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THESE TERMS OF SERVICE APPLY TO ALL USERS OF THE WEBSITE AND THE SERVICE (“USERS”, WITH EACH PARTICULAR USER HEREINAFTER REFERRED TO AS A “USER” OR “YOU” AND WITH THE CORRESPONDING MEANINGS FOR TERMS SUCH AS “YOUR”, “YOURSELF” AND SIMILAR TERMS). THEREFORE, PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE WEBSITE OR THE SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE WEBSITE OR THE SERVICE. THESE TERMS OF SERVICE MAY BE AMENDED OR UPDATED BY WHAT WINS FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF SERVICE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE WEBSITE OR USE OF THE SERVICE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF SERVICE FOR ANY CHANGES. YOUR USE OF THE WEBSITE OR THE SERVICE AFTER ANY AMENDMENTS OR UPDATES TO THESE TERMS OF SERVICE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH AMENDMENTS OR UPDATES. ANY NEW CAPABILITIES THAT MAY BE ADDED TO THE WEBSITE OR THE SERVICE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF SERVICE, UNLESS STATED OTHERWISE. THE MOST CURRENT VERSION OF THESE TERMS OF SERVICE CAN BE REVIEWED AT ANY TIME AT: www.whatwins.com.
1. The Service. What Wins Inc. and its subsidiaries (collectively, "What Wins") maintain the website to provide a service (hereinafter, and as further described in these terms of service, the “Service”) to provide “picks” for horse races. This includes access to the service through other means such as applications for mobile, hand-held, tablets, and/or other such devices. The charges for the various capabilities offered through the Service are set forth in the price list section of the website. What Wins may alter, suspend, or discontinue the website or the Service at any time and for any reason or for no reason, without notice. The website and the Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. The Service and the website may be updated periodically and new information or capabilities may be added, deleted or altered without notice. You shall not resell the Service, the use of the Service, or access to the Service or any portions of the website or the content of the website. You shall use any information or opinions provided to You via the Services only for your own personal purposes. You acknowledge and agree that What Wins shall not have any responsibility or liability whosoever for any losses or damages You may incur as a result of Your use of any information or opinions provided to You via the Services.
You acknowledge and agree that the Service may be provided with advertisements and that the presentation of these advertisements to You is necessary to enable What Wins to provide the Service. You also acknowledge and agree that What Wins may send certain communications to You, including Service-related announcements, administrative messages, and other communications, and that these messages are part of the Service and You may not elect to not receive them. If You elect to have any business dealings with anyone whose products or services may be advertised on the website or through the Service, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that What Wins shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the website and the Service and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment required to access the website and/or the Service. It is solely Your responsibility to ascertain whether any information or materials downloaded from the website or through the Service are free of viruses, worms, Trojan Horses or other malicious code.
2. Registration. You represent that You are of legal age to form a binding contract and are not a person barred from receiving online services under the laws of Canada or any other applicable jurisdiction. If You are under eighteen (18) years of age, please do not use the website or the Service. Additionally, you must warrant that you are of legal age to access gambling related information and online gambling services as the law prescribes in your jurisdiction. Furthermore, if you reside in a jurisdiction, where gambling/online gambling are not allowed under applicable law, you will not use the Service(s). You will be required to register in order to use the capabilities of the website and the Service beyond simple browsing. If You register, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by any registration functions on the website or the Service (such information being the "Registration Information"); and (b) maintain and promptly update the Registration Information to keep it true, accurate, current and complete at all times. If You provide any information that is untrue, inaccurate, not current or incomplete, or if What Wins has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, What Wins shall have the right to suspend or terminate Your right to receive the Service and any or all privileges on the website (or any portion thereof) and to refuse any and all current or future use of the Service and/or the website (or any portion thereof). As part of Your registration You will be given a Service and/or website account or accounts. You shall not allow anyone else to use Your account(s), nor shall You use anyone else’s account. You shall keep Your account password secure and You shall not provide it to anyone else. You shall immediately notify What Wins if someone else is using Your account or if You suspect there has been some unauthorized use of Your account or some breach of the security of Your account. You shall be solely responsible for all activity that occurs using Your account(s). What Wins will not be liable to You or to any third party for any use (whether authorized or unauthorized) of Your account. You acknowledge and agree that What Wins may access and/or disclose Your account and related information if required to do so by law or if What Wins has a reasonable belief that such actions are reasonably required to: (i) comply with legal obligations imposed on What Wins or any subpoenas, investigative demands, or court orders directed to What Wins; (ii) enforce or fulfill these terms of service; or (iii) protect the rights, property or safety of What Wins, other Users and/or the general public.
