Bettor Wisdom (the “Company,” “we,” “us,” “our”) welcomes you to bettorwisdom.com (“Website”) and the services provided through the Website (the “Service”). It is crucial to the Company that you and other visitors have the best possible experience while using the Website and the Service. When you use the Service, you understand your legal rights and obligations. Please read these Terms and Conditions, which govern your use of the Service, including any content, functionality, and services offered on or through the Website. Your access to the Service is on the condition that you agree to these Terms.

No Minors. The Service is not intended for minors. Only adults (1) who are at least 21 years old and (2) who have reached the age of majority where they live may access and use the Service. The Company forbids all persons who do not meet these age requirements from accessing the Service.

Together with our Privacy Policy (the “Terms”), these Terms and Conditions govern your use of the Service, including any content, functionality, and services offered on or through the Website. By registering with and using Bettor Wisdom, you now accept and agree to be bound by and abide by these Terms. If you do not want to agree to these Terms or do not meet or comply with its provisions, you must not access or use the Service.

By registering for an account with us (your “Account”), clicking “I Accept,” or using the Service, you: (a) acknowledge that you have read these terms in their entirety, (b) agree to be bound by the terms, and (c) are authorized and able to accept these terms. If you do not want to be bound by the Terms, do not click “I Accept” and do not register with us. Declining to accept these Terms means you cannot create an Account or access the Service.

GENERAL TERMS

1. Dispute Resolution, Arbitration. Any claim, Dispute, or controversy of whatever nature arising out of or relating to these Terms shall be resolved by final and binding arbitration following the process further described in the Section titled “Dispute Resolution, Arbitration, Consent to Jurisdiction, and Attorney’s Fees” below, which, among other things, contains a binding waiver of class-wide proceedings. Please read Section titled “Dispute Resolution, Arbitration, Consent to Jurisdiction, and Attorney’s Fees” carefully;

2. Changes to the Terms. We may change the Terms at any time, but we will post a notice on the Website of any material changes, and you can see when these Terms were last revised by referring to the “Last Updated” legend above. Your continued use of Service means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.

3. Eligibility. To be eligible to register an Account, obtain a Subscription, or receive the Service, you must: (a) be a natural person who is at least 21 years of age or older and who is personally assigned to the email address submitted during your Account registration, (b) have the legal authority to enter into a contract with Bettor Wisdom, (c) be physically located within a US state or country in which use of the Service is unrestricted by that state’s/country’s laws, and (d) at all times abide by these Terms. If any of these requirements are not met, we may suspend or close your Account with or without notice.

4. Your Account. When you create an Account, you will be asked to create a password which you’ll need to use the Service and provide a valid email address that you control. As a registered user, you can update your Account settings, including your email address, by clicking on the “Login” button at the top right-hand corner of every page. As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all the benefits. You may not allow any other person to (a) access your Account or (b) access the Service through your Account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or your account’s security.

SERVICES

1. Our Service. With or without notice to you, we may (a) modify, suspend or terminate your access to the Website and Service, and (b) interrupt the operation of the Website and Service as necessary to perform maintenance, error correction, or other work. We may suspend and close the Account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms at any time without notice.

2. Data and Analytics. As part of the Service, we give you the option to subscribe to our Service to obtain information for making decisions regarding certain sporting events (the “Picks” or “Plays”). You expressly acknowledge and agree that Bettor Wisdom, its agents, officers, directors, managers, members, employees, contractors, or sales personnel are in no way responsible for any decisions, financial or otherwise, you or those acting at your direction, make concerning the Picks or any other information related to the Picks or any information on the Service or any links provided on the Website or otherwise. The Company does not offer bookmaking services or gambling services. The Company does not provide investment advice, and none of the Picks or Plays, nor any information on the Service, is to be construed as or deemed investment advice.

