• DJ’s Picks.com does not accept or place bets.

Harvest Wins Terms Of Use

Welcome to the Harvest Wins llc (“Harvest Wins”) website, located at DJsSportsPicks.com (the “Site”). You accept and agree to these Terms of Use (the “Terms”) when you visit or shop at the Site, whether you access the Site through a personal computer, mobile device or any other technology, so please read the Terms carefully. We may modify the Terms from time to time, effective upon posting to the Site. Your access to or use of the Site at any time constitutes acceptance of the Terms in effect at that time.

This terms of use was last modified on January 31, 2014.

Sports Forecasting
You agree that DJsSportsPicks.com and Harvest Wins llc do not facilitate the placement of bets. By the use of DJsSportsPicks.com you understand and agree that you are not making a bet or wager of any kind.

You agree that you will not use of the content of this site in violation of federal, state and/or local law.


You agree that DJ Bean, DJsSportsPicks.com and its owner, Harvest Wins llc, do not guarantee their prediction of the score, winner, loser, spread, over/under or betting outcome of any kind of any sporting event or any contest.

You agree not to hold DJ Bean, DJsSportsPicks.com and its owner, Harvest Wins llc, responsible for how you use the information, services and predictions sold and/or made available at DJsSportsPicks.com.

Privacy

Our Privacy Policy also governs your access to and use of the Site and information you provide or we collect on or through the Site, and is incorporated into these Terms by reference. Please review the Privacy Policy to learn about information we collect and how we use and disclose such information. The Site is not directed at children, and Harvest Wins will not knowingly collect personally identifiable information from any child under age 13.

Refund Policy

Refunds or credits will be issued the same way in which the original payment was received and will not be issued to alternate credit cards.

If, for any reason, you would like a refund, please contact us. To contact us about a refund please use the form below or email us at Refund @ DJsSportsPicks.com.

If your request for a refund is within 15 calendar days of your first purchase, we will refund your first purchase, no questions asked.

If you are requesting a refund after 15 calendar days of any purchase, please contact us immediately. We would rather you communicate with us first, prior to contacting your bank. Misunderstandings can happen and should any problems occur, we will make every effort to resolve them directly with you. We only request that if you feel there is a problem with a charge for our services that you contact us directly via the form below or by email at Refund @ DJsSportsPicks.com before taking any other action.

We reserve the right to use all legal means to prevent and defend against wrongful, fraudulent or otherwise untrue and/or unreasonable chargebacks.

A wrongful or fraudulent chargeback will be defined as occurring when the credit card holder orders and receives products or services, then intentionally reverses the charge through their card-issuing bank stating that they did not place the order, did not authorize the charge or did not receive the order, or that it was somehow not as described, or was in some other manner unsatisfactory beyond our ability to control.

Disputed transactions determined by Harvest Wins llc to be fraudulent or wrongfully initiated will be vigorously defended with the issuing bank. Such chargebacks, resolved in favor of the customer, will be turned over for collection and additional legal action up to and including litigation. Such accounts will be reported to the appropriate credit reporting agencies at our sole discretion.

Harvest Wins reserves the right, in its sole discretion, to terminate your access to the Site.

REFUND FORM:

Trademarks

Harvest Wins, DJ’s Picks, DJ’s Sports Picks and other names and logos used for Harvest Wins or its products or services are Harvest Wins’ trademarks in the United States and other countries. Harvest Wins’ trademarks may not be used without Harvest Wins’ prior written permission, including, without limitation, for or in connection with any product or service or in any manner that could cause potential confusion among customers or that disparages Harvest Wins or its products or services. Trademarks and trade names on the Site that are not owned by Harvest Wins are the property of third parties, who may or may not be affiliated with Harvest Wins.

Copyright

All content on the Site, including, without limitation, the text, graphics, images, audioclips, logos and icons, and the compilation and layout of content on the Site, is the property of Harvest Wins and protected under United States and international copyright laws. Software used on the Site is the property of Harvest Wins or its software vendors and is protected under United States and international copyright laws.

