Terms of Service
The Oddsmaker Terms of Service
Carefully read the terms of use below.
These terms of use, as amended from time to time (this “agreement”), set forth the terms of your use of the services (defined below) of the oddsmaker. (“the oddsmaker,” “we,” “om,” “us,” and/or “our”). This is a binding contract between you, as a user of the services (“you,” “your,” and/or “user”) and om, the provider of the services. By registering for or using this site, the user accepts all the following terms and conditions. Use of this site will constitute the user’s acceptance to all of conditions in “The Oddsmaker Terms of Service.”
Your access, purchase and/or use of any of the services constitutes your agreement to be bound by and comply with these terms of use. If you do unequivocally agree to these terms, you should immediately cease all use of the services.
Some of the services are delivered electronically and may include electronic transactions. By accessing and/or using the services, you agree that you will be bound by any electronic submissions, communications or transactions made using your credentials (defined below), including your acceptance of this agreement, and you consent to receive electronic communications from us, including, but not limited to, notices of cancellation and renewals, policies, contracts, and applications.
Registration & Services
The services include our written and digital publications and materials, websites (including, but not limited to, www.theoddsmaker.com). The terms of this agreement apply to both free services and premium services. For the avoidance of doubt, this agreement applies to services that are made available on a platform that may be accessed only by a user to whom we have issued credentials (defined below).
This agreement applies to all services, whether purchased or used separately, or as part of a membership package, or any solution or bundled package of services. If you purchase or use services that are sold or otherwise provided together as a solution or bundled package (as opposed to your purchasing or using services separately), termination of any part of the services will result in the termination of all services provided as part of the solution or bundled package.
A subscriber may not reproduce, distribute, transmit, disseminate, sell, publish, display, broadcast, circulate or forward any part of the oddsmaker or this website to anyone, including but not limited to others in the same company or organization, without the express prior written consent of the oddsmaker.. additionally, authorized subscribers occasionally may use the oddsmaker website or emails to “share an article” or monitor and provide that information to a non-subscriber who may find it of interest provided that subscribers do not share the information on a regular basis that could provide the recipient the benefits of a subscription.
The access that a subscriber is given to this website is personal to you, individually. you may not share your password with others, even others in the same company or group, or provide others with access to this site using your password. The oddsmaker, all emails, publications, this website and other materials also are protected by federal copyright law. the copyright act imposes liability of up to $150,000 per issue for infringement.
Information concerning unauthorized reproduction, distribution, display, or other infringement will be gratefully received.
Free trial & Trial abuse
The Oddsmaker does not allow for multiple free trials by any individual or firm without explicit permission. Any individual/firm who takes multiple free trials allowing them unapproved free access to the oddsmaker beyond the standard 28-day free trial offer, without an explicit offer for an additional trial period considering that individual’s prior trial, shall be considered a “free trial abuser”. We reserve the right to charge free trial abusers with their credit card on file for this unapproved access up to the equivalent amount of subscription time more than the 28-day free trial offer. The Oddsmaker will charge an amount based on the pro rata amount of time the individual can be determined to have exceeded their 28 days of free trial access using current subscription pricing
Refunds & Cancellations
Your Oddsmaker subscription automatically auto renew. We have a user dashboard for subscribers to cancel their membership, you may cancel by changing your preferences in your user account, or another cancellation method. The Oddsmaker does not provide refunds for any reason and reserve the right to cancel a subscription without notice or cause.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
A subscriber specifically acknowledges and agree that your use of the services (and any related content, including, but not limited to, any content provided by outside contributors) is solely and entirely at your own risk and that the services (and any related content) are provided “as is,” “as available” and “with all faults,” without representations or warranties of any kind, either express or implied. The Oddsmaker, its officers, directors, employees, subsidiaries, affiliates, outside contributors, third-party providers, contractors, suppliers, licensors, advertisers and agents expressly disclaim all warranties and conditions of any kind, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, non-infringement, and fitness for a particular purpose or use, and any warranties arising from a course of dealing, usage or trade practice.
The Oddsmaker entities do not warrant and accept no liability that your use of the services and/or any content obtained thereby will be complete, adequate, timely, accurate, uninterrupted, error- free or secure, or that the services or the servers on which the services are hosted are free of viruses, worms, malicious code, trojan horses, malware or other harmful components. the oddsmaker does not warrant and accept no liability for any software downloaded from, or used as a component of, the services. no opinion, advice or statement of The Oddsmaker, whether provided through the services or otherwise, shall create any warranty. The Oddsmaker further disclaims all warranties that the services will meet your requirements, and the oddsmaker does not make any guarantee or warranty as to any results (including, but not limited to, any investment results, returns, performance or other outcomes) that may be obtained from the use of, in connection with or in full or partial reliance upon, the services.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of the services.
LIMITATION OF LIABILITY
A subscriber acknowledges and agree that The Oddsmaker is not responsible or liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, punitive, reliance or other damages under any contract, negligence, strict liability or other legal theory arising out of or relating in any way to this agreement, the services and/or any content contained therein, including, but not limited to, any content provided by outside contributors, for any lost profits, loss of use or other economic advantage or loss of data, whether such damage is foreseeable or not and whether or not the oddsmaker has been advised of the possibility of such loss or damage and notwithstanding the failure of essential purpose of any limited remedy. for avoidance of doubt, damages arising under the section entitled “indemnification” (including, but not limited to, damages to which a party is entitled to indemnification under such section that such party suffers in connection with third-party claims for indirect, special, incidental or consequential damages) are deemed to be direct damages of the indemnified party. Your sole remedy for dissatisfaction with the services is to stop using it. You agree that, without limiting the foregoing, in no event shall the oddsmaker total liability to you for all damages, losses and causes of action — whether in contract, tort or otherwise — exceed the total amount you paid to us for access to and use of the services during the current calendar year of your subscription.
