As part of the subscription provided by NoBrainerWagers LLC, [Customer Name] (“You” or “Your”) represent and warrant the following:
You expressly acknowledge and agree that the information provided to You as part of your subscription via email or otherwise (the “Picks”) and the use thereof are subject to the terms and conditions set forth herein. You expressly acknowledge and agree that NoBrainerWagers LLC, its agents, officers, directors, managers, members, employees, contractors or sales personnel (collectively, the “Company”) are in no way responsible for any decisions, financial or otherwise, You, or those acting at your direction, make with respect to the Picks or any other information related to the Picks or any information on nobrainerwagers.com (the “Site”) or any links provided by the Company on the Site or otherwise. The Company does not offer bookmaking services or gambling services on the Site or otherwise. The Company does not provide investment advice and none of the Picks nor any information on the Site or otherwise should be construed as or, deemed to be, investment advice. You acknowledge and agree that the Company offers sports information services and that you are of at least 18 years of age. You acknowledge and agree that You are aware of and are familiar with the substantial risks involved in gambling (including the “sports book” and similar games) and games of chance.
You acknowledge your responsibility to determine the legality of sports wagering in your particular location prior to proceeding. If the viewer is from outside of the United States they are held to the same standards, and must determine the legality of sports wagering in their particular country or situation prior to engaging in sports wagering. Viewers outside of the United States are held accountable by their local authority.
You agree that You shall not, directly or indirectly, sell, exchange, trade, barter, or otherwise commercially exploit the Picks, or giveaway the Picks, or otherwise aid, direct, encourage, or help, directly or indirectly, any other person or entity in any of the foregoing, and that any such action is expressly prohibited and a material breach of the terms and conditions hereof. You agree that, in addition to any rights and remedies that the Company may have at law or equity as a result of You breaching these terms and conditions, that in the event You breach these terms and conditions, the Company may cancel any subscriptions you may have with the Company.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT WARRANT OR GUARANTEE THE PICKS (INCLUDING THE ACCURACY THEREOF) OR WINNINGS WHATSOEVER UNLESS OTHERWISE EXPRESSLY AGREED TO IN WRITING. THE COMPANY PROVIDES PICKS WARRANTY FREE AND GUARANTEE FREE AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OR GUARANTEE, IN EACH CASE, EXPRESS OR IMPLIED OR OTHERWISE.
You agree to indemnify, defend and hold harmless the Company from and against any and all claims (whether fraudulent, groundless, false or not), liabilities (including, without limitation, absolute liability in tort), demands, suits, settlements, obligations, damages, actions, losses and judgments, costs, disbursements, fines, penalties and expenses (including, but not limited to, any reasonable legal, accounting or investigative fees) of whatsoever kind or nature that result from Your breach of these terms and conditions, including any representations and warranties contained herein.
You agree that all professional sports picks packages, the contents thereof, and/or other items made available through Nobrainerwagers telegram channels are the sole property of Nobrainerwagers. You acknowledge that the sports betting tips are provided for entertainment purposes only. By purchasing a sports betting membership and/or any other content made available through the Website or telegram, you agree not to use (directly or indirectly), disclose, duplicate, copy, transmit, or otherwise disseminate in any manner whatsoever any content provided within any package for your, or any third party’s, commercial use, or for any commercial purpose. In furtherance of the foregoing, you hereby agree to each of the following:
You agree that you shall not disclose Nobrainerwagers’ sports betting picks (or any content provided therein) to any third party.
You agree that you will take all reasonable measures to avoid unauthorized disclosure or commercial use of the sports betting picks in order to prevent it from falling into the public domain or the possession of persons and/or entities other than those authorized by Nobrainerwagers, which measures shall include the highest degree of care.
You agree to promptly notify Nobrainerwagers in writing (via email, instagram, or telegram) of any misuse or misappropriation of their sports betting picks that may come to your attention, and to take all reasonable steps necessary to minimize potential or actual damages or losses to Nobrainerwagers that may result from such unauthorized use or disclosure.
You agree that in no event shall you publish, directly or indirectly, or cause or induce the publication of, any of Nobrainerwagers’ sports betting picks, including, but not limited to, on social media, Telegram, Discord, WhatsApp, or any social media platform.
