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Terms & Conditions

THE DAILY STAKES INC.

Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to all associated sites owned or operated by the The Daily Stakes Inc. (“hereinafter referred to as “TDS”), its subsidiaries and affiliates including, but not limited to, TDS’ website currently located at www.thedailystakes.com (hereinafter collectively referred to as the “Site”). It is important that you read and understand these policies as they apply to you and the particular country, state, or jurisdiction where you reside. It is important for you to understand these terms and conditions before you access the Site, the content contained therein and/or using the services provided by TDS. If you do not agree to the terms and conditions regarding the use of the website and/or the services provided, please do not use the Site, the services or the content. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES AND TOOLS OFFERED BY THE SITE, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

TDS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes prior to making use of any of TDS’ sites, affiliated sites, services or otherwise. TDS will post a notification on this Site or otherwise provide notice to you if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes, please do not continue to use this Site after the date they become effective. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, TDS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. As these provisions may change from time to time, we suggest you periodically review these terms and conditions.

1. Content & Intellectual Property

All content or services provided by TDS, including but not limited to, sports betting recommendations, proposed daily fantasy lineups, patterns, strategies, platforms, processes,  historical recommendation performance, lines, odds, betting systems, fantasy trends, picks, articles, texts, data, hidden text within source code, graphics, layouts, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code or other content (collectively hereinafter the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned by TDS or its licensors, and is protected by Canadian, U.S. and international intellectual property and proprietary rights, the whole being the sole and exclusive property of TDS.

You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and TDS, TDS will retain all right, title, and interest in and to the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as specifically provided below, we reserve all rights to the Content.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with the Terms of Use and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. You may not copy, repurpose, or otherwise utilize the content for any purposes whatsoever, such Content being exclusive property of TDS.

All trademarks appearing on this Site are the property of their respective owners, including, in some instances, TDS and/or its partner companies. Nothing contained on this Site should be understood as granting you a license to use any of the copyrights, trademarks, service marks, or logos owned by TDS or by any third party.

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of TDS and others. You agree that you shall be solely responsible for any violations of any applicable laws and for any infringement of third-party rights caused by any Feedback (as defined below), User Content (as defined below), and PII (as defined below) that you provide or transmit to TDS.

All materials contained or distributed in this website (the “Materials”) are owned by TDS or its licensors. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of TDS and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials. Materials may not be used in any unauthorized manner.

2. Your Use of the Site; Restrictions

You may browse this Site and all associated content solely for your personal use and enjoyment. Except as expressly provided in these Terms of Use, no part of the Site may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, sold, distributed, or otherwise exploited in any way (including, but not limited to, by “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without TDS’ express prior written consent.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of TDS, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of TDS, including any TDS account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to PII , other than your own information, as provided for by the Site.

Accounts may not be shared and may only be used by one individual per account. You are responsible for taking reasonable steps to maintain the confidentiality of information related to your account, including your username and password, and you are responsible for all activities under your account that you can reasonably control, the whole to the complete exoneration of TDS.  You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the services offered by TDS via the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or TDS’ systems or networks, or any systems or networks connected to the Site or to TDS.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or network, such as by means of submitting a virus or any other harmful component to this Site, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Site. In addition, you agree not to use this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services. You also agree not to frame or utilize framing techniques to enclose any aspect of this Site, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” utilizing TDS’ name or trademarks without TDS’ express written consent.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to TDS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site, including, but not limited to, any Content or Materials contained therein, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TDS or others. Without limiting the generality of any terms or conditions set forth herein, in using the Site, you may not transmit or solicit: (a) any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language; (b) any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability; or (c) any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. Any violation of TDS’s system or network security may subject you to civil and/or criminal liability.

3. Feedback & User Content

Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or TDS that you provide to TDS (but excluding your PII) (collectively the “Feedback”) is deemed to be TDS’ proprietary information. TDS may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and TDS shall own all rights, title and interest in and to the Feedback and such improvements and modifications.

This Site may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms of Use. By providing any User Content on this Site, you hereby grant to TDS and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to TDS and its affiliates, and each of their respective licensees, successors, and assigns. TDS is not responsible or liable to any third party for the contents or accuracy of any User Content posted by you or any other user of the Site.