3. Subscriptions and Billing. 
   • Although portions of the Service may be offered for free, specific uses of the Service are restricted to those users who choose to pay a fee in exchange for access to certain parts of the Service. You agree that your Account is for individual use only and may not be shared with other individuals. Your Picks will continue in effect per the terms of your subscription until you cancel your subscription or your Account is suspended or terminated per these Terms. Subscription fees are billed corresponding to the day you begin your Picks subscription. You must cancel your Picks or Plays subscription before it renews to avoid the next billing. Our third-party service provider will bill your Picks or Plays subscription fee plus any applicable taxes to the payment method you provide. If you cancel your subscription, the cancellation will be effective at the end of the current period for your Picks subscription.
   • You can cancel your subscription via your Account page or request a cancellation via email to our support team at support@bettorwisdom.com. We reserve the right to terminate your Account or access the Service if you fail to pay Picks subscription amounts due by providing a valid payment method. You will remain liable for all accrued charges under your Account, including all costs we incur in connection with the collection of overdue payments.
   • The Company may offer free trials to new paid Service subscriptions. If you purchase a subscription to a paid service that includes a free trial, you will receive free access to that paid Service for the free trial period. At the end of the applicable free trial period, you will be charged the subscription price and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
   • If you believe that the Company has charged you in error, you must notify the Company in writing no later than 30 days after receiving the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within these 30 days, you waive any disputed charges. You must submit any billing disputes by email to support@bettorwisdom.com and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes made by the Company in a bill and add or credit them against your future payments.
   • Any purchase made on Bettor Wisdom resulting in a chargeback to the Company will cause you and your Account to be immediately and permanently suspended.

4. Third-Party Sites. You may be able to access third-party websites or services via the Service or Website. We are not responsible for third-party websites, services, or Content available through those third-party services. You are solely responsible for your dealings with third parties (including advertisers). Your use of third-party software, websites, or services may be subject to that third party’s privacy policy and terms and conditions.

COMPLIANCE WITH LAWS

1. Prohibited States and Countries. You acknowledge that various rules, regulations, and laws addressing sweepstakes, contests, and tournaments with entry fees and prizes govern your participation in cash-based competitions (“Gaming Laws”) and that Gaming Laws are set up by each state and country. Therefore, the Service is not intended to be used in connection with cash-based competitions in any geographic location in which such competitions violate its Gaming Laws.

2. Additional Laws. In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Service, including without limitation US export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. The Service is void where prohibited or restricted by applicable laws. Your use of the Service is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.

3. Legal Disclaimers. We make no representations or warranties, express or implied, as to the lawfulness of your use of the Service, nor shall any person affiliated, or claiming affiliation, with us have the authority to make any such representations or warranties.

YOUR REPRESENTATIONS AND WARRANTIES TO US

1. You represent and warrant to us that (a) you have the right, authority, and capacity to agree to these Terms, to register for an Account, and to receive the Service; and (b) you will comply with these Terms when receiving the Service, and using the Website; and (c) all information you supply to us is complete, accurate and current.

2. You represent and warrant to us that you shall not, directly or indirectly, sell, exchange, trade, barter, or otherwise commercially exploit the Picks or Plays, or give away the Picks, or otherwise aid, direct, encourage, or help, directly or indirectly, any other person or entity in any of the preceding, and that any such action is expressly prohibited and a material breach of these Terms. In addition to any rights and remedies that the Company may have at law or equity due to your violation of these Terms, you agree that the Company may cancel, suspend, or terminate any or all subscriptions you may have with the Company.

YOUR INDEMNIFICATION OF US

You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees, and agents harmless from and against all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (a) your breach of these Terms; (b) any use of your Account by any person; and (c) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the preceding using counsel reasonably acceptable to us.

PRIVACY

We are committed to your privacy. Our Privacy Policy, the terms of which are incorporated into these Terms as if outlined in their entirety, explains the policies put in place and used by us to protect your privacy as you visit the Website or use the Service. This reference makes its terms a part of these Terms. We receive, store, and use all information you submit to the Website and all information you submit in registering for and participating in the Service, per the Privacy Policy, so please read it carefully.

