TERMS AND CONDITIONS
You are purchasing pay-per-view sports analysis which is not subject to any return policy.
All sales are final.
In order to complete your order with Pick Nation , Inc. ("picknation.com"), you must click in the space provided below that you accept and agree to these terms and conditions.
1. Use of Information. You acknowledge and agree that the information that you will receive from Pick Nation or to which you will be provided access, whether through the Pick Nation website (or any affiliated website) or directly, is intended solely for your entertainment purposes, and that the information may not be used except as specifically authorized by Pick Nation in writing. Specifically, you represent and warrant that:
a. you will not use the information that you will receive from Pick Nation (regardless of whether you receive such information directly, from the Pick Nation website or from any affiliated website) to make any investment or other financial decisions, regardless of whether such decisions relating to investing in Pick Nation;
b. you will not reproduce, republish, rebroadcast, retransmit, recast or in any way distribute the information that you will receive from Pick Nation (regardless of whether you receive such information directly, from the Pick Nation website or from any affiliated website)anywhere, including without limitation on the Internet (e. g. , on other websites, blogs, newsgroups, chat rooms, discussion forums, message boards and social media services such as Twitter, Facebook and MySpace), via instant or text messaging services (whether Internet- or phone-based), in podcasts, or in any other printed or electronic form, including without limitation radio and television;
c. you will not provide or otherwise convey the information that you will receive from Pick Nation (regardless of whether you receive such information directly, from the Pick Nation website or from any affiliated website) to any third parties; and
d. you will not attempt to reverse engineer, disassemble or decompile the Pick Nation website (or any affiliate website), nor will you create any derivative works based upon the Pick Nation website (or any affiliated website).
You also represent and warrant that you will not use information received from Pick Nation for any unlawful purpose, including without limitation any direct or indirect violation of any municipal, local, state, federal or international law. You acknowledge and agree that but for these various representations, Pick Nation would not provide you with access to information.
2. Subscriptions. You acknowledge and agree that payments made for any subscription access to the Pick Nation website (and any affiliated websites) shall be deemed earned in full once you access the subscription-only area of the Pick Nation website (or any affiliate websites). You further acknowledge and agree that you shall not be entitled to any refund in the event your subscription is terminated, regardless of the reason for termination. You acknowledge and agree that all sales are final, and that there shall be no refunds and no exchanges.
3. Account Security. As a user of the Pick Nation website (and any affiliated websites), you may receive or establish an account ("Account"). You acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your Account, and that you are not permitted to let anyone else use your Account. You further acknowledge that you will not reveal your Account information to anyone else or use anyone else’s Account. You also agree to immediately notify Pick Nation of any unauthorized use of your Account or any other breach of security.
4. Ownership of Intellectual Property. You acknowledge and agree that Pick Nation is and shall remain the owner of all rights, title and interest in and to the Pick Nation website (and all affiliated websites) and its content, including without limitation all designs, copyrightable material (regardless of whether such material is copyrightable under the United States Copyright Act, the Berne Union for the Protection of Literary and Artistic Property, the Universal Copyright Convention, and/or any of the laws of any other nation), patentable material (regardless of whether such material is patentable under the laws of the United States and/or any other nation), trademarks and trade dress, droit moral, and confidential and trade secret information (collectively, the "Intellectual Property Rights"), including without limitation all derivatives, improvements, modifications and enhancements thereto, and all Intellectual Property Rights associated therewith. You also acknowledge that all of the personalities (including their names and biographies) depicted on the Pick Nation website (and any affiliated websites) were created and are owned by Pick Nation .
5. Confidentiality. You acknowledge that all of the information you will receive from Pick Nation , whether through the Pick Nation website (or any affiliated website) or directly, is confidential and constitutes trade secrets (the "Trade Secrets") as defined by Florida’s adoption of the Uniform Trade Secrets Act, Florida Statutes §688. 001et seq. At all times during your use of the Pick Nation website (or any affiliated website), you shall maintain the confidentiality of the Trade Secrets, shall hold the Trade Secrets in strict confidence, and shall not disclose the Trade Secrets to any third party, nor use for any purpose other than as expressly permitted by Pick Nation . The obligation to maintain confidentiality shall continue for so long as Pick Nation treats the relevant information as being confidential and/or a trade secret.
6. Trademarks. You acknowledge that the various trademarks appearing on the Pick Nation website (and on any affiliated websites) are the property of their respective owners, and nothing herein shall be deemed a license or other grant of rights to use such trademarks.
7. Reservation of Rights. Nothing herein shall in any way constituted or be deemed a sale or assignment of rights in, or transfer of ownership from Pick Nation to you, of any right, title and interest in and to the copyrights, patents, trade secrets, trademarks and other rights associated with the Pick Nation website (and any affiliated websites). All Intellectual Property Rights associated with Pick Nation website (and any affiliated websites) shall remain’s exclusive property. To the extent that your access to the information on the Pick Nation website (or any affiliate websites) is deemed to give rise to an implied license, such license is expressly limited to your personal use of the information consistent with the various restrictions contained herein.