The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information (collectively referred to as “PII”) that you may provide to TDS, and which is subject to the privacy standards set forth in TDS’s Privacy Policy -please refer to same for further information. To access parts of this Site or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of this Site that all the information you provide on this Site, including, but not limited to, PII, is correct, current and complete.

4. Purchases; Other Terms and Conditions

When you purchase a digital product, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.

Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.

All prices are in United States Dollars, unless otherwise stated.

TDS reserves the right to change prices and fees at any time. We will notify you in advance if the regular rate of a product changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription or purchase from that point forward.

Applicable taxes may vary. We are not able to notify you in advance of changes in applicable taxes.

If a stated price is determined by us in our sole discretion to be in error, we are not under any obligation to offer you the product at that price. We will notify you of the error and give you the opportunity to cancel your order and obtain a refund if payment has already been made.

Your subscription may not include access to all areas of the digital product, and you may have to pay additional fees for full access. These additional charges will be clearly stated.

When you use your digital product, you may incur other additional charges from third party service providers, such as telecommunications fees, data fees or service provider fees. You are responsible for paying any additional charges.

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including, but not limited to, contests, promotions or other similar features (as further described in Section 5 below), all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. TDS may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, in accordance with the notice procedures set forth above.

You may cancel your TDS subscription at any time – however, there are no refunds for cancellation. Payments are non-refundable and there are no refunds or credits for partially used billing periods, subject to the Cancellation and Refund Policy

You can cancel your subscription to TDS at any time, and you will continue to have access to the Site and the services you have purchased for the remainder of your applicable billing cycle. To cancel your subscription, go to the Settings Page in your account on our website and follow the instructions for cancellation. If you cancel your subscription, your subscription will automatically end at the end of your current billing period.

Your subscription to TDS’ services may begin with a free or discounted trial. The duration of the trial period of your subscription will be specified during checkout and is intended to allow first-time subscribers to try our services offered via the Site. Trials require at least one valid payment method associated with your account. We will charge the subscription fee for your next billing cycle to your payment method at the end of the trial period and your subscription will automatically start unless you cancel your subscription prior to the end of the trial period. To view the applicable subscription price and end date of your trial period, visit our website and click the Settings Page once logged in. Once a charge is made, there is no refund available and you will need to follow the cancellation process to avoid being charged at the completion of your current billing period.

The introductory and/or discounted rate includes access to the respective membership level and automatically renews (see package details) at the normal membership rate unless canceled by the customer. It is the responsibility of the member to keep track of the account expiration date and cancel prior to renewal. Members can review their expiration date and/or cancel active memberships at any time by logging in and visiting the Settings Page.

If you believe someone else has used your account or you are being charged for a product you do not have, please contact us at info@thedailystakes.com .

5. Promotions, Contests, and Sweepstakes

Notwithstanding the foregoing, ownership and use of all User Content, Feedback, and PII submitted in connection with a sweepstakes, contest, giveaway or other promotion (collectively hereinafter referred to as a “Promotion”), shall be subject to the applicable Promotion’s “Official Rules” or other terms of service. If you participate in a Promotion, such terms of service, may, for example, permit TDS to contact you to verify your eligibility, use your physical address for the purposes of prize fulfillment, share your PII with third parties providing services in connection with such Promotion or for purposes of prize fulfillment, and/or use other information submitted with your entry for future marketing, such as to notify you of a product or subsequent Promotion that we think may be of interest to you. If you no longer wish to receive information about products or Promotions, you may opt out of receiving further information by clicking on the “Unsubscribe” link included in such e-mails. Please also note that if you win a Promotion, some of your PII may be disclosed on a winners list as required by law. In the event that the awarding of any prizes to winners of Promotions is challenged by any legal authority or user of the Site or services offered thereby, TDS reserves the right in its sole discretion to determine whether or not to award or deny such prizes.  For clarity, TDS shall at all times retain the right to rescind, cancel, award, deny or otherwise dictate the treatment of any prizes or awards, the whole at TDS’ sole and unfettered discretion.