You agree that you shall not reproduce, copy, distribute, sell, commercially exploit, or utilize in any manner whatsoever, any of Nobrainerwagers’ sports betting picks (or any content provided therein).
Term. Your agreement to maintain the confidentiality of Nobrainerwagers sports betting picks shall remain in full force and effect for a period of five (5) years following your receipt of their sports betting picks.
Waiver. The failure or delay by Nobrainerwagers to enforce any provision of this Agreement shall not constitute a waiver of any term hereof.
Governing Law; Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of Florida, without regard to conflict of law principles thereof.
1. Injunctive Relief: You agree that your obligations hereunder are necessary and reasonable in order to protect Nobrainerwagers and Nobrainerwagers legitimate business interests, and expressly agree that monetary damages would be inadequate to compensate Nobrainerwagers for any breach (or threatened breach) of any covenant or agreement set forth herein. Accordingly, you agree and acknowledge that any such violation or threatened violation of this Agreement will cause irreparable injury to Nobrainerwagers and that, in addition to any other remedies that may be available, in law, in equity, or otherwise, Nobrainerwagers shall be entitled to obtain injunctive relief against the threatened breach of this Agreement or the continuation of any such breach, without the requirement of having to furnish a bond or the necessity of proving actual damages, together with an award of attorney’s fees and expenses as may be incurred in order to enforce this Agreement. Such equitable remedies shall be cumulative and not exclusive, and shall be in addition to, and not in lieu or limitation of, any other remedy, including, without limitation, monetary damages, which Nobrainerwagers may otherwise have under this Agreement.
2. Liquidated Damages: You agree that in the event you materially breach and/or fail to comply with the terms set forth in this Agreement, such material breach shall cause Nobrainerwagers severe and substantial damage and loss of types and in amounts that are impossible to compute and/or ascertain with certainty as it relates to the determination of actual damages. You therefore agree that any breach (or threatened breach) of the foregoing confidentiality provisions (and/or any other terms set forth in this Agreement) shall be compensated by payment of the liquidated damages set forth herein, in addition to any and all equitable relief to which Nobrainerwagers may be entitled (including, without limitation, injunctive relief, specific performance, etc.). You represent and acknowledge that the liquidated damages set forth herein constitute a fair, reasonable, and appropriate estimate thereof. Accordingly, you agree that for each violation of this Agreement, you shall pay the sum of Fifty Thousand Dollars (USD $50,000.00) per violation as liquidated damages. You acknowledge such liquidated damages are intended to represent estimated and actual damages and are not intended to be a penalty or punishment. In the event that the foregoing “liquidated damages” shall be deemed unenforceable by a court of law, you understand that you shall be held liable for any and all damages suffered by Nobrainerwagers.
Severability. If any provision of this Agreement, or the application thereof to any person(s) or circumstance(s) is, to any extent, deemed invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall be enforced to the greatest extent permitted by law, and shall not affect the validity or enforceability of the other provisions contained in this Agreement, and the remainder of this Agreement shall not be affected thereby.
Entire Agreement. This Agreement constitutes the entire understanding between the Parties regarding the subject matter herein and supersedes all previous understandings, agreements, communications, and representations, whether oral or written, concerning the disclosure and treatment of Nobrainerwagers’ sports betting picks to which this Agreement relates. Nobrainerwagers reserves the right to modify this Agreement at any time; in such event, you will be provided written notice of such change. You acknowledge that it shall be your sole responsibility to review any changes made to this Agreement. If you do not agree to be bound by any such changes made to this Agreement, your sole recourse shall be to discontinue using the service.
Due to the nature of the information being provided, there are absolutely no refunds unless stated otherwise. You may cancel your service at any time and you will have access to all plays until the date your subscription was originally set to expire. Members have the ability to cancel their accounts at any time, for any reason. Please note, as stated above, we are unable to issue refunds after you have cancelled your subscription to our service. NoBrainerWagers LLC reserves the unconditional right to terminate a member’s subscription, without refund, for abusive, threatening and/or harassing behavior directed at any member of NoBrainerWagers. Any fraudulent back-charge of services purchased after any degree of services have been rendered will result in a $10,000 legal reprimand. By becoming a client of NoBrainerWagers LLC, you expressly acknowledge that you have read, understood and agreed to the terms and conditions outlined throughout.