ACCEPTABLE USE POLICY

1. Rules of Conduct. You are personally responsible for your use of the Service and Website. While using the Service and Website, you must conduct yourself lawfully and respectfully following our rules below. We may temporarily or permanently suspend users who violate these rules, or who abuse email communications or support communications, as determined at our sole discretion.
   • Impersonating other users is not allowed.
   • Do not share personal information (your name, phone number, home address, and password) with other users.
   • You may not attempt to participate in any part of the Service utilizing automatic, macro, programmed, or similar methods.
   • You may not commit fraud concerning any part of the Service.
   • You may not attempt to impersonate the Service or deceive another user to obtain Picks illicitly, Plays, passwords, account information, etc. (aka “scamming”).
   • You may not make any commercial use of any of the information provided on the Website or through the Service, nor make any use of the Website or Service for the benefit of a business.

2. Hacking, Tampering, or Unauthorized Access. Any attempt to gain unauthorized access to our systems or any other user’s Account, interfere with procedures or performance of the Service, Picks, Plays, or Website, or deliberately damage or undermine the Service, Picks, Plays, or Website is subject to civil and criminal prosecution and will result in immediate termination of your Account. You acknowledge that we are not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or your Account.

3. Restrictions. Any use, reproduction, or redistribution of the Service, Picks, Plays, Website, or related products or services not expressly authorized by these Terms is prohibited. You may not engage in, or assist others in engaging in, conduct that would damage or impair our property, including, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (b) providing unauthorized means through which others may use the Service such as through server emulators; (c) taking actions that impose an unreasonable or disproportionately large load on our or our suppliers’ network infrastructure, or that could damage, disable, overburden, or impair our Websites, Picks, Plays, or Service; (d) interfering with any other party’s use and enjoyment of the Service or the Website; and (e) attempting to gain unauthorized access to third-party accounts, the Service, or Website.

PROPRIETARY RIGHTS

1. Your Content. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit, and display all communications, materials, Content, and information that you submit to us, whether directly or through the Website or Service (“Content”), and waive any moral rights you may have in the Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions, or the like, will be treated as non-confidential and non-proprietary. Subject to these Terms, we may use Content for any purpose, without any compensation, accounting, or other liability or obligation to you. If you use or share Content in a way that infringes others’ copyrights, trademarks, other intellectual property rights, or privacy rights, you are breaching these Terms. You represent and warrant to us that for these Terms, you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section, will not violate any Applicable Laws. If your Account is canceled or terminated, we may permanently delete your Content from our servers and we have no obligation to return Content to you.

2. Ownership. All Content of the Website, the Picks, the Plays, and the Service, and all Bettor Wisdom products and services, and all Bettor Wisdom logos, Picks, Plays, subscription names, expansion names and symbols, trade dress, or “look and feel,” and all derivative works or modifications of any of the preceding. All related and underlying intellectual property (including patents, trademarks, trade secrets, and copyrights) are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein: no right or license is granted hereunder, express or implied or estoppel, to any intellectual property rights. Your use of the Service does not convey or imply the right to use the Service in combination with any other information or products.

TERM AND TERMINATION

These Terms apply to you and us from the date you accept them until the termination of your Account (whether by deactivation, cancellation, closure, expiration, or termination by you or us). You may terminate these Terms at any time and for any reason by going to your Account and following the account closure process. Upon termination of your Account, you must immediately discontinue use of the Service and your Account and promptly delete all copies of Picks or Plays you may have stored. Immediately upon termination of your Account, all licenses and rights granted to you under these Terms automatically terminate. Your obligation to pay accrued fees will survive any termination of these Terms. All terms and conditions within these Terms, which should, by their nature, survive termination of these Terms, will survive such termination.

