TERMS AND CONDITIONS

Please read carefully. If you disagree with any of the terms of use below, do not use this site.

This web site is operated by Picks and Plays Incorporated ("Picks and Plays"). Your access to and use of the web site is subject to the following terms and conditions of use and all applicable State and Federal laws. By accessing and browsing this web site, you accept, without limitation or qualification, these Terms and Conditions and acknowledge that any other agreements between you and Picks and Plays regarding the subject matter hereof are superseded and of no force or effect. Please note that section headings are for your convenience only and have no legal effect.

 
SERVICE

Picks and Plays' information service consists of limited and unlimited access to the Picks and Plays Thoroughbred handicapping reports for North America. Picks and Plays reserves the right to change the Service or any specific feature of the Service at any time, without notice.

 
MEMBERSHIP REQUIREMENTS

Upon acceptance and completion of the membership process, you become a Picks and Plays Member. By becoming a Member ("Member"), you certify, agree and accept the following:

a. You have read and agree to use the Membership in accordance with the Terms and Conditions set forth and acknowledge any and all other agreements between you and Picks and Plays, including Picks and Plays' Privacy Policy.

b. You understand and agree that the Picks and Plays Handicapping Reports ("the Reports") are copyrighted and proprietary works and that they are intended for your private use only. Any reproduction or distribution of the Reports or the information contained therein is strictly forbidden.

c. You understand and agree that the Reports and the information contained therein are provided for your entertainment, and that Picks and Plays has no liability to you for any other use.

d. While extreme efforts are taken to insure the timeliness and accuracy of the Reports, it is your responsibility to verify the information before any use you may make of the report such as consulting an official Track Program for program numbers, morning line odds, etc.

e. Upon purchase of a subscription, you will provide Picks and Plays with accurate and complete billing and primary residential information including your name, residential address, telephone number and email address.

f. You agree to pay all charges posted to your account for the Services provided under this Agreement. Procedures for cancellation of this Agreement are provided below.

CHARGES, BILLING AND FREE TRIAL

Membership in Picks and Plays is free. Each day we provide a free Report, from our selection of Reports for that day, exclusively for our Members.

Other Reports may be purchased by our Members. Subscription pricing information is posted on our website on the Membership page. All Subscription Plans are billed at the time of purchase using secured encryption methodology to protect our Members personal information.

If you believe that Picks and Plays has billed you in error, you must contact us at customerservice@picksandplays.com within 30 days of the date the charge posted to your account. Refunds or adjustments will not be given for any charges that are more than 30 days old.

 
USE OF THE SERVICE

Only authorized Members shall have access to Services provided by Picks and Plays. You bear full responsibility for maintaining the confidentiality of your Account User Name and Password.

Members shall not use the Service, or permit others to use the Service, in any way that violates any Federal or State Laws or Regulations. Violations of Federal or State Laws may subject Members to civil and/or criminal penalties.

Members shall be responsible for all charges to their Account. Picks and Plays will not, under any circumstances, be responsible for any unauthorized usage of an Members account.

 
LIMITATION OF LIABILITY

Although Picks and Plays diligently updates all track and racing information prior to publication of our Reports, in no way shall Picks and Plays be liable for damages whether direct, indirect, incidental, exemplary, punitive, special or consequential, including, but not limited to loss of revenue, anticipated profits or other economic loss, whether foreseeable or not, in connection with or arising out of the availability, existence, furnishing or functioning of any services or information provided, including but not limited to omission or misstatements of track program, past performances and late changes of race information.

Picks and Plays shall not be liable for any loss or damage, delay in performance or nonperformance caused by equipment malfunction or breakdown, information unavailability, strikes or other labor disputes, or riots, fire, insurrection, war, failure of carriers, the elements, accidents, acts of God, or any other causes beyond Picks and Plays' control whether or not similar to the foregoing.

Picks and Plays may, in its sole discretion and at any time, modify, alter or discontinue the Service or limit, terminate or suspend Member use of the Account.

 
ARBITRATION CLAUSE

All disputes, controversies or differences which may arise between Picks and Plays and Member, out of or in relation to or in connection with this Service shall be finally settled by arbitration in Las Vegas, Nevada, in accordance with the rules for commercial arbitration of the American Arbitration Association in effect at the time such arbitration is initiated. A list of arbitrators shall be presented to the Claimant and Respondent from which one will be chosen using the applicable rules. The decision of the arbitrator shall be final and binding upon all Parties.

The prevailing party shall be awarded all of the filing fees and related administrative costs. Administrative and other costs of enforcing an arbitration award, including the costs of subpoenas, depositions, transcripts and the like, witness fees, payment of reasonable attorney's fees, and similar costs related to collecting an arbitrator's award, will be added to, and become a part of, the amount due pursuant to this agreement. Any questions involving contract interpretation shall be made in accordance with the laws of Nevada. An arbitrator's decision may be entered in any jurisdiction in which the party has assets in order to collect any amounts due hereunder.

