These Terms and Conditions (“Terms”) govern your access to and use of the websites, applications, communities, digital content, educational materials, livestreams, 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 or subscription, 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.
1. Eligibility and Authority
You must be at least 18 years of age to access or use the Services. By using the Services, you represent and warrant that you meet this requirement.
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.
2. Accounts; Account Security; Electronic Notices
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.
You are solely responsible for:
Maintaining the confidentiality of your login credentials
All activities conducted through your account
You agree to notify us immediately at [email protected] 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.
Duke’s Picks provides educational and informational content, including analysis, commentary, general strategy discussions, historical examples, community discussions, trainings, and livestreams related to horse racing and related topics.
The Services are offered solely for educational and informational purposes. Duke’s Picks does not provide financial advice, investment advice, wagering advice, legal advice, or tax advice.
Nothing provided through the Services constitutes a recommendation, solicitation, or endorsement of any particular action or outcome.
5. User Content; License Grant
The Services may allow you to submit, post, upload, or transmit content, including messages, comments, 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, fully paid, sublicensable license to use, host, store, reproduce, display, and distribute such User Content solely in connection with operating, maintaining, and improving the Services.
You represent and warrant that:
You own or have the necessary rights to submit your User Content
Your User Content does not violate these Terms or applicable law
6. Prohibited Conduct; Zero-Tolerance Policy
6.1 Prohibited Activities
You agree not to engage in any of the following:
Harassing, abusive, threatening, hateful, intimidating, or discriminatory conduct
Posting or transmitting obscene, unlawful, or objectionable content
Impersonating any person or entity
Attempting to access another user’s account without authorization
Interfering with or disrupting the Services or other users
Circumventing security measures or access controls
Using the Services for any unlawful purpose
6.2 Zero-Tolerance Enforcement
Duke’s Picks maintains a zero-tolerance policy for abusive behavior or objectionable 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.
All content and Services are provided for educational and informational purposes only.
Nothing within the Services constitutes:
Financial advice
Investment advice
Wagering or gambling advice
Legal or tax advice
You acknowledge that any actions you take based on information obtained through the Services are taken entirely at your own risk and discretion.
8. Assumption of Risk; No Responsibility for Losses
You expressly acknowledge that participation in activities discussed within the Services involves inherent risk.
To the fullest extent permitted by law:
Duke’s Picks does not guarantee outcomes, results, or performance
Duke’s Picks shall not be responsible for any losses, damages, or costs arising from your use of or reliance on the Services
You assume full responsibility for all decisions and actions you take
9. Subscriptions; Payments; Billing
Certain Services are offered via subscriptions or one-time purchases. Payments are processed through third-party payment processors, including Stripe.
By purchasing a subscription, you authorize recurring charges until you cancel in accordance with the applicable cancellation terms. Subscription fees are non-refundable except where required by law.
Failure to cancel does not relieve you of payment obligations.
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.
SMS / Text Messaging (A2P Compliance)
If you opt in to receive SMS messages from Duke’s Picks:
You consent to receive recurring messages sent using automated technology
Message frequency may vary
Message and data rates may apply
Consent is not a condition of purchase
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 [email protected].
Duke’s Picks does not sell or share your mobile number for third-party marketing purposes.
Email Communications
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.
11. Unsubscribe and Communication Preferences
You may unsubscribe from promotional emails at any time using the unsubscribe link included in the email or by contacting [email protected].
Unsubscribing from marketing emails does not affect receipt of:
Transactional communications
Account notices
Security or legal notifications
Opt-out requests are processed in accordance with applicable law, including the CAN-SPAM Act.
12. Intellectual Property; Limited License
All content, trademarks, logos, videos, text, and materials provided through the Services (“Duke’s Picks Content”) are owned by or licensed to Duke’s Picks.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial educational purposes only. Any unauthorized use terminates this license.
13. Third-Party Services
The Services may integrate with or link to third-party platforms or services. Duke’s Picks does not control and is not responsible for third-party services, which are governed by their own terms.
14. Feedback
Any feedback, ideas, or suggestions you submit become the sole property of Duke’s Picks without compensation or obligation.
15. Indemnification
You agree to indemnify and hold harmless Duke’s Picks LLC, its members, managers, employees, and affiliates from any claims, damages, liabilities, or expenses arising from your use of the Services or violation of these Terms.
16. Disclaimers
THE SERVICES 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, AND NON-INFRINGEMENT.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, DUKE’S PICKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO DUKE’S PICKS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
18. Arbitration; Dispute Resolution
Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in the State of Nevada in accordance with JAMS rules.
You may opt out of arbitration within thirty (30) days of first accepting these Terms by emailing [email protected] with your full name and a clear statement of intent to opt out.
19. Governing Law
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles.
20. Termination
We reserve the right to suspend or terminate access to the Services at any time, without notice, for any violation of these Terms.
21. Severability
If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.
22. Entire Agreement
These Terms constitute the entire agreement between you and Duke’s Picks regarding the Services and supersede all prior agreements.