6. Privacy

TDS’s Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view TDS’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private, encrypted or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

7. Third-Party Content, Links and Services

The Site may display content or tools provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of TDS making this Third-Party Content available or accessible to you, you acknowledge that TDS has not reviewed all of the Third-Party Content and that TDS is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content; you must contact the third party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by TDS or any of its subsidiaries or affiliates of any third parties or Third-Party Content. Likewise, TDS is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products. TDS may from time to time engage certain affiliates or other third parties to provide all or part of the services offered by TDS to you, and you hereby acknowledge and agree that such third-party participation is acceptable.

If TDS provides links to social media platforms, such as Facebook, Twitter or Tik Tok, and you choose to visit those websites through TDS’s links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. TDS does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there. You take complete responsibility of for such use of third-party sites to the entire exoneration of TDS.

8. Monitoring; Copyright Complaints

You agree that TDS has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in TDS’ sole discretion, any Materials and Content anywhere on this Site. Notwithstanding this right, TDS does not and cannot review all Materials, User Content, PII, and Feedback submitted to this Site. If notified, TDS may investigate an allegation that content transmitted to TDS is in violation of these Terms of Use, and TDS will determine whether to have the communication removed. However, TDS is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.

TDS may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify TDS by providing the following information:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TDS to locate the material;
  • information reasonably sufficient to permit TDS to contact you, such as an address, telephone number, and if available, an e-mail address;
  • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
  • a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the communication to TDS by e-mail to:
  E-mail: info@thedailystakes.com   E-mail Subject: “TDS Copyright Request”

9. Disclaimers

TDS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE OR FEATURE OF THE SITE WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TDS CANNOT ENSURE THAT THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TDS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES OF TDS. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST TDS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

You understand that the Site contains information about sports, fantasy sports, and sports betting, but that this information and Content does not constitute “advice”, nor does it constitute any “recommendation” on whether or how to engage in daily fantasy or sports betting activities. TDS ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK.

THE SERVICES PROVIDED BY TDS VIA THE SITE, THE CONTENT AND THE MATERIALS ARE INTENDED FOR EDUCATION PURPOSES EXCLUSIVELY, BUT IF YOU CHOOSE TO EXECUTE ANY BETTING OR TRADING SIGNALS AND UTILIZE THE SERVICES PROVIDED BY TDS VIA THE SITE, THE CONTENT OR THE MATERIALS WITH REAL MONEY IN A REAL ACCOUNT OR BET USING THE FOREGOING THEN YOU ASSUME FULL RESPONSIBILITY TO THE DECISIONS TO BUY AND SELL, PLACE WAGERS OR ASSUME RISK AS YOUR OWN DECISIONS AND ACCEPT FULL AND TOTAL RESPONSIBILITY TO THE OUTCOMES OF THESE DECISIONS INCLUDING BUT NOT LIMITED TO: VERIFYING TEST RESULTS, VERIFYING SYNCHRONIZATION OF DATA SIGNALS FROM MULTIPLE MARKETS/PROVIDERS, VERIFYING DATA WAS READILY AVAILABLE AT THE TIME OF ENTRIES, AND MORE. TDS TAKES NO RESPONSIBILITY FOR YOUR FINANCIAL GAIN OR LOSS STEMMING FROM, AMONG OTHER, YOUR USE OF THE SERVICES PROVIDED VIA THE SITE, THE CONTENT OR THE MATERIALS.

ANY ADVICE OR OPINION PROVIDED BY TDS (OR ANY AFFILIATED PARTY OR ‘DBA’) IS MEANT TO BE IMPERSONAL AND IS NOT TAILORED TO ANY INDIVIDUAL. ANY ADVICE, SIGNALS OR PRODUCTS ARE UNIFORM AND DISTRIBUTED EQUALLY TO ALL PURCHASING PARTIES. TDS DOES NOT REPRESENT HAVING ANY LICENSES, APPROVALS, CERTIFICATIONS OR OTHERWISE PERMITTING SAME TO ASSERT TAILORED OR PERSONAL ADVICE OR SERVICES, SUBJECT TO ANY PROFESSIONAL ORDER OR OTHERWISE.

10. Applicable Law and Venue; Dispute Resolution

These Terms of Use shall be governed in all respects by the laws of the province of Quebec, Canada and the federal laws of Canada, as applicable. Unless resolved amicably, any and all disputes, controversies, or differences which may arise between the parties hereto, out of or in relation to or in connection with these Terms of Use, whether directly or indrectly, or the breach thereof, shall be solely and finally settled by binding arbitration. Such arbitration shall be held in Montreal, Quebec, and shall be before a single arbitrator of TDS' choosing, at TDS' sole discretion.

