Introduction 

Payback Picking (“Payback,” “us,” “our,” and “we”) strives to be the number one resource for our users to receive trusted and actionable information and analysis on various sports teams and players that support the reasoning behind our suggested picks and can be used by users for their entertainment purposes and to make their own independent picks.  Even though this information can be used to gamble, Payback is not a gambling website and we do not support, provide access to, or facilitate any form of gambling or playing games of chance. 

www.paybackpicking.com (“Website”) is for entertainment and informational and entertainment purposes only. All information provided is for entertainment purposes only, and if you choose to use the information to gamble, you do so at your own risk. Additionally, any information that we provide detailing past gambling wins, past accurate picks, or similar or related information, is also provided for informational purposes only. We do not guarantee any profit or winnings if you choose to use the information provided on our Website to gamble. 

If you choose to gamble, then you should only bet what you can afford and be prepared to lose the entirety of the amount of your wager. 

We do not endorse or recommend gambling websites nor will we help you place a bet.  Gambling is not legal in all jurisdictions and you are solely responsible to determine the legality of your chosen form of gambling. We do not provide any advice on the legality of any online or offline gambling, and it is your sole responsibility to understand the gambling laws applicable to you and to comply with them. Please see section XIII “Gambling Disclaimer” below for additional information.

Agreement   

Payback is legally owned by Make a Mark Records, Inc. dba Payback Picking, 2981-2991 Hempstead Tpke, #1054, Levittown, NY 11756.  By clicking “sign up,” or “join now,” or any version of that phrase, registering with us, and accessing and using our services, you are demonstrating your consent to enter into this Agreement with Make a Mark Records, Inc., dba Payback Picking. If you do not agree to enter into this contract then please do not click on those links, register with us, or access or use our services.  

If at any point after creating an account with us, you decide that you no longer want to be an account holder and wish to terminate this Agreement, you can do so by emailing [email protected]. Please note that doing so will be subject to the Termination provision listed below in section XI, and you may still have a financial obligation to us and/or forfeit any fees already paid as a result of the termination.  

WE RECOMMEND AND ENCOURAGE ALL ACCOUNT HOLDERS TO FULLY READ THIS AGREEMENT AND IF NECESSARY, CONSULT WITH THEIR LEGAL COUNSEL, BEFORE OPENING AN ACCOUNT WITH US SO THEY FULLY UNDERSTAND THE TERMS OF OUR RELATIONSHIP. 

THESE TERMS CONTAIN PROVISIONS THAT WILL GOVERN HOW DISPUTES BETWEEN YOU AND US WILL BE RESOLVED, AND THEY INCLUDE A WAIVER OF A JURY TRIAL AND A WAIVER OF YOUR ABILITY TO BRING A CLASS ACTION LAWSUIT AGAINST US. 

Eligibility 

You must be 18 years or older to sign up for an account with us. Your account is for your 

personal use only and access to the same may not be shared with any other person or entity. Additionally, information regarding your account and the information provided via our services may not be used for any commercial purpose or shared with any other person or entity. 

Payback reserves the right to suspend or terminate your accounts for any or no reason as per the terms of the Termination provision in section XI.

Your use of the Services 

Our services consist of providing trusted and actionable information and analysis on various sports teams and players that can be paired with suggested picks and betting information. Subject to the terms of this Agreement, Payback grants you a royalty-free, non-exclusive, and nontransferable, right and license to access our Website and the services provided. While we do our best to post accurate and actionable information, we do not guarantee that this information will be error free or provide sufficient analysis for the purposes that you may wish to use it for. 

Account Holder Responsibilities 

As an account holder, and as a condition to maintain your account, you agree to: 

1. use a strong password to access your account and keep your password confidential; 
2. not transfer, sell or share any part of or access to your account a third-party; 
3. not create more than one account; 
4. not to use your account for any illegal, harassing, or fraudulent purpose; and 
5. notify us as soon as possible if your account is compromised, hacked, taken over by an unauthorized person, or any other related incident occurs.  

