CHANGES TO THESE TERMS OF USE. We reserve the right, at our sole discretion, to modify, discontinue, or terminate the Platform, or to modify the Terms of Use, at any time and without prior notice. If we modify the Terms of Use, we will post the modification on the Platform and/or provide you with notice of the modification at the last email address you gave us. By continuing to access or use the Platform after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use is not acceptable to you, your only recourse is to cease using the Platform.
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MEMBER ACCOUNT REGISTRATION. In order to access the Platform, you must register with us and become a member (“Member”). As a Member you will be able to: (i) create a profile; (ii) create and join groups and channels for exchanging betting ideas with other Members; (iii) track and manage your betting activity; (iv) sign up for and receive alerts when other Members post User Content (as defined below) or make investments; (v) share your investment information and post commentary and other content (collectively, “User Content”); and (vi) email us. We are under no obligation to accept any individual as a Member, and may accept or reject any registration in our sole and complete discretion.

COMMUNITY GUIDELINES. Within Pikkit’s community, the “Golden Rule” applies. Basically, you are required to follow the community rules and to treat others the way you would want to be treated. Specifically and in addition, you agree as follows: 
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We reserve the right, in our sole and absolute discretion, to deny you access to the Platform, or any portion of the Platform, without notice, and remove any User Content that does not adhere to these guidelines.
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INTELLECTUAL PROPERTY. The Platform contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of Pikkit (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as expressly permitted under these Terms of Use. No other use is permitted without prior written consent from us. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your permission to access and/or use the Content and the Platform automatically terminates and you must immediately destroy any copies you have made of the Content. The trademarks, service marks, and logos of Pikkit (“Pikkit Trademarks”) used and displayed on the Platform are registered and unregistered trademarks or service marks of Pikkit. Other company, product, and service names located on the Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with the Pikkit Trademarks, the “Trademarks”). Nothing on the Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Pikkit Trademarks inures to our benefit. None of the Content may be retransmitted without our express, written consent for each and every instance.
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COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY. As noted above, we encourage you to submit User Content and communicate with us and other Members. However, we do not want you to, and you shall not, submit any User Content or other information that contains confidential or non-public information. With respect to all communications you send to us concerning Pikkit, our Platform or otherwise, including, but not limited to, feedback, questions, comments, suggestions, we will be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you. You retain all copyrights and other intellectual property rights in and to your User Content. You do, however, grant us a non-exclusive, worldwide, royalty-free license, with the right to grant sublicenses, to use, copy, publicly display, compile, combine with other content, modify (solely o conform such User Content to the technical requirements of the Platform), and publicly perform all User Content you provide to us in any media now known or hereafter devised solely in connection with providing the functionalities of the Platform, and the right, but not the obligation, to reproduce and use any such User Content, including, without limitation, your name, image, likeness, photograph, and Sign-In Name to advertise and promote the Platform and/or Pikkit. Without limiting the foregoing, you acknowledge and agree that uses of your User Content, name, image, likeness, photograph, and Sign-In Name permitted by the foregoing rights and licenses may include the display of such materials adjacent to advertising and other material or content, including for profit. If you submit User Content to us, each such submission constitutes a representation and warranty to Pikkit that such User Content is your original creation (or that you otherwise have the right to provide the User Content) or that you have the rights necessary to grant the license to the User Content under this Section, and that it and its use by Pikkit and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property, privacy, publicity, or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates Applicable Law or our community guidelines set forth above.