Access and Use of the Site

Harvest Wins grants you a limited, non-exclusive license to access and use the Site and to download and print a single copy of the Site content solely for your personal, non-commercial use and provided that you do not delete or modify any copyright or other proprietary notice. Any other copying, use, distribution, transmission or modification of the Site’s content, including, without limitation, collection or use of product descriptions or prices, use of data mining or similar tools or framing of any Site content is subject to Harvest Wins’ prior written consent. You may link to the Site for non-commercial purposes only or as otherwise specifically agreed in writing by Harvest Wins, provided that such link does not disparage or defame Harvest Wins or its products or services, and that you remove any such link upon demand by Harvest Wins.

You agree not to use the Site in any manner that would (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law; or (c) delete or modify any content on the Site.

Harvest Wins does not sell products or services to children, but to adults who can make purchases with a credit card or other permitted method of payment. If you are under 18, you may access and use the Site only under the supervision of a parent or guardian.

Submissions

Product or service reviews, comments and other content posted or submitted by you or third parties (“Submissions”) may be available on or through the Site. You acknowledge that such third party Submissions are not endorsed by Harvest Wins and do not reflect the opinion, recommendation or advice of Harvest Wins in any manner, and agree that Harvest Wins is not responsible for, and has no liability in connection with, the Submissions. If you believe that any content on the Site violates these Terms, any law or any right of a third party, let us know.

You agree that any Submissions you provide will not be illegal, obscene, invasive of privacy, threatening, defamatory, infringe any copyright, trademark or other proprietary right or contain any virus, corrupt data, advertisement or other commercial solicitation or “spam.” You also agree not to use any false e-mail address, impersonate any person or otherwise mislead as to the origin of any Submission.

You grant Harvest Wins an irrevocable, worldwide, nonexclusive, royalty-free, perpetual and fully sub-licensable and transferable right, but not the obligation, to (a) use, distribute, display, modify and otherwise use any Submissions you post or submit, in any media now known or hereafter developed; and (b) use the name and any other personal information that you post or submit in connection with a Submission, in Harvest Wins’ discretion.

You warrant that you own or control all of the rights in and to your Submissions and that use of your Submissions does not violate these Terms and will not cause damage or injury to any person or entity. You agree to indemnify Harvest Wins for all claims resulting from or in connection with your Submissions.

Harvest Wins has the right, but not the obligation, to monitor and modify or remove any content or materials on the Site. Harvest Wins is not responsible for, and assumes no liability for, any Submissions or other content posted by you or any third party.

Electronic Communication

By accessing or visiting the Site, registering for the Harvest Wins newsletter, sending an e-mail to Harvest Wins or otherwise communicating with Harvest Wins through the Site, you are communicating with Harvest Wins electronically, and you agree to receive electronic communication from Harvest Wins, by e-mail and by posting to the Site. You agree that any electronic communication from Harvest Wins satisfies any legal requirements that such communication must be in writing. You also agree that any communications or materials that you provide to Harvest Wins or the Site, by posting to the Site, e-mail or otherwise, are and will be treated as non-confidential and non-proprietary and that Harvest Wins shall have the perpetual, royalty-free, worldwide right, but not the obligation, to copy, disclose, transmit, publish, modify and otherwise use anything you post or transmit.

Copyright Complaints

If you believe any content on the Site infringes your copyright interest, please provide the Harvest Wins Copyright Agent with the following information in writing:

• A description of the copyrighted work that you believe is infringed, including an assertion that you either own such copyright interest, or are the authorized agent of the owner.
• A description of where the allegedly infringing content is located on the Site.
• Your address, telephone number and e-mail address.
• Your statement that you have a good-faith belief that the use of the identified content is not authorized by the copyright owner, its agent or by law.
• Your statement, made under penalty of perjury, that all information provided by you in the notice is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

COPYRIGHT AGENT:

Products

Harvest Wins uses reasonable efforts to ensure that product and service data and descriptions are accurate and complete. However, Harvest Wins does not warrant that any product or service data or description or other content on the Site is accurate, complete, current or without error. If a product or service is not as described on the Site, your sole remedy is to ask for a refund.