Restrictions on Your Use of the Services

You agree to not: (i) access or use the services for any illegal or criminal reasons or purposes (including illegal gambling); (ii) access or use the services for any competitive purposes (i.e., attempting to create a similar service); (iii) market, sublicense, resell, lease, transfer, or otherwise commercially exploit or make the Service available to any third party, or (iv) modify, create derivative work of, reverse engineer, decompile, attempt to gain access to the source code of, or attempt to or copy the Service or any portions thereof (each, a “Prohibited Use”). You also agree to not intentionally support or allow a third party to commit a Prohibited Use, and if you learn that a third party has committed a Prohibited Use, you will consider it a cyber incident and report it to Payback as outlined in this Agreement.

Payback’s Pick Programs 

Payback has different pick options for our users and they can be found here.  

All of our programs are rated on a star value with 1 star being the lowest and 5 stars being the highest. Our more frequent selections (Daily, Weekly, Monthly, and Season programs) provide picks that are rated either 1, 2, or 3 stars.  Our Elite Picks (5 Star Special and Let It Ride programs) are all 5 star picks.  

Stars are assigned based on our analysis of all available information and convey our confidence in the potential success rate of the pick. We do not make any picks without a certain level of confidence in the pick and lower star are not low percentage selections, but instead represent our factoring in uncertain variables that may affect the pick (i.e., weather, players, surprise comebacks, etc.), while higher star picks have more certain variables considered.  

Regardless of the star value of a pick we do not and cannot guarantee the accuracy or success of any pick. 

Prices and Payment Methods 

All prices displayed on the Website are quoted in U.S. Dollars, and do not include any requiring processing fees (i.e., credit card processing fees). We reserve the right to change the prices of any Services at any time without notice to you.

Payment for the Services is facilitated by our third-party payment processor, Stripe, who accepts most major forms of payment. You can learn more about Stripe’s Payment Terms here: https://stripe.com/legal/payment-terms.

Despite our best efforts, pricing errors may occur on our Website and the temporary display of an incorrect price or a typographical error in posting a price will not constitute the right to purchase our services at the lower price. 

No Refunds

All payments are final and NO REFUNDS will be issued at any time. 

Availability of and Changes to Service

We cannot guarantee that the Services will always function, be safe and secure, or error free, or that they will function without disruptions, delays, or imperfections. We do not control and are responsible for any issues with your internet access or service, which is required to access your account. We may also need to perform maintenance that requires shutting down our Website or other services, from time to time, and thus, our services will not be available to you during those times. We may change, suspend, or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.

Term and Termination

The Term of this Agreement begins on the date that you sign up for an account with Payback and ends when that account is terminated.  

Termination for Any Reason:

This Agreement and your account may be terminated for any or no reason, on 10 days written notice, sent either from Payback to the email you used to sign up for your account, or from your account to us via [email protected]

Termination for Cause: 

Payback may terminate this Agreement and your account immediately, without any written notice, if you are found to have breached any of the provisions of this Agreement. This includes signing up for multiple accounts to take advantage of new account offers, and sharing picks or information on social media, among other grievances. 

Effect of Termination:

Regardless of why your account and this Agreement was terminated, once they are terminated, your account will be immediately deactivated and your information will be deleted, with the exception of any payment or sales information that we must keep for our legal records. Depending on the Services you had purchased from us, you will still be responsible for any fees and charges ownable and due. 

Upon any termination of the Service all corresponding rights, obligations, and licenses of the parties shall cease, except that (i) all obligations that accrued prior to the effective date of termination (including without limitation, all payment obligations) shall survive and (ii) the terms that expressly or by their nature contemplate performance after termination or expiration will survive and continue in full force and effect.

Proprietary Information and Confidentiality 

Payback owns and retains all rights, title, and interest in and to all data displayed, posted on, shared on, sent from, communicated by, and created by the Website, including but not limited to the Picks (“Payback Data”). Users own and retain all rights and title to the Personal Information they enter into their account (“User Data”).