CONFIDENTIALITY. ALTHOUGH WE ENCOURAGE YOU TO CREATE AND UPLOAD USER CONTENT AND COMMUNICATE WITH US AND OTHER MEMBERS, PLEASE NOTE THAT ANY IDEAS, CONTENT, AND INFORMATION THAT YOU POST OR SHARE WITH OTHER MEMBERS THROUGH THE PLATFORM WILL BE SEEN AND MAY BE USED BY OTHER MEMBERS, AND WE CANNOT GUARANTEE THAT OTHER MEMBERS WILL NOT USE THOSE IDEAS, CONTENT, OR INFORMATION THAT YOU SHARE ON THE PLATFORM. THEREFORE, IF YOU HAVE ANY INFORMATION THAT YOU WOULD LIKE TO KEEP CONFIDENTIAL, THAT YOU DO NOT WANT OTHERS TO USE, AND/OR THAT IS SUBJECT TO THIRD-PARTY RIGHTS THAT MAY BE INFRINGED BY YOUR SHARING IT, DO NOT POST IT ANYWHERE ON OR THROUGH THE PLATFORM. IN ADDITION, YOU ARE REQUIRED TO COMPLY WITH ALL APPLICABLE LAWS WHEN POSTING USER CONTENT, INCLUDING, WITHOUT LIMITATION, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. PIKKIT IS NOT RESPONSIBLE FOR ANY MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY IDEA, CONTENT, OR INFORMATION THAT YOU POST ON OR THROUGH THE PLATFORM.
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NO WARRANTIES; LIMITATION OF LIABILITY. WE DO NOT WARRANT THAT THE WEBSITE, PLATFORM, OR APP WILL OPERATE ERROR-FREE OR THAT THE THEY, THEIR SERVERS, OR CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE CONTENT, THE WEBSITE, PLATFORM, OR APP RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. YOU UNDERSTAND AND AGREE THAT PIKKIT DOES NOT WARRANT THAT ANY TRANSACTION WILL BE EXECUTED, OR THAT TRANSACTIONS WILL BE EXECUTED WITHOUT DELAY. IN ADDITION, PIKKIT DOES NOT WARRANT THAT PRICE QUOTES ARE ACCURATE OR WILL BE FREE OF DELAY OR ERROR. YOU UNDERSTAND AND AGREE THAT THE EXECUTION OF MARKET AND STOP-MARKET ORDERS MAY BE AT A PRICE SIGNIFICANTLY DIFFERENT FROM THE QUOTED PRICE OF THAT SECURITY. LIMIT ORDERS WILL BE EXECUTED ONLY AT A SPECIFIED PRICE OR BETTER, BUT THERE IS THE POSSIBILITY THAT THE ORDER WILL NOT BE EXECUTED. Pikkit SHALL NOT BE RESPONSIBLE FOR ANY SUCH ORDERS THAT ARE NOT EXECUTED. THE CONTENT, WEBSITE, PLATFORM, AND APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TO THE EXTENT THAT PIKKIT MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM TRADING LOSSES, LOST DATA, OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, PLATFORM, APP, CONTENT, OR ANY RELATED SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, PLATFORM, APP, CONTENT, OR ANY RELATED SERVICES SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). THE WEBSITE, PLATFORM, AND APP MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED THEREIN. THE WEBSITE, PLATFORM, AND APP MAY CONTAIN INFORMATION ON INVESTMENTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO AN INVESTMENT ON THE WEBSITE, PLATFORM, OR APP DOES NOT IMPLY THAT SUCH INVESTMENT IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO PURSUE IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE, PLATFORM, OR APP AT ANY TIME WITHOUT NOTICE. THE CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. NO MATERIAL AVAILABLE THROUGH THE WEBSITE, PLATFORM, OR APP SHALL BE USED OR CONSIDERED AS AN OFFER TO SELL OR A SOLICITATION OF ANY OFFER TO BUY THE SECURITIES OR PRODUCTS OR SERVICES OF ANY ENTITY. INVESTMENT OFFERS CAN ONLY BE MADE WHERE LAWFUL UNDER, AND IN COMPLIANCE WITH, APPLICABLE LAW. THE WEBSITE, PLATFORM, AND APP PROVIDE NO INVESTMENT OR OTHER ADVICE, AND NO INFORMATION OR MATERIAL AVAILABLE THROUGH THEM IS TO BE RELIED UPON FOR THE PURPOSE OF MAKING OR COMMUNICATING INVESTMENT OR OTHER DECISIONS. IN MAKING AN INVESTMENT DECISION, YOU MUST RELY ON YOUR OWN EXAMINATION OF THE INVESTMENT AND THE TERMS OF THE OFFERING. WE DO NOT ADVISE ON THE TAX CONSEQUENCES OF ANY INVESTMENT. TO THE EXTENT THAT PAST PERFORMANCE IS AVAILABLE THROUGH THE WEBSITE, PLATFORM, OR APP, PAST PERFORMANCE IS NOT INDICATIVE OF FUTURE RESULTS, AND NO REPRESENTATION IS BEING MADE THAT ANY INVESTMENT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE ACHIEVED IN THE PAST, OR THAT SIGNIFICANT LOSSES WILL BE AVOIDED.
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INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Pikkit, our affiliates, and our and their respective past, current, and future shareholders, employees, officers, directors, attorneys, principals, trustees, representatives, agents, partners, predecessors, successors, and assigns from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement (including, without limitation, breach of any warranties or representations made by you herein) or any of your Transactions or Investments. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

