required to create an account with us (“User Account”) in order to access and use the Platform. To create a User Account, you must be at least 18 years of age and will be required to provide us with information about yourself, such as your name and email address. Your access to the Platform will be limited unless you pay for a Subscription (as defined below).
By creating a User Account, you agree that you shall provide true, accurate, current and complete information about yourself as requested during the registration process and maintain and promptly update such information to ensure that it is true, accurate, current and complete. If your information changes at any time, you are responsible for updating your User Account to reflect those changes. We may, at any time and in our sole discretion, require you to update your User Account or provide additional information. If you fail to respond to such request or otherwise provide any information that is untrue, inaccurate, not current or incomplete, Company may, at its sole discretion, suspend or terminate your User Account and refuse any and all current or future use of the Platform or any portion thereof.
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In order to receive access to various types of content on the Platform, Users must purchase a Subscription for their User Account (“Subscription”). Subscriptions are available on the terms presented to and selected by you through the Platform at the time of paying for such Subscription, including the time period (i.e., daily, weekly, monthly, etc.), the price, and the content that will be made available. You understand that multiple Subscription options may be available and agree that by paying for a particular Subscription, you agree to the terms presented for such option. Features and prices are subject to change by Company in its sole discretion.
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C. Payments and Refunds
You hereby acknowledge that any payment made through our Platform utilizes the payment processing services of third parties, including Stripe and PayPal, and by making any purchase through the Platform, you further agree to such parties terms, policies, and securities practices, which can be found at: https://stripe.com/privacy and https://www.paypal.com/va/webapps/mpp/ua/legalhub-full, respectively.
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From time to time, Company may offer certain promotions and discounts for Subscriptions or other Offers made on the Platform. To qualify for such promotional discounts, you may have to meet specifically outlined criteria. By participating in a promotion or discount, you agree to any such applicable rules and restrictions. If you have any questions regarding promotional offers, please contact us at contact@pick6sportspicks.com.
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Company does not offer any refunds for any purchases made through Platform, including, but not limited to, payments for Subscriptions. Since services are non tangible, irrevocable, digital goods; we do not issue refunds, which you acknowledge by using the Platform. During checkout, upon clicking the Sign Up Now button, your purchase is charged to the credit/debit card that you supplied, and all sales are final. You cannot cancel the purchase of a subscription or receive a refund for a purchase of a subscription. If you have any questions regarding our no refund policy, please email us at contact@pick6sportspicks.com.
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D. Electronic Communication
If you provide us or one of our third-party service providers with your email address, we may send you electronic communication containing requests for information, updates, new promotions, discounts, and other communications in writing (“Communications”) regarding the Platform. Providing your e-mail address confirms your ability and consent to receive Communications electronically, rather than in paper form. To withdraw your consent to receive electronic Communications, please write us by e-mail at contact@pick6sportspicks.com with the subject line: “Unsubscribe from Electronic Communications.” In addition, you may be able to unsubscribe from Communications through your User Account or through an unsubscribe link included in an e-mail from us.
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E. Privacy Policy
In connection with your use of the Platform, you expressly agree to our Privacy Policy which can be accessed through a separate link on the Platform. Please read the Privacy Policy carefully in order to learn more about how we use information we collect from you when you use the Platform. The Privacy Policy is part of and is governed by these Terms and by agreeing to the Terms, you agree to be bound by the terms of the Privacy Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy.
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F. Code of Conduct
We prohibit certain activities in connection with the Platform; these prohibited activities include, without limitation, the following:
Using any information obtained from the Platform, or the Platform itself, in order to contact, advertise to, solicit or sell any products or services to any other User or person without Company’s prior written consent.
Providing any third-party access to or copies of the content and/or information provided on the Platform without Company’s prior written consent.
Selling any content and/or information provided on the Platform to a third-party without Company’s prior written consent.
Interfering with, disrupting or creating an undue burden on the Platform or the networks or services connected to the Platform.
Attempting to impersonate another User or person.
Using any information obtained from the Platform in order to harass, abuse or harm another person.
Using the Platform in a manner inconsistent with any and all applicable laws and regulations.
Restricting or inhibiting any other visitor from using the Platform, including without limitation, by means of “hacking” or defacing any portion of the Platform.
Modifying, adapting, sub-licensing, translating, selling, reverse engineering, decompiling, or disassembling any portion of the Platform.