3. Cancellation Policy, Payment and Payment Methods. All sales are final. A sale occurs immediately when You commence the download of the Product from the Service and You will not have a right to cancel a sale once the download begins. The Product may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once the Product is downloaded, it is Your responsibility not to lose, destroy or damage the Product, and What Wins shall have no responsibility or liability to You if You lose, destroy or damage the Product. Occasionally, technical problems or file sizes may delay or prevent delivery of the Product to You. Your sole and exclusive remedy for the Product that is not delivered within a reasonable period will be either replacement of the Product or a refund of the price paid for the Product, as determined by What Wins. What Wins accepts certain credit cards as specified on the website. Billing to Your credit card occurs at the time of sale or shortly thereafter. You acknowledge that What Wins may change the price of its opinions at any time and that no price protections or refunds are provided if the price of an opinion is reduced after You have purchased it. For assistance with billing or order questions, please refer to the What Wins online support page at www.whatwins.com. You agree that What Wins and may store and use Your Registration Information (including credit card information) in connection with Your use of the Service, including, without limitation, for maintaining Your accounts and billing fees to Your credit card. You agree to pay for all opinions You purchase through the Service and What Wins may charge Your credit card for any opinion purchased and for any additional amounts (including taxes and late fees) that may be accrued by or in connection with Your account. You are responsible for timely payment of all fees and for providing What Wins with a valid credit card number. All fees will be billed to the credit card You designate during the registration process. If You want to designate a different credit card or if You want to change Your credit card information, You must change Your credit card information online in Your account using the account information capabilities of the Service or third party service.
4. Conduct. You shall not: (a) copy or distribute any part of the website or the Service (including all of the contents of the website); (b) alter or modify any part of the website or the Service; (c) upload, post, email, transmit or otherwise make available on the website or through the Service any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable; (d) upload, post, email, transmit or otherwise make available any falsehoods or misrepresentations that could damage or harm anyone or any material that could damage or harm minors in any way; (e) impersonate any person or entity or misrepresent their affiliation with a person or entity; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the website or the Service to impersonate another person or organization; (g) upload, post, email, transmit or otherwise make available any material that You do not have a right to make available under law or under a contractual relationship; (h) upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person (including privacy and publicity rights); (i) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (j) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or communications or other equipment or data or the website or the Service or that of any other Users of the website or the Service; (k) interfere with or disrupt the website or Service or servers or networks connected to the website or Service, or disobey any requirements, procedures, policies or regulations of networks connected to the website or the Service; (l) intentionally or unintentionally violate any applicable local, state, provincial, national or international law or regulation; or (m) collect or store personal data about other Users.
You also agree not to access the website or the Service in a manner that utilizes the resources of the website or the Service more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available, searchable indices of the materials on the website.
5. Intellectual Property Rights. What Wins grants you a limited, non-exclusive, personal license to use and copy the materials on the website solely the extent necessary to purchase Services or to extent necessary to browse the website to determine if You wish to purchase Services. You are not granted any right to use the materials on the website separate and apart from the website. Subject to the limited rights expressly granted in these terms of service, What Wins and its licensors shall retain all right, title and interest (including without limitation all patent rights, copyrights, trademark rights, trade secret rights and all other Intellectual Property rights), in and to the Service, the website and all of the materials on the website and any copies, corrections, bug fixes, enhancements, modifications thereof. The rights and licenses granted under terms of service are only as expressly set forth herein. No other license or right is or will be deemed to be granted, whether by implication, estoppel, inference or otherwise, by or as a result of terms of service or any conduct of any party under terms of service. If You provide What Wins with any suggestions, comments or other feedback ("Feedback") relating to the website or the Service, What Wins may use such Feedback in the website or the Service or in any other What Wins products or services (collectively, "What Wins Offerings"). Accordingly, You agree that: (a) What Wins is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to What Wins; (c) What Wins (including all of its successors and assigns and any successors and assigns of any of the What Wins Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any What Wins Offerings; and (d) You are not entitled to receive any compensation or re-imbursement of any kind from What Wins or any of the Users of the website or the Service.
6. Use of the Website and the Service. Under no circumstances will What Wins be liable in any way for any materials on the website or in the Service, including, but not limited to, for any errors or omissions in any materials on the website or in the Service, or for any loss or damage of any kind incurred as a result of the viewing or using of any materials on the website or in the Service. The information and materials on the website may contain inaccuracies or typographical errors.
