Terms of Service

Terms of Service

Effective: August 13th, 2020

These Terms of Use (“Terms”) are entered into by and between FixdPicks, LLC a Wisconsin Limited Liability Company (“FixdPicks”) and you, and are made effective as of the date that you first visit this website (“Site”). When we say “you,” “your,” or “client(s),” we mean any person or entity who views, uses, accesses, or browses this Site. By accessing or using this Site, you agree to be bound by these Terms. These Terms represent the entire agreement between you and FixdPicks concerning the subject matter hereof, and supersedes any other proposals, communications, and understandings, whether written or oral, between FixdPicks and you, other than as incorporated by reference into these Terms. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of FixdPicks’ assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of United States Nothing in these Terms shall confer any third-party rights or benefits, except where specifically granted herein.  

 

Modifications to the Terms 

FixdPicks may, in its sole discretion, modify these Terms, at any time, and such changes shall be effective immediately upon posting to this Site. Your use of this Site after such changes are posted constitute your acceptance of these Terms, as last revised. If you do not agree to be bound to these Terms, please immediately discontinue use of this Site. Your continued access to and use of this Site are conditioned upon your acceptance of, and compliance with, these Terms.  

 

Cookies 

FixdPicks employs the use of cookies. By using FixdPicks' website you consent to the use of cookies in accordance with FixdPicks' privacy policy. Most of the modern-day interactive web sites use cookies to enable FixdPicks to retrieve user details for each visit. Cookies are used in some areas of FixdPicks’ site to enable the functionality of this area and ease of use for those people visiting. Some of FixdPicks’ affiliate/advertising partners may also use cookies.  

 

Ownership of Site Content and Intellectual Property 

FixdPicks owns all copyright, trademarks, service marks, and related intellectual property rights in the Site materials, including, without limitation, the Site’s software, code, data, art, graphics, animation, photographs, images, text, music, sound effects, all audio and audiovisual elements, look-and-feel, design, layout, organization, presentation, user interface, navigation, trade dress, and stylistic convention of the Site (“Site Content”). All trademarks, logos, service marks, and trade names displayed on this Site are proprietary to FixdPicks, unless otherwise acknowledged. All intellectual property rights are reserved. You may view and/or print pages from http://www.fixdpicks.com for your own personal use subject to restrictions set in these terms of service. 

 

Restrictions on Use of Site Content 

The Site does not grant ownership of any Site Content or license or right to use any Site Content. You may not  modify copy, distribute, transmit, display, perform, license, or otherwise make use of any Site Content (except where FixdPicks have given you written permission or you are otherwise permitted by law). You may not republish material Site Content, sell, rent, or reproduce any material from the site. Any use of the Site Content, other than as explicitly permitted in these Terms, is unauthorized and may be a violation of FixdPicks’ rights or other applicable laws. 

 

Termination 

FixdPicks, LLC may terminate or suspend access to this Site without prior notice or liability, for any reason. All provisions of the Terms intended to survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

 

User Comments 

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. FixdPicks does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of FixdPicks, its agents or affiliates. Comments reflect the view and opinion of the person who posts such views or opinions. To the extent permitted by applicable laws FixdPicks shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. FixdPicks reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms of Service. 

  

You warrant and represent that: 
You are entitled to post the Comments on the FixdPicks website and have all necessary licenses and consents to do so. The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary rights of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. 

  

You hereby grant to FixdPicks a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media. 

 

GENERAL DISCLAIMER 

This site is meant for entertainment purposes only and does not involve real betting. This site is meant for adult users, eighteen (18) years of age or older, only and the use of this site by minors is strictly prohibited. When you subscribe with FixdPicks you are limited to one (1) username per person/email address. An " account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g. business, educational institution etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. 

You agree that FixdPicks, in its sole discretion, may terminate your password or use of the Website and/or the Services, and remove and discard any message within the Services, for any reason, including, without limitation, for lack of use or if FixdPicks believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. FixdPicks may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that FixdPicks may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services. 

THE SITE AND THE SITE CONTENT ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. YOU USE THE SITE AT YOUR OWN RISK. FIXDPICKS, LLC MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. FIXDPICKS DOES NOT GUARANTEE THE ACCURACY, TIMELINESS, CORRECTNESS, COMPLETENESS, PERFORMANCE OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR ANY OF THE SITE CONTENT. FIXDPICKS IS NOT LIABLE FOR ANY ERRORS, OMISSIONS, OR INACCURATE SITE CONTENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES ARE DONE AT YOUROWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THORUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.  

 

LIMITATION OF LIABILITY  

EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL FIXDPICKS, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION PROHIBITS LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION SHALL NOT APPLY TO YOU. IN NO EVENT SHALL FIXDPICKS, LLC BE LIABLE FORANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS).  

 

Titles and Headings, Covenants, and Severability 

The titles and headings of these Terms are for convenience and reference only. Each covenant and provision in these Terms shall be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected and shall be valid and enforceable to the fullest extent permitted by law. 

 

Choice of Law and Dispute Resolution. 

Construction of these Terms and resolution of disputes thereof are governed by the laws of the State of Wisconsin. The laws of the state of Wisconsin, shall apply to all uses of this data and this system. By use of this system and any data contained therein, the user agrees that use shall conform to all applicable laws and regulations and user shall not violate the rights of any third parties. All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of Wisconsin or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.  

 

Contact Us 

If you have any questions about these Terms, please contact FixdPicks at info@fixdpicks.com 

 

FixdPicks, LLC