“Confidential Information” means Payback Data and User Data  that that is confidential or proprietary in nature, or that is specifically labeled or identified as confidential or proprietary, or that should be reasonably understood to be confidential or proprietary due to the nature and circumstances of it disclosure, which is provided by a Party (“Disclosing Party”) to the other Party (“Receiving Party”) constitutes the Disclosing Party’s “Confidential Information.” Confidential Information does not include any information that is: (i) already known to the receiving party before any information was shared by the Disclosing Party and is not subject to any other confidentiality obligation besides under this Agreement; (ii) publicly known or becomes publicly known through no unauthorized act of the Receiving Party; (iii) lawfully received from a third party that does not have a confidentiality obligation to the Disclosing Party; or (iv) independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.

The Receiving Party will use the other Disclosing Party’s Confidential Information only as necessary to perform the Receiving Party’s obligations under this Agreement. The Receiving Party will not: (i) disclose the Confidential Information to any other third party, unless it has the express written consent of the Disclosing Party or it is required to by a Judicial, Court or other Legal Order with regards to the same; or (ii) store the Confidential Information in an unsecure manner. 

Notwithstanding the following, the Receiving Party may share the Confidential Information as needed with its employees, agents, subcontractors and representatives (each a “Representative”) who have a need to access such Confidential Information in order to support or assist the Receiving Party in fulfilling its obligations under this Agreement and who are bound by contractual confidentiality and data security obligations that are at least as restrictive as those contained in this Agreement. Each Party shall remain responsible for any breach of confidentiality by any of its Representatives and shall indemnify and hold harmless the Disclosing Party in the event of a compromise.

It will not be a violation of the Receiving Party’s confidentiality obligations if the Receiving Party is required to disclose the Disclosing Party’s Confidential Information because of a Judicial or Court Order, or via applicable laws or other Legal methods compelling such disclosure. 

Gambling Information and Disclaimer

All content, materials, programs, services, and software contained on or made available by the Site are for entertainment, educational, and informational purposes only.  Any use of the foregoing in violation of local, state, federal, provincial, or national law is strictly prohibited.  Payback does not warrant the legality of any particular gambling activities in any user’s specific location.  Laws and regulations constantly change, and it is the user’s responsibility to ensure that any gambling actions or behaviors they undertake are legal in their relevant jurisdiction, including without limitation ensuring that they meet all age and other regulatory requirements prior to registering an account at any gambling site listed or referenced within the Site. Customers shall be solely responsible for any taxes owed on gambling winnings, whether the same are earned by using any of the information provided in connection with the Services or not.

There is nothing contained in the Site that constitutes any guarantee of winning any online gambling or online sports betting bet or wager that you may undertake, nor is there any intention to induce you or any other person into engaging in any gambling or sports betting activities or violating any local, state or federal law or regulation.   All sports tips provided are the author’s opinions, and users are encouraged to use this information in order to form their own opinion on the outcome of a sporting event.  Please note that all forms of online gambling and sports betting carry with them a certain degree of financial risk, as such you should be aware of this risk and govern yourself accordingly. Moreover, you should exercise responsibility when engaging in any online gambling or online sports betting activities.  Your use of the information available on the Site or via the Services may result in the loss of any monies you so choose to gamble or wager, therefore we recommend that you only gamble with funds that you can comfortably afford to lose.

Payback is not a gambling operator and does not accept or place wagers of any type, and functions independently from any online gambling operator’s control.  Our Website itself does not directly offer or provide real currency gambling services of any kind.  However, this does not prohibit or limit Payback in any way from receiving compensation for the services accessible on the Website.

The Website makes commercially reasonable efforts to ensure that all published content is accurate at the time of publication, but does not explicitly or implicitly guarantee the completeness, correctness, timeliness, or perpetuation of the subject matter provided, nor that any errors or omissions will be corrected, deleted, or otherwise made fit for their purpose.  Payback is not responsible for, and expressly disclaims all liability for, damages of any kind arising out of use, reference to, or reliance on any information contained within the Website. Any advice provided on the Website should not be considered as legal or professional advice in any way, and we cannot be held responsible for any damage or loss, financial or otherwise, that maybe be incurred as a result of gambling and/or as a result of following the tips provided on the Website.

If you believe you have a gambling problem, please visit any of the below helplines. All of these resources are available 24/7, 365 days a year, and are completely confidential.

• National Problem Gambling Helpline – Phone line and mobile text and chat services. Available in all 50 states, Canada, and the Virgin Islands. 1-800-522-4700.