 
NOTICE SPECIFIC TO INFORMATION AVAILABLE ON THIS WEBSITE

Permission to use press releases, help files and FAQs from this web site is granted, provided that:

(1) the below copyright notice (4) appears in all copies and that both the copyright notice and this permission notice appear,

(2) use of such documents from this web site is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and

(3) no modifications of any documents shall be made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

(4) Copyright 2004-2008, Picks and Plays Incorporated, All Rights Reserved.

Documents specified above should not include the design or layout of the Picks and Plays web site or any other Picks and Plays owned, rated, licensed or controlled site. Elements of the Picks and Plays web sites are protected by trade dress, trademark, copyright, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Picks and Plays web site may be copied or retransmitted unless expressly permitted by Picks and Plays.

Picks and Plays and its affiliates 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 web site. All such documents and related graphics are provided "as is" without warranty of any kind. Picks and Plays and its affiliates hereby disclaim all warranties and conditions with regard to this information, including all expressed and implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Picks and Plays or its affiliates be liable for any special, incidental, punitive, 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 goods and services resulting from any goods, 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 your transmissions or data, statements or conduct of any third party on this service, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this web site.

The documents and related graphics published on this web site could include technical inaccuracies or typographical errors. Changes are periodically added to the information. Picks and Plays and its affiliates may make improvements and/or changes in the product(s) and/or the program described herein at any time. Picks and Plays makes no commitment to update any of the information contained on its web site.

Any information, communication or material you transmit to Picks and Plays or the Picks and Plays web site by telephone, electronic mail, other electronic media or otherwise, including Member information, data, questions, comments, suggestions, or the like is, and will be treated as non-confidential, non-proprietary, and the exclusive property of Picks and Plays, subject to partial or total disclosure at Picks and Plays' discretion. In addition, all information transmitted by you may be used by Picks and Plays or its affiliates, without any compensation to you, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Picks and Plays is free to use any ideas, concepts, know-how, or techniques contained in any communications you send to the web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Images of people or places displayed on the Picks and Plays web site are either property of, or used with permission by, Picks and Plays. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms or specific permission is provided elsewhere on the web site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 
LINKS TO THIRD PARTY SITES

Links may let you leave Picks and Plays' web site. The linked sites are not under the control of Picks and Plays and Picks and Plays is not responsible for the contents of any linked web site or any link contained in a linked web site, or any changes or updates to such web sites. Picks and Plays is not responsible for web casting or any other form of transmission received from any linked web site. Picks and Plays is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Picks and Plays of the linked web site.

 
TRADEMARKS NOTICE

Picks and Plays products referenced herein include either registered or unregistered trademarks of Picks and Plays and others. Nothing contained on the Picks and Plays web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the web site without the written permission of Picks and Plays or such third party that may own the trademarks displayed on the web site. Your misuse of the Picks and Plays trademarks displayed on the web site, or any other content on the web site, except as provided in these terms, is strictly prohibited. You are also advised that Picks and Plays will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

 
NOTICE OF RESERVATION OF RIGHTS

Picks and Plays reserves the right in its sole discretion to revoke any or all access and use authorizations granted to you. Your authorization to use the Picks and Plays web site automatically terminates without notice if in Picks and Plays' sole discretion you fail to comply with any of these terms of use. Upon termination, you must immediately destroy any downloaded or printed materials.

If any of the provisions of this agreement are held by a court or 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.

Picks and Plays shall have the right, but not the obligation, to monitor the content of the web site, including chat rooms and bulletin boards, to determine the compliance with the terms of use and any other operating rules established by Picks and Plays and to satisfy any law, regulation, or authorized government request.

Any rights not expressly granted herein are reserved.

 
NO WARRANTIES PROVIDED BY PICKS AND PLAYS

ALL MEMBERS EXPRESSLY UNDERSTAND AND AGREE THAT:

(A) MEMBERS ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS PICKS AND PLAYS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

(B) PICKS AND PLAYS PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PICKS AND PLAYS WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

(C) PICKS AND PLAYS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SERVICE PROVIDED BY PICKS AND PLAYS. NO ADVICE OR INFORMATION GIVEN BY PICKS AND PLAYS, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

(D) DISCLAIMER OF LIABILITY. PICKS AND PLAYS SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. UNDER NO CIRCUMSTANCES SHALL PICKS AND PLAYS, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, THAT RESULT IN ANY WAY, FROM ANY USE OF YOUR ACCOUNT, OR THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE, OR FROM YOUR RELIANCE ON, OR USE OF, INFORMATION PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. PICKS AND PLAYS' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY INFORMATION PROVIDED OR USED AT PICKS AND PLAYS SHALL BE THE REPLACEMENT OF ANY PICKS AND PLAYS REPORTS FOUND TO BE DEFECTIVE.

 
NOTICE OF APPLICABLE LAW

Picks and Plays is a Nevada Corporation. As such the laws of the State of Nevada will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our web site and these disclaimers, terms and conditions at any time, which changes shall become effective immediately upon posting on the web site.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such a case, in no event shall Picks and Plays' 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 the web site.

 
NOTICE OF INDEMNIFICATION

You agree to defend, indemnify and hold harmless Picks and Plays, its affiliates, employees, contractors, telecommunication providers, content providers, and assignees and their respective officers, directors, employees and agents from and against any and all liabilities, claims, actions, demands, damages, costs, losses and expenses (including reasonable attorney's fees) arising out of your use of Picks and Plays products and services.