Removing any copyright, trademark or other proprietary rights notices contained in the Platform.
Distributing any virus, worm or other similar or deleterious files, scripts or programming routines through the Platform.
Using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine” the Platform or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents, authentications and security measures.
Attempting to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Platform; Modifying, translating, or creating derivative works based on the Platform.
G. Intellectual Property Rights
The Platform and its Content, including any copyrightable materials, such as information, graphics, designs, logos, text, audio clips, trade names and symbols, inventions and ideas, and other data and materials are the property of Company or its licensors and constitute copyrights, trademarks, patents, and other intellectual property rights of Company or its licensors under U.S. and foreign laws and international conventions. You are prohibited from using any trademark displayed through the Platform for any purpose including, but not limited to, use as meta tags on other pages or websites on the World Wide Web, without the written permission of Company or such third party which may own the trademark.
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You agree not to engage in the use, copying or distribution of the Platform, including any of the Content, or any other information or data generated or produced using the Platform for any commercial purpose. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform. You do not acquire any ownership rights to the Platform, Content, or to any other information contained on or services offered through the Platform. All rights not expressly granted in these Terms are reserved by Company and its respective licensors, affiliates, and contractors.
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H. Third Parties
While these Terms are between you and Company, the Platform may enable access to or incorporate functionality and/or services of third-party sites. Company does not control these sites and does not endorse or approve them. We make no warranties or representations regarding the accuracy, completeness, or timeliness of any third-party content available through the Platform. Any interactions with third parties via the Platform may be subject to the terms of use, privacy policies, or other agreements of those third parties. Company assumes no liability for your breach of such third-party terms or policies.
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I. Disclaimer of Warranties
While we strive to ensure the accuracy and usefulness of the Platform and its Content, we do not warrant that they are error-free, accurate, complete, reliable, or current.
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THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
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COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE UNINTERRUPTED OR ERROR-FREE OPERATION OF THE PLATFORM, THE CORRECTION OF DEFECTS, OR THE ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME SOLE RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF MATERIAL OR DATA FROM THE PLATFORM.
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Some jurisdictions do not permit the exclusion of implied warranties or the limitation of certain damages. Accordingly, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
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J. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF USE, REVENUE, PROFIT, OR VALUE, OR FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL COMPANY'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE GREATER OF THE TOTAL AMOUNTS PAID BY YOU TO COMPANY OR ONE HUNDRED DOLLARS ($100.00).
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Certain jurisdictions may not permit such limitations of liability, thus this limitation may not apply to you.
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K. Indemnification
You agree to indemnify, defend, and hold harmless Company and its subsidiaries, affiliates, partners, officers, directors, employees, agents, and representatives from and against any claims, damages, losses, costs (including reasonable attorneys' fees), and expenses arising directly or indirectly from your use of the Platform, including any User Content you submit, your breach of this Agreement, or any claim that materials you submit infringe or violate third-party rights.
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L. Amendments
Company reserves the right to amend these Terms at its sole discretion. Your continued use of the Platform following any such amendments constitutes your acceptance of the modified Terms. If you disagree with any amendments, you must notify us accordingly, and further use of the Platform will be terminated. We shall not be liable for any consequences arising from such termination.
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M. Term and Non-Compliance With Agreement
This Agreement remains effective until terminated by either party. You may terminate this Agreement by notifying us via email or ceasing to use the Platform. However, termination does not entitle you to a refund for any unused portion of a Subscription. We reserve the right to terminate this agreement and deny you access to the Platform if you breach any term herein, and you remain liable for any obligations incurred before termination.
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N. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida. You consent to exclusive jurisdiction and venue in Florida courts for any disputes arising under these Terms.
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O. Non-Waiver
The failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
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P. Force Majeure
Company shall not be liable for any failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, government actions, natural disasters, terrorism, labor disputes, power outages, or internet disruptions.
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Q. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
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R. Assignment
These Terms are not assignable by you without our prior written consent. We may assign these Terms without your consent.
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S. Entire Agreement
These Terms constitute the entire agreement between you and Company regarding the Platform, superseding any prior agreements or understandings.
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T. Contact Us
If you have questions about these Terms or the Platform, please contact us at contact@pick6sportspicks.com.
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Last Updated: 02/02/2024