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.
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 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.