THIS AGREEMENT (“Agreement”) DESCRIBES THE TERMS AND CONDITIONS THAT APPLY TO AND GOVERN YOUR USE OF THE NSPICKS.CA WEB SITE AND THE SERVICES AVAILABLE THEREON (“NS Picks Services” or “Services”). By clicking in the box on the NS Picks website indicating your acceptance of these terms and conditions, you represent that you have read, understand and agree to this Agreement and are legally bound to the terms and conditions of this Agreement. As used in this Agreement, the terms “NS Picks”, “we”, “Advisor “, “our” or “us” refer to North Star Sports Consultants Inc. and its designated affiliates and service providers, and the terms “you”, “customer” and “your” refer to any person or entity who uses the NS Picks site or NS Picks services. We may amend this Agreement, in whole or in part, at any time, by posting the amended terms and conditions on the NS Picks website.
You understand that your continued use of the NS Picks site or NS Picks services after a change has been posted constitutes acceptance of the amended terms and conditions.
1. REPRODUCIBILITY. All data and the information contained on or within the www.nspicks.ca website, NS Picks Consultants, and it’s related content cannot be rebroadcast, reproduced or re-transmitted in whole or in part in any matter-either in print form or electronically via the Internet, including but not limited to other Internet sites, newsgroups, posting boards, and forums, etc., – without the written consent of NS Picks.
2. PAYMENT TERMS. You can purchase NS Picks services by using your VISA debit or credit card, your MasterCard debit or credit card or PayPal. By completing and submitting the forms required on the NS Picks site to purchase NS Picks services, including but not limited to, the designation of a bank card for payment, you agree that the purchase price will be immediately charged to or withdrawn from the account associated with such card. All purchases are non-refundable; in-store credit only when applicable.
3. REFUND POLICY. NS Picks services are non-refundable except in the instance where the package and/or program is clearly stated to have a “Money Back Guarantee” in writing. You should assume that a package and/or program is not refundable.
4. NO-CANCELLATION POLICY: After a package has been purchased and the first pick of that package has been released to the Customer, the package cannot be cancelled under any circumstances and the package will expire in accordance with the original terms of the purchased package. Management reserves the right to suspend services for future use should customer request as such in writing. There will be no refunds for management-approved suspended packages.
5. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE PERFORMANCE. Remember, past results are absolutely no guarantee of future results. Future projections are simply that, projections. Sports betting is purely speculative in nature and there is never a guarantee to win and/or profit from our selections. Sports betting is extremely high risk. We are not responsible for any errors or omissions in typical results information. Some individuals may make little money or even lose money. Individual results will vary greatly and in accordance to your determination, hard work, and ability to follow directions. As with any investment, you should always perform due diligence.
6. LINE CONSISTENCY. Every pick released includes a pointspread and/or total (“Lines”) the pick is based on. Your ability to find the same Lines does not qualify you for a guarantee. When grading results, the Win / Loss / Tie rating is based on the Lines provided with the pick at the time of publishing. In the event of a publicized correction before the start of a game, the corrected Lines will be used to grade the pick’s success.
7. TESTIMONIALS. Testimonials, case studies, and examples found within all of our mailings, online and/or the NS Picks site, have been forwarded to us by actual paying customers, and may not always reflect the typical purchaser’s experience, may not apply to the average person and are not intended to represent or guarantee that anyone will achieve the same or similar results. Please also recognize that some of the testimonials and case studies depicted in this mailing and on our site are dramatizations. The written presentations offered have been edited from their original versions. Some personal and private information has been removed and/or changed in order to protect client and consultant privacy. All testimonials are given of the person’s own desire and they are never paid for providing them.
8. ACCURACY OF INFORMATION. All testimonials, case studies, and examples maybe edited to protect the privacy of our clients and consultants. Some are dramatizations. All testimonials are given freely and clients are never compensated for providing them.
9. CUSTOMER SERVICE. If you discover any errors or have any problems with or related to the NS Picks site or NS Picks services, you should first contact NS Picks by email at firstname.lastname@example.org
10. SERVICE TERMS. By using NS Picks services, you acknowledge and agree that NS Picks expressly reserves the right to refuse to provide NS Picks services to you, at any time, for any reason deemed necessary to protect NS Picks’ interest.
11. REGISTRATION. You may be required to register in order to use NS Picks. Registration is subject to the terms and conditions set forth in this Agreement. When registering, you must provide us with true, accurate, current and complete information as prompted on the forms on the NS Picks’ site and you must maintain and promptly update such information to keep it true, accurate, current and complete.
12. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, IN NO EVENT SHALL NS PICKS OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE NS PICKS SITE OR NS PICKS’ SERVICES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF NS PICKS OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
13. WARRANTIES. NS PICKS AND ITS AFFILIATES AND SERVICE PROVIDERS PROVIDE THE NS PICKS SITE AND NS PICKS SERVICES TO YOU “AS IS” AND “AS AVAILABLE.” NS PICKS AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF OR RELATED TO THE NS PICKS SITE OR NS PICKS SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE NS PICKS SITE AND NA PICKS SERVICES IS AT YOUR SOLE RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, NS PICKS AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH NS PICKS SERVICES ARE PROVIDED OR REQUESTED THROUGH THE NS PICKS SITE; (B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE NS PICKS SITE OR NS PICKS SERVICES, VIRUSES CAUSED BY THIRD PARTIES, ERRORS ON THE NS PICKS SITE OR WITH NS PICKS SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN EMAILS SENT THROUGH THE NS PICKS SITE); AND (C) HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OF DATA RELATING TO YOU, THE NS PICKS SITE OR NS PICKS SERVICES.
14. INDEMNIFICATION. You shall indemnify, defend and hold harmless NS PICKS, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the NS PICKS site or NS Picks services. NS PICKS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of NS PICKS.
15. COPYRIGHT AND TRADEMARKS. The content and all intellectual property pertaining the NS Picks site and NS Picks services and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by NS Picks or third parties, and all right, title and interest therein and thereto shall remain the property of NS Picks and/or such other third parties. The NS Picks site and NS Picks services may be used only for the purposes permitted by this Agreement or described on the NS Picks site. You are authorized solely to view and to retain a copy of the pages of the NS Picks site for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web or elsewhere on the Internet, or in any way distribute or exploit the NS Picks site, NS Picks services or any portion thereof for any public or commercial use without the express written permission of NS Picks. Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the NS Picks’ site (or printed pages thereof). The name NS Picks and other names and indicia of ownership of NS Picks’ products and/or services referenced on this site are the exclusive marks of NS Picks. Other product, service and company names appearing on the site may be trademarks of their respective owners.
16. VIOLATIONS OF RULES AND REGULATIONS. We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.
17. ENTIRE AGREEMENT. This Agreement, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between you and NS Picks and supersedes and terminates all prior agreements or understandings you may have with NS Picks.
18. ASSIGNMENT. We have the right to assign this Agreement to a subsidiary or affiliate company, or any third party, at any time without your consent. You may not assign or transfer this Agreement without our prior written consent.
19. SEVERABILITY. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, such provision(s) will be deemed modified to the minimum extent necessary to make them valid, legal and enforceable and the remaining provisions shall remain valid and enforceable.
20. INTENDED USERS AND GOVERNING LAW. The NS Picke site and NS Picks services are directed to persons age 18 and over. The NS Picks site and NS Picks service are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. You represent that your use of the NS Picks site and NS Picks services is in compliance with all applicable laws and regulations. It is your sole responsibility to understand the laws of each jurisdiction directly or indirectly impacted by your access to and/or use of the NS Picks site and NS Picks services including, without limitation, the laws of your country of residence and the laws of the country in which the NS Picks services will ultimately be received. Each time you access the NS Picks site and/or use the NS Picks services, you represent and warrant to NS Picks that such access and/or use is: (i) entirely legal for you and NS Picks both in your country of residence and in any country directly or indirectly impacted by such access and/or use and (ii) consistent with the Agreement. Any action related to the NS Picks site or NS Picks services will be governed by Canadian law without regard to its conflict of laws principles. All disputes relating to the NS Picks site or NS Picks services will be adjudicated in the Provincial courts located in Toronto, Ontario, Canada.