DISCLAIMERS

1. We strive to keep Service running consistently; however, all online services suffer occasional disruptions and outages. We are not responsible or liable for any disruption or loss you may suffer as a result.

2. All services, products, information, and data provided or made available by us are “as is” and without warranty of any kind, either expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, and you assume the entire risk concerning it. We make no representation, warranty, or guarantee that the Service, your Account, and the Website will be secure, virus-free, uninterrupted, or error-free, or that the same will function properly in combination with any third-party component, technology, hardware, software, or system.

3. We are not responsible or liable for any damage, loss, or injury resulting from, relating to, or arising out of (a) use, access, or attempted use or access of Service, the Picks, the Plays, or the Website; (b) downloading any information from the Service or Website; and (c) violations of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.

4. Some states and countries do not allow the disclaimer of implied warranties; as such, the preceding disclaimer may not apply to you in its entirety.

5. Any information or written material provided by Bettor Wisdom, including, but not limited to, information or written material concerning third-party vendors or service providers, should not be construed as advice or an endorsement or recommendation given by Bettor Wisdom.

6. All subject matter provided on Bettor Wisdom is for informational and entertainment purposes only. We will not be liable for any destructions or compensations that may result from falsifying age by a Website user. The Website’s owners make no claims as to the exactness or completeness of any material neither on this site nor by any third-party links discovered.

7. Opinions expressed are current opinions only as of the date indicated. Bettor Wisdom accepts no responsibility for updating any opinions or other information contained in this material.

8. While Internet gambling is legal in over 80 countries, activities offered by advertising links to other websites may be deemed illegal in your jurisdiction. The viewer’s responsibility is to inquire into the legality of partaking in any games and activities before proceeding. If you access this Website from outside the United States, you do so at your own risk and are accountable for amenability through your local authority.

9. The Website’s owners assume no responsibility for the actions rendered by the viewer; we do not endorse any of these games and activities. As a condition of viewing this Website, viewers agree to hold the owners of this Company innocent from any claims arising from the viewer’s participation in any of the games and or/activities offered by the advertiser.

10. There are no guarantees of any predicted outcomes. The consulting fees set forth herein have been fully earned upon receipt thereof. Should you terminate this agreement before its completion, no refunds will be issued as the consulting fee was fully earned upon payment.
    
11. Bettor Wisdom reserves the unconditional right to terminate a member’s subscription, without refund, for abusive, threatening, and harassing behavior directed at any member of Bettor Wisdom, including but not limited to its President and CEO.  By becoming a client of Bettor Wisdom, you expressly acknowledge that you have read, understood, and agreed to the terms and conditions of this policy as enumerated herein. You also agree that releasing confidential plays will immediately terminate your membership without a refund.

12. Bettor Wisdom does not offer bookmaking services or gambling capabilities on its Website. 

13. Bettor Wisdom does not condone or encourage gambling in any form. Bettor Wisdom is simply an opinion-based service. If you encounter gambling problems, please contact gambling help authorities.

LIMITATIONS OF LIABILITY

1. Neither we, nor our suppliers or licensors, will be liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits, lost data, or loss of goodwill), or incidental damages arising out of or relating to these terms, the Website, or any information, services, products, picks, or software made available or accessible to you, whether based on a claim or action of contract, warranty, negligence, strict liability, or other torts, breach of any statutory duty, indemnity or contribution, or otherwise, even if we or our third-party suppliers or licensors have been advised of the possibility of such liability.

2. Our maximum liability to you arising from or connected to these terms shall not exceed $10.00 (US). The existence of one or more claims by you will not increase our liability. In no event shall our suppliers or licensors have any liability arising from or connected to our products, information, or services.

3. Certain states and countries do not allow limitations of liability for incidental, consequential, or other types of damages; as such, the limitations and exclusions outlined in this Section may not apply to you.