The commencement of any action or proceeding on any claim regarding the services must be brought by you within one (1) year from when the claim arose. the foregoing limitation shall not apply to actions brought by you for indemnification.
INDEMNIFICATION
A subscriber agrees to indemnify, defend and hold harmless the oddsmaker, their current and former officers, directors, employees, agents and representatives and their successors and assignees from and against any and all liabilities, claims (including, but not limited to, third-party claims), damages, losses, costs (including reasonable attorneys’ fees), or other expenses associated with or incurred as a result of or from:
Your breach of your warranties, representations and obligations under this agreement;
Your failure to perform in accordance with this agreement;
Your use of the services in any way other than its normal way or in a way not required or recommended by us;
Your violation of the rights of any third party;
Your registration or use of a user account; or
The actual or alleged infringement of any third-party proprietary or intellectual property right arising out of the unauthorized use of the services.
GENERAL
Without limiting the foregoing, The Oddsmaker may terminate this agreement immediately for any or no reason and with or without notice to you (including by terminating your user account, credentials and/or access to any service) if: (i) The Oddsmaker reasonably believes that the services are being used in violation of this agreement or applicable law; (ii) The Oddsmaker believes your use of any service interferes with the normal operations of the service or creates any threat to the security of the service, platform, or the content of any other user of the service; (iii) The Oddsmaker becomes aware of what it, in its sole discretion, deems a credible claim that the service or any portion thereof infringes upon the intellectual property rights of a third party; (iv) the oddsmaker is required to do so by law; (v) in the case of free services the oddsmaker reserves the right to terminate user accounts related to free services that remain idle for a period of thirty (30) days or more; or (vi) in the event you contact your bank or credit card company to decline, chargeback or otherwise reverse the charge of any fees payable to The Oddsmaker.
A subscriber may terminate the agreement at any time, except that such termination does not relieve you from your obligation to pay any fees for premium services for the remainder of the applicable term.
DISCLAIMER
The information contained in this publication has been compiled by The Oddsmaker. (“OM”) from sources believed to be reliable, but no representation or warranty, express or implied, is made by “OM”, its affiliates, or any other person or company as to its accuracy, completeness, or correctness.
The information contained in this publication is not intended to constitute legal, accounting, or tax advice or individually tailored investment advice and is not designed to meet your personal financial situation. The investments discussed in this publication may not be suitable for you. you are required to conduct your own due diligence, analyses, draw your own conclusions, and make your own investment decisions. Any areas concerning legal, accounting, or tax advice or individually tailored investment advice should be referred to lawyers, accountants, tax advisors, investment advisers, or other professionals registered or otherwise authorized to provide such advice.
This publication makes no recommendations whatsoever regarding buying, selling, or holding a specified security, a class of securities, or the securities of a class of issuers, and is for educational purposes only. Commentary is provided without reference to any investment strategy or product offered by “OM”. as of the date of this publication, “OM”, employees directly involved in preparing and distributing this publication and entities managed or controlled by those employees may have positions in any of the securities mentioned in The Oddsmaker.
This publication is not, and under no circumstances should be construed as, a solicitation to act as a securities dealer or adviser. The opinions expressed in the publication are those of the publisher and are subject to change without notice. the information in the publication may become outdated and there is no obligation to update any such information. Past performance is not a guide to future performance, future returns are not guaranteed, and a loss of original capital may occur.
To the full extent permitted by law neither, the oddsmaker nor any of its affiliates, nor any other person or company, accepts any liability whatsoever for any direct, indirect, or consequential loss arising from, or in connection with, any use of this publication or the information contained herein. om and its affiliates expressly disclaim any guarantees, including, but not limited to, future performance or returns.
Links contained within this publication are believed to be accurate, but the use of linked sites is at the user’s risk. this publication does not endorse any linked site.
Certain names, words, titles, phrases, logos, icons, graphics or designs in the pages of this publication may constitute trade names, registered or unregistered trade-marks or service marks (“trade-marks”) of om, or of third parties and used under license by “OM”. however, the display of trademarks on pages of this publication does not imply that any license has been granted to any third party.
This publication is fully protected under the copyright laws of the law in all countries in which we operate with all rights reserved. No license is granted to the user except for the user’s personal use and only one printed version is allowed. no part of this publication or its contents, may be copied, downloaded, stored in a retrieval system, further transmitted, or otherwise reproduced, stored, disseminated, transferred, or used, in any form or by any means, except as permitted with prior written permission.
This publication is proprietary and limited to the sole use of om clients. please do not post this on any website, forward it, or make copies (print or electronic) for anyone else. each reproduction of any part of this publication or its contents must contain notice of our copyright. any unauthorized downloading, re-transmission, or other copying, modification or use of the trademarks, this publication or any of this publication’s contents may be a violation of statutory or common law rights which could subject the violator to legal action.
There is a high risk in trading markets. We are not registered investment advisers. Do your own due dilige
We hope you enjoy and welcome aboard.
Thanks,
John H. Lewis
The Oddsmaker (TOM)
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