8. Additional Representations, Warranties and Acknowledgements.
a) You represent and warrant that you are twenty-one (21) years of age or older.
b) You also acknowledge that you are aware that the names of the handicappers may have been changed to protect their privacy.
c) You also acknowledge that you are aware that the names of the handicappers may be fictitious.
d) You also acknowledge that you are aware that there may be only one creative source behind multiple fictitious handicapper names.
e) You also acknowledge that you are aware that the person creating analysis may be different than the person responsible for making the selection.
f) You also acknowledge that you are aware that the person responsible for entering the Handicapper data into this website's backend may be different then the person responsible for making the pick and the analysis.
g) You also acknowledge that you are aware that in the case of Steve Budin, as he eludes to in his free videos, his crews are fictitious.
h) Your acknowledgement of all of the above releases this website and its ownership from all liability for all issues and resulting actions pertaining to the above mentioned.
9. LIMITATIONS OF REMEDIES AND LIABILITY. EXCEPT AND TO THE EXTENT EXPRESSLY PROVIDED HEREIN, Pick Nation DOES NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULT YOU MAY OBTAIN USING THE Pick Nation WEBSITE (OR ANY AFFILIATED WEBSITES) AND ANY INFORMATION THAT YOU MAY RECEIVE FROM Pick Nation (WHETHER DIRECTLY, FROM THE Pick Nation WEBSITE OR FROM ANY AFFILIATED WEBSITE). YOUR ACCESS TO AND USE OF THE INFORMATION ON THE Pick Nation WEBSITE (OR ANY AFFILIATE WEBSITES) IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTIABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU ASSUME THE ENTIRE LIABILITY FOR YOUR USE OF THE Pick Nation WEBSITE (AND ANY AFFILIATED WEBSITES) AND ANY INFORMATION CONTAINED THEREIN, AND Pick Nation SHALL HAVE NO LIABILITY FOR ANY ERRORS, MALFUNCTIONS, DEFECTS, OR LOSS OF DATA RESULTING FROM OR RELATED TO THE USE OF THE Pick Nation WEBSITE (OR ANY AFFILIATED WEBSITES). Pick Nation SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, EVEN IF Pick Nation HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
10. Difficulty Ascertaining Damages. You acknowledge and agree that your breach of any of the restrictions relating to the information you may receive from Pick Nation (regardless of whether you receive such information directly, from the Pick Nation website or from any affiliated website) is likely to cause Pick Nation irreparable harm, and that the harm caused may not be readily ascertainable (particularly in circumstances where you have republished or disseminated information in violation of the restrictions contained herein). You further acknowledge and agree that if the harm caused by your breach of the restrictions contained herein is incapable of being ascertained with certainty, then in any court action relating to such breach, Pick Nation will be entitled to recover an award of damages of not less than $5, 000. 00 per instance of disclosure, publication or dissemination of information in violation of these terms and conditions.
11. Indemnification. You agree to defend, indemnify and hold harmless Pick Nation , its officers, directors, employees, representatives, agents, subsidiaries, affiliates and customers against any claim (including attorney’s fees and court costs) relating in any way to any claim relating to your use of the Pick Nation website (or any affiliate website), including without limitation, any claim relating to your use of information obtained from Pick Nation .
12. Termination. You may terminate your subscription at any time prior to its expiration by providing Pick Nation ’s customer service with notice of your intention to terminate your subscription. However, you acknowledge and agree, consistent with the provisions of Section 2 above, that early termination of your subscription shall not entitle you to a refund. Pick Nation shall have the right to terminate your subscription immediately and without prior notice in the event of a breach of any of these terms and conditions, and Pick Nation shall be entitled to retain the balance of any paid subscription.
13. Survival. You acknowledge and agree that the restrictions, limitations and remedies contained in Sections 1, 4, 5, 6, 9 and 10 shall survive termination of these terms and conditions and/or your relationship with Pick Nation .
14. General Provisions. These terms and conditions shall be governed by and interpreted under the laws of the State of Florida (without regard to its principles regarding conflicts of laws). The sole and exclusive venue for any action relating to this Agreement or the parties hereto shall be in the state or federal courts in Miami, Miami-Dade County, Florida. If any provision herein is found to be contrary to law or otherwise invalid, void or unenforceable, it shall be deemed omitted and shall not affect the remaining terms, which shall remain in full force and effect. These terms and conditions may not be altered or amended except by a written instrument signed by both parties (with any such amendments or changes to be effective only after signed by both parties).
You represent that you have read and understood these terms and conditions, and that you agree to be bound by these terms and conditions.
Should you have any questions regarding this site or any of its policies, you can reach Customer Service by using the "Contact Us" or "Customer Service" forms on this website at anytime.
Customer service is generally available from daily from 8 A.M. to 7 P.M. Eastern.