Terms of Service

Terms of Use Agreement

Read This Terms of Use Agreement Before Accessing Website.

Effective Date: This Terms of Use Agreement was last updated on November 15th, 2012.

This Terms of Use Agreement sets forth the standards of use of the ThePickExchange.com Online Service. By using the ThePickExchange.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at ThePickExchange.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Service

ThePickExchange.com is providing Member with a service. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees related with such connection.

A) Handicapping Software

ThePickExchange.com offers license-based, web-based sports handicapping software ("Intellibet"), other advanced tools and data to its members.  Licenses are billed on a monthly or yearly recurring basis and may be cancelled at any time. No refunds or partial refunds will be offered for previously purchased licenses. Cancelled licenses will remain active until the purchased license period expires. 

B) Advice

ThePickExchange.com offers "Intellibet Power Plays" which is betting advice available for purchase on a daily, monthly or yearly subscription basis. We may also, at our sole discretion, offer free betting advice on The Pick Exchange website. No guarantees are made to the results or financial gain as a result of following our advice, whether free or purchased. All use of any free or purchased betting advice offered on The Pick Exchange website must be in strict accordance with all federal, state, or local laws that apply.

2. Disclaimer of Warranties.

The site is provided by ThePickExchange.com on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, ThePickExchange.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. ThePickExchange.com shall have no liability for any interruptions in the use of this Website. ThePickExchange.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3.Limitation of Liability

ThePickExchange.com shall not be liable for any damages whatsoever, and in particular ThePickExchange.com shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if ThePickExchange.com has been advised of the possibility of such damages.  Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.

4. Indemnification

Member agrees to indemnify and hold ThePickExchange.com, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service

ThePickExchange.com reserves the right to modify or discontinue the Service with or without notice to the Member. ThePickExchange.com shall not be liable to Member or any third party should ThePickExchange.com exercise its right to modify or discontinue the Service. Member acknowledges and accepts that ThePickExchange.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

6. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

7. Disclaimer Regarding Accuracy of Vendor Information

Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While ThePickExchange.com makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. ThePickExchange.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

8. Governing Jurisdiction of the Courts of New Jersey

ThePickExchange.com is operated and provided in the State of New Jersey. As such, we are subject to the laws of the State of New Jersey, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of New Jersey.

9. Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

10. Copyright and Trademark Information

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is copyright 2008 by ThePickExchange.com, with all rights reserved, or is the property of ThePickExchange.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of ThePickExchange.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of ThePickExchange.com.

ThePickExchange, ThePickExchange.com and Intellibet are proprietary marks of Candid Sports, LLC. ThePickExchange.com's trademarks may not be used in connection with any product or service that is not provided by ThePickExchange.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ThePickExchange.com.

All other trademarks displayed on ThePickExchange.com's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with ThePickExchange.com.

11. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, ThePickExchange.com.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Email: admin@thepickexchange.com

12. Botnets

ThePickExchange.com retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, ThePickExchange.com reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

13. Other Terms

If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by ThePickExchange.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

14. No Guarantee Disclaimer

Gambling is inherently risky. You should carefully consider whether engaging in gambling is suitable for you in light of your financial condition. In general we recommend that only "risk money," that is money that you do not need for essentials like paying the rent or buying food, be used for gambling. Even better start with an extremely low bank fund and build it from there. That way you will play winning money, not your own. Our products and advice are designed as an information device for persons of legal age interested in making intelligent bets upon single or multiple sporting events and / or combinations. No guarantees are made with regard to results or financial gain from using our products and services. All forms of betting carry some risk, it is up to the individual to make informed decisions on bets made with or without assistance from our products and services. ThePickExchange.com and anybody associated with the ThePickExchange.com site and products sold via the ThePickExchange.com cannot be held responsible for any losses or wins incurred as a result of using the systems, software or tips we sell. The material contained on this site is intended to inform and educate the reader and in no way represents an inducement to gamble legally or illegally. Individual profits from using our services will vary because of several factors ThePickExchange.com is not in control of and therefore cannot be guaranteed. For all these reasons, your purchase and use of our products should be based upon your own due diligence and judgment on how best to use our products. You should not view ThePickExchange.com products, services and advice as responsible for any success or failure of your betting. We provide tools that you can use to try to improve the success of your betting. Your decision to purchase and use our information and product should be based on your own due diligence, and not on representation that we make to you.