 
NOTICE OF UNLAWFUL OR PROHIBITED USE

All Members hereby agree to use these Services in recognition of all applicable Federal, and State laws, statutes and regulations, any deviation of which is grounds for immediate Account closure and subject to civil and/or criminal liability.

In addition, any and all activity that Picks and Plays may reasonable believe to be fraudulent, deceptive, or unlawful, shall be reported to the appropriate law enforcement authorities and prosecuted to the full extent of the law. Member shall relinquish all rights to the proceeds resulting from the fraudulent, deceptive, or illegal activities, and all proceeds shall be retained by Picks and Plays to pay for damages and losses resulting from such fraud, deceit, or illegal activity.

In addition, as a condition of your use of Services, you warrant to Picks and Plays that you will not use the Picks and Plays web sites for any purpose that is prohibited by these terms, conditions, and notices. You may not use the Picks and Plays web site in any manner which could damage, disable, overburden, or impair the Picks and Plays web site or interfere with any other party's use and enjoyment of the Picks and Plays web site. Any conduct that in Picks and Plays' discretion restricts or limits any other user's use or enjoyment of the web site will not be tolerated. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Picks and Plays web site. Any material which is unlawful, threatening, defamatory, invasive of privacy or publicity rights, obscene or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, shall not be transmitted to the web site. You specifically acknowledge that Picks and Plays is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

 
REMEDIES

If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines or practices, or otherwise have a dispute with Picks and Plays, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account.

 
TERMINATION OF AGREEMENT

Member or Picks and Plays may terminate or cancel this Agreement and the Service at any time. Members understand and agree that the cancellation of this Agreement is your sole right and remedy with respect to any dispute with picksandplays.com®, it's Service, or any of its terms, conditions, rules, policies, guidelines or practices. Members may cancel this Agreement and the Service with Picks and Plays by delivering notice as provided below.

Termination of this Agreement does not release Member from the obligation to pay all accrued charges under this Agreement. Any delinquent or unpaid Account with unresolved issues must be paid in full. Failure to resolve any unpaid debt will be forwarded to a collection agency, and may affect your credit rating.

Upon termination of this Agreement, all rights granted to you under this Agreement shall cease immediately.

 
NOTICE

Picks and Plays may terminate this Agreement and your Picks and Plays Account, at any time, by providing notice of termination to you by any one of the following methods: electronic mail (email); general posting at Picks and Plays' web site; or by US mail or courier service.

PRIVACY POLICY STATEMENT

Picks and Plays respects the privacy of our Members and the information they provide us, and is committed to protecting Member information.

As a part of this commitment, Picks and Plays agrees to diligently protect information submitted by Picks and Plays Members, including Social Security numbers, Credit and Debit Card information, and banking information, from all entities foreign to Picks and Plays. In addition Picks and Plays stipulates to secure all Social Security numbers, Credit and Debit Card information, and banking information from co-marketing arrangements. For your safety and protection, your credit card information is not stored on our servers. Our payment gateway provider, LinkPoint, keeps this information encrypted and secure on your behalf.

Information submitted by Picks and Plays Members, including residence address, e-mail, phone number, and the like, are retained and used by Picks and Plays to protect and administer Member accounts, help design and improve Picks and Plays' products and services, and in any other fashion deemed reasonably appropriate by Picks and Plays. Picks and Plays may from time to time send promotional emails to Member and Member agrees to receive such emails providing always that Member has the right to be unsubscribed from Picks and Plays mailings either by utilizing the unsubscribe link within the received email or by notification via email to customerservice@picksandplays.com of Member's desire to be removed from such mailings. Customer information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without the consent of the customer, other than for the express purpose of delivering the purchased product or service requested by the customer.

Picks and Plays collects the domain name, IP address, and e-mail address of visitors to its web site, the e-mail addresses of those who post messages on the Picks and Plays bulletin board, the e-mail addresses of those who communicate with Picks and Plays via e-mail, the e-mail addresses of those who make postings to Picks and Plays' chat areas, aggregate information on what pages Picks and Plays' consumers access or visit, user-specific information on what pages consumers access or visit and information volunteered by the consumer, such as survey information and/or site registrations. The information Picks and Plays collects is the exclusive property of Picks and Plays and may be used in any fashion deemed reasonably appropriate by Picks and Plays.

Members are advised that in the event of a criminal investigation by state or federal authorities or regulatory inquiry pursuant to Picks and Plays' licenses, the Member waives any and all rights to Member information and data in Picks and Plays' possession, and Member specifically authorizes Picks and Plays to disclose said data and information to law enforcement authorities and Member releases Picks and Plays of all liability in this regard to the full extent possible by law.

For site security purposes, and to ensure the Picks and Plays service remains available to all Members, all network traffic is monitored in order to identify unauthorized use attempts to upload or change information, or otherwise cause damage or conduct criminal activity. Unauthorized attempts to upload or change information, or otherwise cause damage to this service, are strictly prohibited and shall be punishable under applicable federal law.