THIRD-PARTY LINKS

The Service or third parties may provide links to other World Wide Web sites, applications, or resources. Because Bettor Wisdom has no control over such sites, applications, and resources, you acknowledge and agree that Bettor Wisdom is not responsible for the availability of such external sites, applications, or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Bettor Wisdom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.

SOCIAL MEDIA

The following terms apply if you access any of the social media pages, accounts, sites, channels, and any application(s) within the said pages, accounts, sites, channels, and podcasts that have been established and administered by Bettor Wisdom (each individually referred to as a “Social Media Page,” collectively referred to as the “Social Media Pages”). The term “Websites” (defined earlier in these Terms) includes Social Media Pages. The term “Social Media Page Website” refers to the Website which hosts the Social Media Pages you are accessing.

SOCIAL MEDIA DISCLAIMER

Each Social Media Page is intended to discuss Bettor Wisdom and its products and services. All users of the Social Media Pages must comply with the applicable Social Media Page Website’s Terms of Use and Bettor Wisdom Social Media Terms of Use (see below) for the appropriate Social Media Page. If you have concerns about anything posted on our Social Media Pages, please contact us at support@bettorwisdom.com. 

Bettor Wisdom and its affiliates or related entities, their successors and assigns, and their respective directors, officers, and employees are not liable for any errors or omissions on any Social Media Page or for any loss or damages suffered as a result of anything appearing on any Social Media Page. Any information or views provided on our Social Media Pages are current as of the date indicated and are subject to change without notice. Any information provided on a Social Media Page is for information purposes only and does not constitute any financial, legal, tax, investment, or other advice. Where such statements are based on information provided by third parties, they are not guaranteed to be accurate or complete. Any graphs, charts, or graphics are used only for illustrative purposes and do not reflect any future event, value, or investment performance. Bettor Wisdom is not responsible for anything posted to any Social Media Page by third parties and provides no representation, warranty, or condition as to the accuracy or completeness of the information contained in such material. The views expressed on our Social Media Pages do not necessarily represent or reflect the opinions of Bettor Wisdom. Bettor Wisdom is not responsible for and disclaims any liability concerning anything posted by contributors to or users of our Social Media Pages.

SOCIAL MEDIA TERMS OF USE

The below Terms of Use apply to those who use any of our Social Media Pages and any application(s) within a Social Media Page. By using a Social Media Page and submitting a comment, photo, video, links, and other materials or Content (including third-party content) (“Content”), you (and your parent/legal guardian if you are under the age of majority in your jurisdiction of residence) agree to be bound by Bettor Wisdom Terms of Use.

Bettor Wisdom reserves the right, in its sole discretion, without notice, to remove any Content that does not adhere to these Terms of Use. You agree to the following when posting or submitting any Content to a Social Media Page:

1. You will not post any Content on any Social Media Page that may be inappropriate. This means that any Content you submit, including linked Content, must not be inappropriate, abusive, or otherwise offensive and must not contain, depict or involve (without limitation) any of the following:
   • Profanity or otherwise offensive language;
   • Nudity or pornographic material;
   • Derogatory characterizations of any ethnic, racial, gender, professional, age, or religious groups;
   • Content that endorses or condones any illegal, inappropriate, or risky activity or behavior or any particular political party, agenda, or message;
   • Any Content that defames, misrepresents, or contains disparaging remarks about other people, products, or companies;
   • Content that endorses any form of hate or hate group;

2. You will not post or submit any third-party Content unless you have first obtained consent from the Content owner. By posting and submitting Content to a Social Media Page, you represent that you have the right to share the material in your submitted Content, including intellectual property such as, but not limited to, trademarks and copyrighted material. For example:
   • You must obtain consent from everyone who helped you create the Content (e.g., photographers, videographers, etc.).
   • You cannot post, submit, or otherwise use (in any Content you post) any music, logos, trademarks, or other copyrighted materials (e.g., photographs, pictures, texts, lyrics, etc.) unless you have first obtained consent from the owner of such materials.

