Terms of Use

Effective Date: September 1, 2016


  1. Valid and Binding Agreement.
    1. This website, together with all of its related objects, pages, designs, intellectual property, audiovisuals, and any other content (the “Website”) is owned, operated, and maintained by Behind the Picks (the “Company”). The Company provides this Website and all of its related content to you, (the “User”) subject to the terms and conditions stated herein (“Terms of Use”).
    2. The Terms of Use are a valid and binding agreement between you and the Company. If you use this Website, you are accepting to be bound by these Terms of Use.
    3. If the Company feels that you are violating any of these Terms of Use or any other applicable law, the Company will immediately terminate your use of the Website and its content and you will not be entitled to a refund for any unused portion of any subscription or Paid Services (defined below).
    4. The Company may change these Terms of Use from time to time, without express notice to you, by simply publishing an updated version of these Terms of Use on the Website. You should therefore review the Terms of Use periodically, as they are subject to change. Any change to these Terms of Use shall be effective as of the Effective Date indicated above.
  2. Permitted Personal Use.
    1. You may view, download, or otherwise use the content of the Website only for your personal and noncommercial use. You agree that any revenue, income, cost saving, or other economic gain that you derive from an unauthorized commercial use of the Website should have belonged to the Company, and therefore you irrevocably assign any such revenue, income, cost saving, or other economic gain to the Company.
    2. You agree not to make any other copies or modify the content or material on the Website.
  3. Third-Party Sites.
    1. Clicking on certain links contained on the Website may take you to other websites.
    2. These websites are not maintained by the Company, and therefore the Company disclaims any liability for the contents of these websites.
  4. User-Generated Content.
    1. You agree to use this Website and its services only for legal and permitted purposes, and you agree that you will not upload, transfer, post, or email any illegal, offensive, pornographic, obscene, defamatory, libelous, slanderous, confidential, private, or distasteful material. You further agree not to stalk or harass other users of the Website.
    2. You agree that any content you provide to the Website or other users (“User-Generated Content”) is your own content and does not violate any copyrights, trademarks, trade secrets, trade names, patents, or other intellectual property rights.
    3. Any User-generated content that you upload or otherwise share with the Company will remain your property. However, by uploading or otherwise sharing such User-generated Content with the Company, you agree to grant Company a license to use the User-Generated Content. This license shall be entirely free for the Company, and it shall extend for as long as your User-Generated Content remains on the Website. While Company does not make any ownership claim with respect to any User-Generated Content, the Company shall retain any and all revenue, income, cost saving, or other economic gain caused, directly or indirectly, by the User-Generated Content.
    4. You understand that the Company does not monitor all of the Website's users or all the content that users provide to the Website or to other users, but the Company reserves the right to delete, modify, or erase material in its sole discretion. You agree not to upload or transmit intentionally any computer viruses, worms, trojan horses, or other malicious code to the Website or to any of the Website's users.
    5. You agree not to hack into or intentionally upload any malicious computer code to the Company's Website, or intentionally transmit such things to other users.
  5. No Wagering.
    1. The Website and all of its related content is merely the public statement of a personal opinion. When you purchase your paid premium membership to the Website, you are purchasing a subscription to a periodic source of information; this is no different than purchasing a magazine or a newspaper.
    2. THIS WEBSITE IS NOT A WAGERING WEBSITE. We do not sponsor or encourage any form of sports betting, touting, or wagering. SPORTS WAGERING IS ILLEGAL IN MANY JURISDICTIONS. Although there may be no restrictions in your particular area, IT IS YOUR RESPONSIBILITY to ensure that your actions are not in violation of the law of your state, province, country or territory.
    3. If you are not sure as to the legality of placing bets on sport events, don’t do it! Contact an attorney first.
  6. Paid Services and Subscriptions.
    1. The Website offers different types of paid subscriptions to its users. Certain functionalities, content, and services (“Paid Services”) are only available to users who purchase a subscription.
    2. The price of your selected subscription is due upfront and non-refundable. You can cancel your subscription at any time without any penalty, however, you will not be refunded any money for any unused portion of your subscription.
    3. Your subscription will be renewed automatically, unless you expressly state otherwise, for a period equal to the initial duration of the subscription. For example, a yearly subscription will be automatically renewed for another year; a monthly subscription will be automatically renewed for another month, and so on.
