Terms & Conditions

TERMS AND CONDITIONS — JOLEE PICKS, INC.

As part of the subscription provided by Jolee Picks, Inc., [Customer Name] ("You" or "Your") represent and warrant the following:

You expressly acknowledge and agree that the information provided to You as part of your subscription via email or otherwise (the "Picks") and the use thereof are subject to the terms and conditions set forth herein. You expressly acknowledge and agree that Jolee Picks Inc., its agents, officers, directors, managers, members, employees, contractors or sales personnel (collectively, the "Company") are in no way responsible for any decisions, financial or otherwise, You, or those acting at your direction, make with respect to the Picks or any other information related to the Picks or any information on joleepicks.com (the "Site") or any links provided by the Company on the Site or otherwise. The Company does not offer bookmaking services or gambling services on the Site or otherwise. The Company does not provide investment advice and none of the Picks nor any information on the Site or otherwise should be construed as or, deemed to be, investment advice. You acknowledge and agree that the Company offers sports information services and that you are of at least 18 years of age. You acknowledge and agree that You are aware of and are familiar with the substantial risks involved in gambling (including the "sports book" and similar games) and games of chance.

You agree that You shall not, directly or indirectly, sell, exchange, trade, barter, or otherwise commercially exploit the Picks, or giveaway the Picks, or otherwise aid, direct, encourage, or help, directly or indirectly, any other person or entity in any of the foregoing, and that any such action is expressly prohibited and a material breach of the terms and conditions hereof. You agree that, in addition to any rights and remedies that the Company may have at law or equity as a result of You breaching these terms and conditions, that in the event You breach these terms and conditions, the Company may cancel any subscriptions you may have with the Company.

NO REFUND POLICY; ALL SALES ARE FINAL.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL PURCHASES, SUBSCRIPTIONS, AND PAYMENTS MADE TO THE COMPANY ARE FINAL AND NON-REFUNDABLE. NO REFUNDS, CREDITS, CHARGEBACKS, OR EXCHANGES WILL BE ISSUED UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO: (A) DISSATISFACTION WITH THE PICKS OR THE ACCURACY, FREQUENCY, OR OUTCOME THEREOF; (B) LOSSES INCURRED FROM GAMBLING OR WAGERING ACTIVITIES; (C) FAILURE TO USE OR ACCESS THE PICKS DURING THE SUBSCRIPTION PERIOD; (D) CANCELLATION OF YOUR SUBSCRIPTION PRIOR TO THE END OF A BILLING CYCLE; (E) YOUR DECISION TO DISCONTINUE USE OF THE SERVICE FOR ANY REASON; OR (F) ANY TECHNICAL ISSUES, INTERRUPTIONS, OR DELAYS IN DELIVERY OF THE PICKS THAT ARE BEYOND THE COMPANY'S REASONABLE CONTROL.

YOU ACKNOWLEDGE THAT THE COMPANY DELIVERS DIGITAL INFORMATION SERVICES (I.E., THE PICKS) THAT ARE CONSUMED IMMEDIATELY UPON DELIVERY AND THAT, BY THEIR NATURE, CANNOT BE RETURNED. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO THIS NO-REFUND POLICY PRIOR TO COMPLETING YOUR PURCHASE AND THAT YOUR COMPLETION OF ANY PURCHASE CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS POLICY. YOU WAIVE ANY RIGHT TO INITIATE A CHARGEBACK, PAYMENT DISPUTE, OR REVERSAL WITH YOUR PAYMENT PROVIDER (INCLUDING BUT NOT LIMITED TO PAYPAL, CREDIT CARD COMPANIES, OR BANKS) FOR ANY PURCHASE MADE HEREUNDER, AND YOU AGREE THAT ANY SUCH CHARGEBACK, DISPUTE, OR REVERSAL SHALL CONSTITUTE A MATERIAL BREACH OF THESE TERMS AND CONDITIONS.

IN THE EVENT THAT YOU INITIATE A CHARGEBACK, PAYMENT DISPUTE, OR REVERSAL IN VIOLATION OF THIS SECTION, YOU AGREE THAT: (I) THE COMPANY MAY IMMEDIATELY SUSPEND OR TERMINATE YOUR SUBSCRIPTION AND ACCESS TO ALL SERVICES WITHOUT NOTICE; (II) YOU SHALL BE LIABLE TO THE COMPANY FOR THE FULL AMOUNT OF THE DISPUTED TRANSACTION PLUS ANY FEES, COSTS, OR PENALTIES INCURRED BY THE COMPANY AS A RESULT OF SUCH DISPUTE (INCLUDING BUT NOT LIMITED TO CHARGEBACK FEES, ADMINISTRATIVE COSTS, AND REASONABLE ATTORNEYS' FEES); AND (III) THE COMPANY MAY PURSUE COLLECTION OF ALL AMOUNTS OWED THROUGH ANY LAWFUL MEANS AVAILABLE.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT WARRANT OR GUARANTEE THE PICKS (INCLUDING THE ACCURACY THEREOF) OR WINNINGS WHATSOEVER UNLESS OTHERWISE EXPRESSLY AGREED TO IN WRITING. THE COMPANY PROVIDES PICKS WARRANTY FREE AND GUARANTEE FREE AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OR GUARANTEE, IN EACH CASE, EXPRESS OR IMPLIED OR OTHERWISE. YOU ACKNOWLEDGE THAT THE VALUE OF THE SERVICE IS IN THE DELIVERY OF THE COMPANY'S SPORTS INFORMATION AND ANALYSIS, NOT IN ANY PARTICULAR GAMBLING OUTCOME, AND THAT THE SERVICE IS FULLY RENDERED UPON DELIVERY OF THE PICKS REGARDLESS OF WHETHER YOU USE OR ACT UPON THEM.

ASSUMPTION OF RISK.

YOU ACKNOWLEDGE AND AGREE THAT SPORTS GAMBLING AND WAGERING INVOLVE INHERENT AND SUBSTANTIAL RISK OF FINANCIAL LOSS. YOU ASSUME ALL RISK ASSOCIATED WITH YOUR USE OF THE PICKS AND ANY GAMBLING OR WAGERING DECISIONS MADE BY YOU OR AT YOUR DIRECTION. YOU ACKNOWLEDGE THAT PAST PERFORMANCE OF THE PICKS IS NOT INDICATIVE OF FUTURE RESULTS AND THAT NO REPRESENTATION HAS BEEN MADE REGARDING FUTURE PERFORMANCE. YOUR DISSATISFACTION WITH GAMBLING OUTCOMES SHALL NOT CONSTITUTE GROUNDS FOR A REFUND, CHARGEBACK, OR DISPUTE.

You agree to indemnify, defend and hold harmless the Company from and against any and all claims (whether fraudulent, groundless, false or not), liabilities (including, without limitation, absolute liability in tort), demands, suits, settlements, obligations, damages, actions, losses and judgments, costs, disbursements, fines, penalties and expenses (including, but not limited to, any reasonable legal, accounting or investigative fees) of whatsoever kind or nature that result from Your breach of these terms and conditions, including any representations and warranties contained herein.

GOVERNING LAW AND DISPUTE RESOLUTION.

These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America, without regard to conflict of laws provisions. Any dispute arising out of or relating to these terms and conditions shall be resolved exclusively in the state or federal courts located within the United States of America, and You hereby consent to the personal jurisdiction of such courts.

SEVERABILITY.

If any provision of these terms and conditions is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

ENTIRE AGREEMENT.

These terms and conditions constitute the entire agreement between You and the Company with respect to your subscription and supersede all prior or contemporaneous communications, whether electronic, oral, or written.