3. You will not post or submit personal information about yourself or third parties (e.g., addresses, phone numbers, email addresses) or disclose any financial information about yourself or others on any Social Media Page.

4. You will not post Content that contains images, photos, or likenesses of individuals, including and without limitation, celebrities, and other public or private figures, unless you first obtain consent from every identifiable person (and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence) who appears in your posted Content (note: if you cannot obtain the appropriate consent for an identifiable individual arising in your posted Content, then their face must be blurred out or otherwise made unidentifiable).

5. You will not post Content containing advertisements, personal or commercial solicitations, “spam” or junk mail content, or references to other websites.

You now agree to release and hold harmless Bettor Wisdom from and against all claims based on any Content you post and submit, including (without limitation) claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property-related cause of action.

Our Social Media Pages and all Content are provided “as is.” By accessing and using a Social Media Page, you acknowledge and agree that the use of such Social Media Page and the Content is entirely at your own risk. Bettor Wisdom is not liable for any errors or omissions in the information provided on any Social Media Page or for any loss or damages suffered from the information and materials appearing on any Social Media Page or relating to any other matter.

DISPUTE RESOLUTION, ARBITRATION, CONSENT TO JURISDICTION, AND ATTORNEY’S FEES

1. General. This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term “Dispute” means any dispute, action, or other controversies between you and us concerning these Terms, the Service, the Picks, the Plays, or any product, Service, or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, a written statement that sets forth the name, address, and contact information of the party granting it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by email to support@bettorwisdom.com. We will send any Notice of Dispute to you to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or we may commence arbitration.
2. Binding arbitration. Suppose you and we do not resolve any Dispute by informal negotiation. In that case, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
3. Class action waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
4. Arbitration procedure. Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You and we each agree to commence arbitration only in a city of Bettor Wisdom’s choosing. You may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually and only to the extent required to satisfy your claim. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules. The arbitrator may award compensatory damages but shall NOT be authorized to award non-economic damages, such as for emotional distress, pain and suffering, or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, costs, and disbursements arising out of the arbitration and shall pay an equal share of the fees and expenses of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and the fees and expenses of the arbitrator. Within fifteen (15) calendar days after the conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Any court of competent jurisdiction may enter judgment on the award. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections that may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
5. Claims or Disputes must be filed within one year. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or Dispute is not filed within one year, it will be permanently barred.
6. Equitable Relief. You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy, we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled, without bond, additional security, or proof of damages, to seek appropriate equitable remedies concerning your violation of these Terms in any court of competent jurisdiction.
7. Jurisdiction and Forum. You agree that any arbitration as described in the proceeding sections shall be held in the courts of competent jurisdiction within a city and county of Bettor Wisdom’s choosing (the “Forum”). Any court with jurisdiction may enter judgment on the award rendered by the arbitrator.

REFUND POLICY

Due to the nature of the provided information, there are absolutely no refunds unless stated otherwise. You may cancel your subscription at any time, and you will have access to all information until the date your subscription was initially set to expire. You can cancel your Account at any time, for any reason. As stated above, we cannot issue refunds after you have canceled your subscription.

MISCELLANEOUS

1. These Terms constitute the entire agreement between you and us about the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations, and discussions, whether oral or written. As provided above, these Terms cannot be modified by you and may only be modified by us. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. Suppose any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction. In that case, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy shall be exclusive of any other, whether at law or in equity, including damages, injunctive relief, attorneys’ fees and expenses. We may assign these Terms, in whole or in part, without notice. You may not assign these Terms or transfer any rights to use the Service, Picks, or the Website. You consent to our providing you notifications about the Service or information the law requires us to provide via email to the address you specified when you created your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notifications electronically, you must close your Account. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.

2. A printed version of these Terms and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

3. Please send any questions or comments to Bettor Wisdom Customer Support – support@bettorwisdom.com.