11. Member Behavior

You agree that in connection with your use of the Site, the services, and the Content provided by TDS, you as a client and/or visitor will not: a. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm or attempt to harm minors in any way; c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; d. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); e. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party; f. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; g. upload, post, email or otherwise transmit 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 telecommunications equipment; h. interfere with or disrupt the website, the services, the content or servers or networks connected to the website, the services or the content, or disobey any requirements, procedures, policies or regulations of networks connected to the website, the services and/or the content; i. intentionally or unintentionally violate any applicable local, state, national or international law. j. reproduce, re-publish, download, post, transmit, distribute, copy, publicly display or otherwise use any content or any derivative works based on the website, services, content or the software, in whole or in part.

THE SITE IS INTENDED FOR ADULTS AGES 18 AND OVER. USERS UNDER 18 YEARS OLD ARE PROHIBITED FROM USING THE SITE FOR ANY PURPOSE. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE.

12. Limitation Of Liability

UNDER NO CIRCUMSTANCES ARE TDS, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF TDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Site.

TDS makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error–free, (iii) the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected in an expedient manner.

Any material or content submitted to TDS, downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the submission or download of any such material. No advice or information, whether oral or written, obtained by you from TDS or through or from the service shall create any warranty not expressly stated in these terms

Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises.

Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms of Use shall remain in full force and effect.

13. Indemnification

You hereby irrevocably agree to defend, indemnify, and hold harmless TDS and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you.

TDS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without TDS’s prior written consent.

You agree to indemnify and hold TDS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the services provided by TDS via the Site, your connection to same, your violation of the Terms of Service, or your violation of any rights of another.

14. Rights to Terminate Use

Upon termination of your account for any reason, TDS will retain your data in accordance with its Privacy Policy. Even if your account is terminated, be aware that these Terms of Use, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Use, shall so survive.

To the extent that any part of this Site offers subscriptions to users, TDS reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation.

You agree that TDS reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Site at any time where TDS has determined, in its sole discretion that the use of the Site by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO TDS AND WITHOUT ANY LIABILITY WHATSOEVER, TDS AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITE AND/OR THE SERVICES.

You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to TDS, for which monetary damages would be inadequate, and you consent to TDS obtaining any injunctive or equitable relief that TDS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies TDS may have at law or in equity.

15. Special Advice Related to Sports Wagering

If you intend to use the Service for any purpose related to gambling or wagering money or items of value on the outcome(s) of sports games or contests, you acknowledge that TDS provides no assurances whatsoever regarding the accuracy of the services, the Site or the Content or Materials, especially regarding the effectiveness of information included in the Service as applied to sports wagering and daily fantasy wagering. You acknowledge the significant risk for personal loss that may result from basing wagering decisions on information included in the services or the Site, and you agree that you will not interpret information provided by the services or the Site as a recommendation or encouragement by us for you to gamble or take part in any unlawful activities.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT WARRANT OR GUARANTEE THE PICKS (INCLUDING THE ACCURACY THEREOF) OR WINNINGS WHATSOEVER UNLESS OTHERWISE EXPRESSLY AGREED TO IN WRITING.  THE COMPANY PROVIDES PICKS WARRANTY FREE AND GUARANTEE FREE AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OR GUARANTEE, IN EACH CASE, EXPRESS OR IMPLIED OR OTHERWISE.

16. Voting

TDS may offer you the opportunity to vote in connection with certain events. By casting your vote, you are agreeing to abide by the Terms of Use and any and all voting guidelines posted on the Site.

17. Refunds

Please see our refund policy here or contact us at info@thedailystakes.com.

18. Miscellaneous

TDS’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. TDS may assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without TDS’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. If any provision of these Terms of Use is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16, along with any other provisions which by their nature should survive, shall survive any termination of these Terms of Use. These Terms of Use, together with TDS’s Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.

If you have any questions or comments regarding these Terms of Use, TDS’s Privacy Policy, or this Site, please feel free to contact TDS by e-mail at info@thedailystakes.com

These Terms of Use were last updated on March 8, 2021