Legal
These Terms and Conditions (“Terms”) govern your access to and use of the websites, applications, tools, communities, digital content, educational materials, courses, livestreams, live events, communications, and other products and services (collectively, the “Services”) provided by Duke’s Picks LLC, a Nevada limited liability company (“Duke’s Picks,” “we,” “us,” or “our”).
By accessing or using the Services, creating an account, submitting information, purchasing a product, pass, event, or membership, or otherwise indicating acceptance of these Terms, you agree to be legally bound by them. If you do not agree, you may not access or use the Services.
These Terms constitute a legally binding End User License Agreement (EULA) between you and Duke’s Picks LLC.
Please read Sections 5 through 8 carefully. The Services are for entertainment and educational purposes only. Duke’s Picks does not sell or provide wagering advice, does not accept or place wagers, and is not responsible for any wins or losses you have.
Section 23 contains a binding arbitration agreement and a class action waiver that affect how disputes are resolved. You may opt out as described in that section.
You must be at least 18 years of age, or the minimum age required to place a pari-mutuel wager where you live if that age is higher, to access or use the Services. By using the Services, you represent and warrant that you meet this requirement.
You are solely responsible for knowing and following the laws that apply to you, including any laws about wagering where you live or where you are located. The Services are void where prohibited.
If you access or use the Services on behalf of another individual or entity, you represent and warrant that you have full authority to bind that individual or entity to these Terms, and that such individual or entity agrees to be responsible for any violation of these Terms.
Certain features of the Services require registration of an account. You agree to provide accurate, current, and complete information and to promptly update such information if it changes.
Each account and membership is for one person only. You may not share your login, sign-in links, or access with anyone else, and you may not let anyone else use your account. We may suspend or end any account we reasonably believe is being shared, without a refund.
You are solely responsible for:
You agree to notify us immediately at support@dukespicks.com if you believe your account has been accessed without authorization.
By creating an account or using the Services, you consent to receive electronic communications from Duke’s Picks, including transactional messages, account notices, service announcements, security alerts, and other administrative communications. These communications satisfy any legal requirement that such communications be in writing.
Your use of the Services is subject to our Privacy Policy, available at: https://www.dukespicks.com/legal/privacy
Duke’s Picks is an education and community membership for horseplayers. The Services may include Duke’s commentary and analysis of races, explanations of how he thinks about handicapping and wager structure, examples drawn from past and current races, courses and written materials, a private member community, livestreams and live events, member tools, and related content.
The Services teach. They are offered solely for entertainment and educational purposes.
Duke’s Picks does not sell or provide wagering advice, gambling advice, financial advice, investment advice, legal advice, or tax advice, and nothing in the Services should be taken as such. Duke’s Picks is not a tipping service or an advisory service.
Duke may share his own opinions, his analysis of races, horses he likes or dislikes, races he is skipping, and wagers he is personally making or considering. He shares these to show how he thinks and as examples for teaching. They are one person’s opinions. They are not instructions, recommendations, or advice to you, and they are not tailored to your bankroll, your goals, or your situation. The same is true of anything posted by other members, staff, or guests.
Nothing provided through the Services constitutes a recommendation, solicitation, or endorsement to place any particular wager or to take any particular action.
Duke’s Picks does not accept, place, hold, or process wagers. We are not a racetrack, an advance deposit wagering (ADW) provider, or a sportsbook. Any wager you place is placed by you, through a provider you choose, under that provider’s terms.
Duke’s Picks does not guarantee any outcome, result, return, or level of performance. Horse racing is unpredictable, and wagering involves the real risk of losing money.
Any past results, records, achievements, examples of winning or losing wagers, statistics, studies, or member comments shown in the Services or in our marketing describe the past only. They do not predict or promise future results, and they are not typical of what any member will experience. Comments and testimonials from members are their own words and their own experience. We do not verify every result a member reports, and your results will differ.
Every wagering decision you make is yours alone. You are solely responsible for whether, where, how, and how much you wager, for complying with the laws that apply to you, and for any taxes on your winnings.
To the fullest extent permitted by law:
Never wager money you cannot afford to lose.
Wagering should be entertainment. If wagering stops being fun, or if you or someone you know has a gambling problem, help is available. Call or text 1-800-GAMBLER, or visit ncpgambling.org. If you have excluded yourself from wagering anywhere, please do not use the Services. You may ask us to close your account at any time by emailing support@dukespicks.com.