• Gamblers Anonymous – This national organization helps people connect with local GA groups or virtual meetings. Use their hotline directory to find a hotline in your state.

• SAMHSA’s National Helpline – This helpline is run by the Substance Abuse and Mental Health Services Administration, and can help connect you to local treatment, support groups, and other community organizations. 1-800-487-4889.

Indemnity

User hereby agrees to indemnify, defend, and hold Payback, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, partners, employees, contractors and consultants harmless from and against any and all claims, damages (whether direct, indirect, incidental, consequential, or otherwise), losses, liabilities, costs, and expenses, including without limitation attorney’s fees, arising out of (i) user’s use of or conduct in connection with the Service, including without limitation breach of any representation, warranty, or other obligation, or claims related to illegal gambling made herein; (ii) disputes between user and third parties in connection with the Service; or (iii) gross negligence or willful misconduct.

Limitation of Liability

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE USE OF THE SERVICES. AS SUCH, THE SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND PAYBACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PAYBACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL PAYBACK BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. 

THIS LIMITATION OF LIABILITY SECTION DOES NOT APPLY TO NEW JERSEY RESIDENTS. IN ADDITION TO NEW JERSEY, OTHER STATE LAWS ALSO DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  

NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT PAYBACK IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY SERVICE, PAYBACK’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT SERVICE. 

JURISDICTION; ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

WE BOTH AGREE TO ARBITRATE: You and Payback agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent You have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Website, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this Arbitration Agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures in front of one arbitrator. If there is a conflict between JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267. To initiate arbitration, You or we must do the following things:

(1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.

(2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to Your local JAMS office or to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, CA 94111.

(3) Send one copy of the Demand for Arbitration to the other party.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If travelling to New York is a burden, You may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for Your portion of the arbitration administrative costs (but not Your attorneys’ fees). Arbitration under this Arbitration Agreement shall be held in the United States in New York, NY under New York law without regard to its conflict of laws provisions. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of You and Payback, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and these Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and us.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between You and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND PAYBACK WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS ARBITRATION AGREEMENT.

OPT-OUT OF ARBITRATION AGREEMENT: You can decline this Arbitration Agreement by emailing us at [email protected] and providing the requested information as follows: (1)Your Name; (2) the URL to these Terms; (3) Your Address; (4) Your Phone Number; (5) and clear statement that You wish to opt out of this arbitration provision in the Terms of Conditions. The Opt-Out Notice must be emailed no later than 30 days after the date You first accept the Terms by using the Website.

CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Arbitration Agreement permits the parties to litigate in court, these Terms shall be governed by the laws of New York as if the Terms were a contract wholly entered into and wholly performed within New York. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of (i) a state court of competent jurisdiction located in New York County, New York, or (ii) the United State District Court for the Southern District of New York.

Transfer Rights

You cannot transfer any of Your rights or obligations under this Agreement to anyone else without our written consent.

All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, either by operation of law or otherwise.

Suggestions are Not Compensable

We welcome and appreciate your feedback and suggestions. But if you send the same to us, we reserve the right to use the same freely without any restrictions, credit to you, or compensation to you. Additionally, we are under no obligation to keep any such suggestions confidential.

No Third-Party Beneficiaries

These Terms of Service are not meant to create and do not create or confer any third-party beneficiary rights.

Waiver of Rights

We reserve the right to not enforce a portion or the entirety of this Agreement and any related policies on this Website, as we see fit in our discretion. Such a failure to enforce this Agreement or any other policy shall not be held to be a waiver of any kind. Any amendment to or waiver of this Agreement or any related policy is only valid if it is in writing and signed by Payback.

Force Majeure

Payback shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, failure of any party to perform any contract with Payback related to the provision of the Services, delay, interruption or suspension of sporting events, blackouts or governmental laws, regulations, orders or actions.

Bankruptcy 

Payback may terminate this Agreement immediately, upon written notice to you, in the event that the Payback becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors. 

Entire Agreement 

This User Agreement, together with our Terms of Service and our Privacy Policy, shall constitute the entire agreement between you and Payback. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Service shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Website Policies.  The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.