  7. Free Trials and Promotions.
    1. From time to time, Company may offer free trial periods for the Paid Services. You will be billed at the end of the free trial unless you cancel your subscription.
    2. From time to time and in its absolute discretion, Company may offer its Paid Services at a special discounted price (“Promotional Pricing”). Several restrictions may apply to Promotional pricing. For example, Promotional Pricing may apply to different Paid Services in a different manner; it may be limited in duration or it may only cover some but not all or the Paid Services; it may be restricted to certain people only; it may require the use of certain coupon codes and or/other restrictions may apply.
    3. Any restriction, condition, or requirement of any kind associated with the Promotional Pricing is imposed in the absolute discretion of the Company, which retains all the rights to modify any and all restriction, condition, or requirement applied to any Promotional Pricing unilaterally, at any time, and without any notice.
  8. Miscellaneous Provisions.
    1. WEBSITE AS IS. THE WEBSITE AND ITS RELATED SERVICES ARE PROVIDED TO YOU “AS IS,” “AS AVAILABLE,” AND “WHEN AVAILABLE.” THE COMPANY, ITS AGENTS, AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE OR DATA, OR OTHER SIMILAR LOSSES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
    2. Choice of Law. This Terms of Use Agreement shall be governed exclusively by the laws of the state of Florida, without regards to any choice of law provision or rule (whether of the State of Florida or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Florida. Venue shall reside exclusively in Miami-Dade County, Florida.
    3. Indemnification and Hold Harmless. You agree to indemnify and hold harmless the Company and its employees, officers, and agents from any and all damages, costs, expenses, liabilities, and fees incurred by any or all of them in connection with any material or content you upload or transmit to, over, or through the Website, its chat rooms, message boards, email facilities, or any other use of the Website by you, or your violation of any law or the rights of others.
    4. Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
    5. Interpretation. For purposes of this Agreement, (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole. Unless the context otherwise requires, references herein: (x) to Sections and Schedules refer to the Sections of, and Schedules attached to, this Agreement; (y) to an agreement, instrument or other document means such agreement, instrument or other document as amended, supplemented and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The Schedules referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein.
    6. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other Person any legal or equitable right, benefit or remedy of any nature, under or by reason of this Agreement.
    7. Amendment and Modification; Waiver. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
    8. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner.
    9. WAIVER OF JURY TRIAL. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
    10. Attorneys’ Fees. In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other Party arising out of, or related to, this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and court costs from the non-prevailing Party.
  9. Limitation of liability.

    YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU RECEIVE OR PROVIDE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY RESULTING FROM THE SITE OR ANY INFORMATION PROVIDED THEREIN; THE USE OR THE INABILITY TO USE THE SITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS THE COMPANY MAY TAKE OR NOT TAKE; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF CONTENT OF ANY KIND; DATA THAT IS PROCESSED INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR GENERAL USE OF THE SITE OR SERVICE.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  10. Binding arbitration.
    1. Any and all disputes, claims or controversies arising out of or relating to the use of this site, the breach of any terms or obligations, or any cause against Company in connection with User’s activities or interactivity with this site (including any transactions conducted with the Company) ("Claims"), shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association ("AAA") in accordance with its then governing Commercial Arbitration rules and procedures. In agreeing to arbitrate all Claims, you and Company waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Miami, Florida, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision shall survive termination of this Agreement.
    2. Subject to the limitations set forth below in this Section 15.2, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Florida, provided that:
      1. The arbitrator shall not have authority to award punitive damages; and
      2. Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and Company agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
    3. In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with this Section 15, the other party shall recover all attorneys' fees and expenses reasonably incurred in enforcing this agreement to arbitrate.