7. DISCLAIMER OF ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THE WEBSITE OR THROUGH THE SERVICE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, WHAT WINS DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (i) THE INFORMATION OR MATERIALS ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED; OR (iv) THE WEBSITE AND THE SERVICE OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHAT WINS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, DURABILITY, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING OF ANY SUCH MATERIAL. WHAT WINS DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR THE SERVICE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR IN THE SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE OR IN THE SERVICE, AND WHAT WINS SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WHAT WINS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST DATA, BETTING LOSSES, REPLACEMENT PRODUCTS OR DATA, OR OTHER SIMILAR DAMAGES) THAT RESULT FROM: (I) YOUR USE OF OR YOUR INABILITY TO USE, THE WEBSITE OR THE SERVICE OR ANY OF THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES; (III) ERRORS, MISTAKES, OR INACCURACIES IN ANY MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICE; (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, THE SERVICE, ANY INFORMATION OR MATERIAL AVAILABLE THROUGHT THE WEBSITE OR THE SERVICE, OR ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR THE SERVICE; OR (V) ANY ERRORS OR OMISSIONS IN ANY OPINIONS, INFORMATION OR OTHER MATERIALS MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, THE SERVICE OR ANY OPINIONS, INFORMATION OR MATERIALS AVAILABLE THROUGHT THE WEBSITE OR THE SERVICE. THESE LIMITATIONS SHALL APPLY EVEN IF WHAT WINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
9. INDEMNIFICATION YOU SHALL INDEMNIFY AND HOLD WHAT WINS AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE OR THE SERVICE OR ANY OPINIONS, INFORMATION OR MATERIALS AVAILABLE THROUGHT THE WEBSITE OR THE SERVICE, ANY VIOLATION BY YOU OF THESE TERMS OF SERVICE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).
10. Links to Third-Party Websites. The website and the Service may contain links to other websites that are not owned or controlled by What Wins. What Wins is not responsible for the content of any linked websites. Any third-party websites or services accessed from the website or Service are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the website or in the Service of a link to any non-What Wins websites does not imply that What Wins endorses or accepts any responsibility for the content or use of any such websites, and You hereby release What Wins from all liability and/damages that may arise from Your use of such websites or receipt of services from such websites.
11. Jurisdictional Issues. What Wins does not make any representations and does not give any warranties or conditions that information and materials on the website or in the Service are appropriate or available for use outside Canada. Those who choose to access the website from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each User shall comply with all local rules regarding online conduct. These terms of service are governed and interpreted pursuant to the laws of the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to these terms of service. The application of the United Nations Convention on Contracts for the International Sale of Goods to these terms of service is expressly excluded. You agree to submit to the personal jurisdiction of the courts located within the Province of Ontario, Canada. Any dispute that You bring against What Wins arising out of or relating to these terms of service, the website, the Service or any opinions, information or materials made available through the website or the Service shall be resolved by arbitration conducted in the English language in Ottawa, Ontario, Canada. For any such arbitration, the parties shall appoint as sole arbitrator a retired judge who presided in the Province of Ontario. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, application may be made to any court for a judicial acceptance of the award or order of enforcement. What Wins shall be entitled to bring any action, proceeding or claim against You, or seek injunctive relief, security, or other equitable remedies, in any court of competent jurisdiction.
12. Termination. What Wins may, under certain circumstances and without prior notice, immediately terminate Your ability to access the website or receive the Service or portions thereof. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the terms of service or any other agreement that You may have with What Wins (including, without limitation, non-payment of any fees owed in connection with the website or the Service or otherwise owed by You to What Wins); (b) requests by law enforcement or other government agencies; (c) a request by You; (d) discontinuance or material modification to the website or the Service (or any part thereof); (e) unexpected technical, security or legal issues or problems; and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by What Wins in its sole discretion and that What Wins shall not be liable to You or any third-party for any termination of Your access to the website or the Service. Any termination of these terms of service by What Wins shall be in addition to any and all other rights and remedies that What Wins may have.
13. Enforcement of Terms and Conditions. If any part of these terms of service is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of What Wins to exercise or enforce any right or provision under these terms of service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by What Wins must be in writing and shall only apply to the specific instance identified in such writing. No waiver by What Wins of any provision of these terms of service shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to the website or the Service or Your use of the website or the Service (including any action in relation to any Products) must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
14. Copyright and Trademark Information. The website, the Service and the information and materials that contained therein, are the property of What Wins and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. What Wins is a trademark or a registered trademark of What Wins Inc. in Canada and certain countries. All What Wins product names and logos are trademarks or registered trademarks of What Wins Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on the website or in the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or the Service or any materials displayed on the website or in the Service, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of What Wins. You shall not attempt to override or circumvent any of the usage rules or restrictions on the website or in the Service.
The website is Copyright © 2011 What Wins. All rights reserved.
15. Assignment. You may not assign the terms of service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without What Wins’ prior written consent. What Wins may assign the terms of service, or any rights or licenses granted hereunder, at any time without notice.
16. Survival. In addition to Sections 8, 9, and 10, all representations, warranties and conditions made by You in these terms of service shall survive the termination of these terms of service. Unless otherwise explicitly identified as terminating elsewhere in these terms of service, all licenses granted by You in these terms of service shall survive their termination. All payment obligations incurred by You prior to the termination of these terms of service shall survive their termination.
17. Entire Agreement. These terms of service, together with any privacy policy that may be published on the website, constitute the entire agreement between the parties relating to the website and the Service and all related activities. These terms of service shall not be modified except in writing signed by both parties or by a new posting of these terms of service issued by What Wins.