Links
The Site may include links to sites owned or operated by third parties. Links are provided as a convenience to visitors and do not constitute an endorsement of any third party site, product or service or indicate any affiliation with the owner or operator of such sites. Harvest Wins is not responsible for the content of any third party site or for the practices of its owner or operator.

Disclaimer of Warranties/Limitation of Liability

THE SITE AND ALL CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” HARVEST WINS DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE IS MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE OR ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HARVEST WINS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HARVEST WINS DOES NOT WARRANT THAT THE SITE OR THE CONTENT, PRODUCTS OR SERVICES ON OR MADE AVAILABLE THROUGH THE SITE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL HARVEST WINS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, ITS SOFTWARE OR CONTENT OR ANY OTHER MATTER RELATING TO THE SITE OR CONTENT, EVEN IF HARVEST WINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, HARVEST WINS’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND HARVEST WINS’ TOTAL LIABILITY IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE SHALL NOT EXCEED $50.00.

Dispute Resolution

You agree that the laws of the State of Arizona, USA, without regard to conflicts of laws principles, govern the existence and construction of these Terms and any dispute that may arise between you and Harvest Wins, and that any dispute or claim arising out of or in relation to your access to or use of the Site or to products or services sold or distributed by Harvest Wins or through the Site will be exclusively resolved by binding arbitration.

Arbitration will take place before a single arbitrator and will be administered by JAMS in accordance with the United States Arbitration Act and the JAMS Streamlined Arbitration Rules and Procedures then in effect, as modified by these Terms. Any in-person arbitration will take place in Phoenix, Arizona. If the parties cannot agree upon the choice of an arbitrator within twenty (20) business days of the date the matter is submitted for arbitration, the parties shall request, and accept, assignment of an arbitrator from JAMS pursuant to its rules. The arbitrator shall have authority to award any remedy or relief that a court of competent jurisdiction in New York could grant in conformity to applicable law, subject to the limitations set forth in this Agreement. Any arbitration award shall be accompanied by a written statement containing a summary of the issues in controversy and a description of the award, with an explanation of the reasons for the award. The arbitrator’s award shall be final and binding, and judgment may be entered upon such award by any court of competent jurisdiction.

For more information, you may contact JAMS in writing at 3800 Howard Hughes Parkway, 11th Floor, Las Vegas, NV 89169, or visit their website at http://www.jamsadr.com/. Under JAMS rules, you also may have the right to take certain qualifying disputes to small claims court. Unless otherwise provided in JAMS rules or the arbitration award, you and Harvest Wins will equally divide all administrative fees and expenses for any arbitration, including the arbitrator’s fees and expenses, and each party will bear the cost of preparing and presenting its own case. Each dispute will be arbitrated on an individual basis and will not be consolidated in any action with the disputes or claims of other consumers or customers. Any dispute or claim arising out of or relating to these Terms must be brought within two years of the date on which the basis for the dispute or claim first arises, or such longer period as may be required by law. If a claim proceeds in court rather than arbitration, we each waive any right to a jury trial. Notwithstanding this dispute resolution provision, Harvest Wins shall have the right to seek and obtain preliminary injunctive or other provisional relief from a court of competent jurisdiction for the purpose of preventing irreparable injury, loss or damage pending a final resolution according to this dispute resolution provision.

General

The Site is controlled and operated by Harvest Wins llc from its headquarters in Phoenix, Arizona, USA. Harvest Wins makes no representation that any content on the Site is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Site complies with all applicable laws of your jurisdiction. Harvest Wins reserves the right, in its sole discretion, to terminate your access to the Site, or to discontinue the Site, in whole or in part, at any time and without notice.

These Terms, as they may be amended from time to time, set forth the entire understanding of you and Harvest Wins as to the subject matter hereof. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and all provisions shall be enforced to the fullest extent permitted by law. Any waiver of any provision of these Terms must be in writing and shall not constitute a continuing waiver or a waiver of any other provision. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you have questions about these Terms or the Site, please contact us: