Terms and Conditions
These terms and conditions ("Agreement") sets forth the general terms and conditions of your use of the pickarmy.com website ("Website" or "Service") and any of its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you" or "your") and this Website operator ("Operator", "we", "us" or "our"). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not access and use the Website and Services. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Accounts and membership
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security by emailing us at privacy@pickarmy.com. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re- register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Links to other resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. Some of the links on the Website may be "affiliate links." This means if you click on the link and purchase an item, the Operator will receive an affiliate commission. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website and Services. Your linking to any other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE OPERATOR, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OF CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF THE LIABLE PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE OPERATOR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO THE OPERATOR FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of the Website. Continued use of the Website and Services after any such changes shall constitute your consent to such changes. Policy was created with https://www.WebsitePolicies.com.
Disclaimer
Please read this “disclaimer” carefully before using pickarmy.com operated by Sports Wagering Analytics, Inc.
The content displayed on the website is the intellectual property of Sports Wagering Analytics, Inc. You may not reuse, republish, or reprint such content without our written consent. We reserve the right to change this policy at any given time, of which you will be promptly updated. If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.
By accepting these terms and conditions, you also acknowledge that you have read and agreed to Pick Army’s policy privacy.
Contacting us
If you have any questions about this Agreement, please contact us using the “Contact Us” link on our website or email us at privacy@pickarmy.com.
This document was last updated on September 1, 2020
Privacy Statement
Information that is gathered from visitors
- You may choose voluntarily to provide certain personal information to us. Personal information is information that can be used to identify you, such as your name, email address, credit card information and billing information.
- For example, you may decide to share your first and last name, email address, username and password when you create an account to log in to our network ("Account"). We need this information to set up your Account, verify your identity, and provide you with our Services.
- If you provide us feedback or contact us via email, we will collect your name and email address, as well as any other content provided in the email, in order to send you a reply, provide customer and technical support, improve and optimize our Services, satisfy our legal obligations, enforce our contracts, and address any existing or anticipated disputes.
- In common with other websites, log files are stored on the web server saving details such as the visitor's IP address, browser type, referring page and time of visit.
- Cookies may be used to remember visitor preferences when interacting with the website.
- Where registration is required, the visitor's email and a username will be stored on the server.
How the Information is used
- The information is used to enhance the vistor's experience when using the website to display personalized content and possibly advertising.
- E-mail may be sent to inform you of news of our services or offers by us or our affiliates.
- The information will be shared with our charity partners during the course of the partnership between that partner or partners and Pick Army.
Visitor Options
- If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in e-mail that you receive.
- You may be able to block cookies via your browser settings but this may prevent you from access to certain features of the website.
Refer-a-Friend
- Our Services may enable you to invite your friends to join in the fun.
- You may invite a friend to register on our Services by providing us with their email address. We will collect any email address you so provide in order to facilitate the invitation. In this case, we rely upon you to obtain any consents from the third party that may be required by law to allow us to access and upload the third party’s name and email address as required.
Cookies
- Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. Also they may be used to track your return visits to the website.
3rd party advertising companies may also use cookies for tracking purposes.
- Third Party Analytics. We use a number of service providers, such as Google Analytics, to help analyze how people use our Services ("Analytics Companies"). Analytics Companies use cookies and similar technologies to collect information pertaining to how people use our Website and Applications, what pages they visit, and what other sites they may have used prior to using our Services. We use the information we get from Analytics Companies to improve and optimize our Website, Applications, and Services.
Additional disclosures of personal information
- Leaderboards. We may share information about the “Armies” in which you participate, including information related to your win/loss records, finishes and rank.
- Social Networking Sites. Our Website, Application(s), and Services may enable you to post content to Social Networking Services (each, a "SNS") (e.g., Facebook). If you choose to do this, we will provide information to such SNSs in accordance with your elections. In such event, you acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the companies providing such SNSs. We will not be responsible or liable for: (i) the availability or accuracy of any SNS’s terms of use or privacy policy; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.
Security and retention of personal information
- The security of your information is important to us. We use reasonable administrative, technical, and physical procedures, practices, and safeguards designed to protect personal information we collect from unauthorized access, use, alteration, exfiltration, or destruction. Additionally, we will keep your information for only as long as it is needed to achieve its purpose or meet our legal obligations.
- We make concerted, good faith efforts to maintain the security of your information. Although we work hard to ensure the integrity and security of our systems, it must be recognized that no information system is 100% secure and, therefore, we cannot guarantee the security of such information. Outages, attacks, human error, system failure, unauthorized use, or other factors may compromise the security of user information at any time.
- Email Communication. We will periodically send you free newsletters and emails that contain information about our various products and Services, or other products and services we feel may be of interest to you. At any time, you can easily indicate your preference to stop receiving such communications from us, and you may opt out by following the unsubscribe instructions provided in the email you receive. Despite your indicated email preferences, we may send you service related communications, including notices of any updates to our Terms of Use and this privacy notice.
- Changing or Deleting Your Personal Information. You may change any of your personal information in your Account by simply editing it within your Account. You may request deletion of certain personal information maintained by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be legally or otherwise required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may also retain your information to prevent fraud or other unlawful activity or for similar purposes.