The Services may include member tools such as watch lists, ticket builders, odds, scratches, changes, results, carryovers, schedules, notes, summaries, and file exports. Some content, including written race and horse summaries, may be generated or assisted by artificial intelligence.
Tool data and AI-generated content are provided for convenience and education only. They may be delayed, incomplete, or wrong. Always confirm odds, scratches, post times, results, and every detail of a ticket with official sources and your wagering provider before you wager. If you build or export a ticket with our tools, you are responsible for reviewing it before you submit it, and we are not responsible for any ticket you place, any error in it, or how your wagering provider handles it.
The Services may show rebate programs, wagering providers, or other third-party offers. Duke’s Picks may receive a commission or other compensation when you sign up for or use a rebate program or provider through our links or tools. This does not change what you pay.
Any rebate program or provider is run by that third party, under its own terms, eligibility rules, and privacy practices. Your relationship with it is between you and that third party. We do not set, guarantee, or pay rebates, and we are not responsible for the amount, timing, or payment of any rebate, or for anything a third party does.
Livestreams, live sessions, and live events (including those held on Zoom or other platforms) may be recorded. Recordings may be made available to members or used in our courses and materials. If you join, your name, voice, image, and anything you say or type in chat may appear in a recording. If you do not want to appear, keep your camera and microphone off and do not post in chat.
You may not record, capture, rebroadcast, or share any livestream, live session, or recording yourself.
The Services may allow you to submit, post, upload, or transmit content, including messages, comments, replies, text, images, or other materials (“User Content”).
You retain ownership of your User Content. By submitting User Content, you grant Duke’s Picks a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully paid, sublicensable license to use, host, store, reproduce, display, and distribute such User Content in connection with operating, maintaining, improving, and promoting the Services. This includes showing your posts, replies, comments, and testimonials on our websites, in emails, and in advertising, together with your first name and last initial. If you would rather we not use something you posted in our marketing, email support@dukespicks.com and we will stop using it in new marketing.
You represent and warrant that:
You agree not to engage in any of the following:
Duke’s Picks maintains a zero-tolerance policy for abusive behavior, objectionable content, and sharing of member content. We reserve the right, in our sole discretion and without notice, to remove content, suspend accounts, or permanently terminate access for any violation of this section, without a refund.
Violations may be reported to support@dukespicks.com.
The Services are offered through recurring memberships, passes, live events, and other one-time purchases. The price, what is included, and how long access lasts are shown at checkout. Payments are processed through third-party payment processors, including Stripe. You authorize us and our payment processors to charge your payment method for every purchase you make, plus any applicable taxes.
Monthly and yearly memberships renew automatically at the end of each billing period, and your payment method will be charged the then-current price for each new period, until you cancel. By purchasing a recurring membership, you authorize these recurring charges.
You may cancel at any time from your account or by emailing support@dukespicks.com. Cancellation stops future renewals. You keep access through the end of the period you have already paid for, and you will not be charged again. Failure to cancel before a renewal does not relieve you of payment for that renewal.
Passes (such as a week pass) and other one-time purchases are a single payment and do not renew. Access lasts for the period stated at checkout. Buying the same pass again while one is active starts a new period from the date of the new purchase, and any days left on the earlier pass are not carried over.
Live events are one-time purchases for the event described at checkout. Where a replay is included, it is made available after the event. Dates, times, and content may change; if we reschedule an event, your purchase carries over to the new date. If we cancel an event and do not reschedule it, we will refund what you paid for that event.
Except as stated in Section 14.4 or where required by law, all fees are non-refundable, including for partial billing periods, unused days, missed livestreams or events, and content you did not use.
Promotional codes and discounts apply only to the purchase, payment, or number of billing periods stated in the offer. After that, the regular price applies. Codes have no cash value, cannot be combined unless we say so, and may be changed or ended at any time before they are used.
We may change prices at any time. A price change will not apply to a billing period you have already paid for. For recurring memberships, we will give you notice before a new price applies to your renewal, and you may cancel before it takes effect.
If a payment fails, we may pause or end your access until it is paid. If you dispute a charge with your bank or card issuer instead of contacting us, we may suspend your access while the dispute is open, and end it if the dispute is decided in your favor. Please contact us first at support@dukespicks.com so we can help.
By creating an account, submitting your contact information, or engaging with the Services, you expressly consent to receive electronic communications from Duke’s Picks, including emails, text messages (SMS), and other digital communications related to your account, transactions, educational content, events, service updates, and administrative notices.
If you opt in to receive SMS messages from Duke’s Picks:
You may opt out at any time by replying STOP to any message. You may receive one final confirmation message. For help, reply HELP or contact support@dukespicks.com.
Duke’s Picks does not sell or share your mobile number for third-party marketing purposes.
Emails may include transactional messages, service updates, educational content, announcements, and promotional communications. Certain service-related emails are required and cannot be opted out of while your account remains active.
You may unsubscribe from promotional emails at any time using the unsubscribe link included in the email or by contacting support@dukespicks.com.
Unsubscribing from marketing emails does not affect receipt of:
Opt-out requests are processed in accordance with applicable law, including the CAN-SPAM Act.
All content, trademarks, logos, videos, recordings, courses, text, analysis, notes, tool content, data compilations, and other materials provided through the Services (“Duke’s Picks Content”) are owned by or licensed to Duke’s Picks and are protected by copyright, trademark, and other laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Duke’s Picks Content for your own personal, non-commercial, educational use only, while your access is active. You may not copy, share, distribute, publish, sell, or create works based on Duke’s Picks Content except as these Terms allow. Any unauthorized use terminates this license.
The Services may integrate with, run on, or link to third-party platforms and services, including community and app platforms, video and meeting platforms, payment processors, wagering providers, and rebate programs. Duke’s Picks does not control and is not responsible for third-party services, which are governed by their own terms and privacy policies.
Duke’s Picks is not affiliated with, endorsed by, or sponsored by any racetrack, racing association, tournament organizer (including the National Horseplayers Championship), wagering provider, or data provider unless we say so in writing. Names and marks of third parties belong to their owners and are used only to identify them.
Any feedback, ideas, or suggestions you submit become the sole property of Duke’s Picks without compensation or obligation.
You agree to indemnify, defend, and hold harmless Duke’s Picks LLC, Duke, and its members, managers, employees, contractors, and affiliates from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys’ fees) arising from your use of the Services, your wagering, your User Content, or your violation of these Terms or of any law.
THE SERVICES AND ALL CONTENT, TOOLS, DATA, AND AI-GENERATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DUKE’S PICKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT ANY INFORMATION IN THEM IS ACCURATE OR COMPLETE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUKE’S PICKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY WAGERING LOSSES, LOST WINNINGS, LOST PROFITS, OR LOST DATA, EVEN IF WE HAVE BEEN TOLD THEY ARE POSSIBLE.
TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO DUKE’S PICKS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Talk to us first. Before starting any claim, you agree to email support@dukespicks.com with your name, a description of the problem, and what you are asking for, and to give us thirty (30) days to try to resolve it informally.
Binding arbitration. If we cannot resolve it, any dispute arising out of or relating to these Terms or the Services shall be resolved through binding individual arbitration administered by JAMS under its applicable rules, conducted in the State of Nevada or, at either party’s request, by video or phone. Either party may instead bring an individual claim in small claims court if it qualifies.
Class action waiver. YOU AND DUKE’S PICKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND DUKE’S PICKS WAIVE ANY RIGHT TO A JURY TRIAL. If this class action waiver is found unenforceable for any claim, that claim shall be decided in court and not in arbitration.
Opting out. You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by emailing support@dukespicks.com with your full name and a clear statement of intent to opt out.
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles. Subject to Section 23, any claim not subject to arbitration shall be brought in the state or federal courts located in Clark County, Nevada, and you consent to their jurisdiction.
We reserve the right to suspend or terminate access to the Services at any time, without notice, for any violation of these Terms. Access ended for a violation is not refunded. Sections that by their nature should continue after your access ends, including Sections 5 through 10, 12, 17, and 20 through 28, survive termination.
We may update these Terms from time to time. When we do, we will update the “Last Updated” date above, and for material changes we may also notify members by email or within the Services. Changes apply from the date they are posted, except that changes to Section 23 will not apply to a dispute we already knew about before the change. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms. If you do not agree, stop using the Services and cancel any membership.
If any provision is held unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any provision is not a waiver of it. You may not transfer your account or these Terms; we may assign these Terms in connection with a merger, sale, or reorganization.
These Terms, together with our Privacy Policy and any terms shown at checkout, constitute the entire agreement between you and Duke’s Picks regarding the Services and supersede all prior agreements.
Duke’s Picks LLC
c/o NexCore Consulting
838 Walker Road, Suite 21-2, Dover, DE 19904
Email: support@dukespicks.com