THIRD-PARTY PROVIDERS. If you install or enable any online, web-based applications provided by third parties that interoperate with the Platform (“Third-Party Applications”) for use with the Platform, you acknowledge that we may allow providers of those Third-Party Applications to access your information as required for the interoperation of such Third-Party Applications with the Platform. We shall not be responsible for any disclosure, modification, or deletion of your information resulting from any such access by Third-Party Application providers, and any such access and use of your information shall be subject to the privacy policies of such Third-Party Application providers. Certain feature of the Platform may interoperate and/or integrate with third-party APIs or widgets. Such features depend on the continuing availability of such APIs or widgets. If these providers cease to make their API or widgets or program available on reasonable terms for the Platform, we may cease providing such features without notice or liability.
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THIRD-PARTY SPORTSBOOK ACCOUNT INFORMATION. Our Platform may employ proprietary technology to allow you to retrieve, view and maintain information and conduct transactions with certain state-licensed sportsbook operators (“Third-Party Sportsbooks”). Pikkit is not responsible for any account information obtained from Third-Party Sportsbooks. When you direct Pikkit to retrieve your account information from Third-Party Sportsbooks, you grant Pikkit a limited power of attorney to access the third-party services to retrieve such account information solely as you direct. Pikkit will be acting as your agent and will not be acting on behalf of any Third-Party Sportsbooks. You agree that the Third-Party Sportsbooks Third Party Bookmakers featured on all Pikkit the Platforms shall be entitled to rely on the foregoing authorization and agency granted by you. Pikkit does not review information from Third-Party Sportsbooks for accuracy and is not responsible for any issues or expenses resulting from such account information, including any inaccuracy, error, delay, or non-delivery. For the avoidance of doubt, Pikkit is not responsible for any payment processing errors or fees arising from inaccurate account information provided by third parties.
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BET PLACEMENT WITH YOUR THIRD-PARTY SPORTSBOOK ACCOUNT. Our Platform may integrate with bet placing services provided by certain Third-Party Sportsbooks. If you choose to use such features of the Platform, opening a bet slip on the Platform will either navigate you to the Third-Party Sportsbooks' website, or connect you to the Third-Party Sportsbooks’ betting API service. Please ensure you check all your bet details are correct on the bet slip before placing a bet. You are solely responsible and liable for all activity that occurs on both your Pikkit and Third-Party Sportsbooks accounts. Terms and conditions vary between Third-Party Sportsbooks and apply to any bet placed with that Third-Party Sportsbooks regardless of whether the bet was facilitated through an integration with our Platform. If you have any queries relating to a bet, including any requests to void a bet, you should contact the Third-Party Sportsbooks directly.
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THIRD-PARTY CONTENT. The Platform may contain links, including, without limitations, in the form of banners/advertisements, to third-party websites (collectively, “Third-Party Content”). These links are provided solely as a convenience to you and/or as part of Pikkit’s participation in affiliate revenue programs and not as an endorsement by us of the content on such Third-Party Content. The content of such Third-Party Content is developed and provided by others. You should contact the site administrator or webmaster for those Third-Party Content if you have any concerns regarding such links or any content located on such Third-Party Content. We are not responsible for the content of any linked Third-Party Content and do not make any representations regarding the content or accuracy of materials on such Third-Party Content. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked Third-Party Content, you do so at your own risk.
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COMPLIANCE WITH APPLICABLE LAWS. The Platform is based in the United States. We make no claims concerning whether the Platform or Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Platform or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
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TERMINATION OF THE PLATFORM OR YOUR ACCESS TO THE PLATFORM. We reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to all or any part of the Platform, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.

DOWNLOADING THE APP FROM THE APP STORE. The following terms apply when you download the App from Apple’s App Store. These terms are in addition to all other terms contained in the Agreement. 
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CONTROLLING LAW. These Terms of Use are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the Platform shall be deemed a passive service that does not give rise to personal jurisdiction over Pikkit, either specific or general, in jurisdictions other than New York. YOU AGREE THAT ANY COMMON-LAW CAUSE OF ACTION ARISING UNDER TORT, CONTRACT, OR WARRANTY RELATED TO THE PLATFORM OR OTHERWISE ARISING UNDER THESE TERMS OF USE MUST BE COMMENCED BY YOU WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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BINDING ARBITRATION AGREEMENT. In the event of a dispute arising under or relating to these Terms of Use, the Content, or the Platform (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 19 below, nothing in these Terms of Use will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

30-Day Right to Opt Out. You have the right to opt out of the provisions of this Binding Arbitration Agreement by sending written notice of your decision to opt out to the address at the end of these Terms of Use, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Pikkit username (if any), the email address that is associated with your Pikkit account (if you have one), and an unequivocal statement that you want to opt out of this Binding Arbitration Agreement. If you opt out of this Binding Arbitration Agreement, all other parts of this Terms of Use will continue to apply to you.

‍CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
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EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Use. We may, without waiving any other remedies under these Terms of Use, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. 
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MISCELLANEOUS. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be deemed restated, in accordance with applicable law, to reflect as nearly as possible the original intentions of the parties, and the remainder of the Agreement will remain in full force and effect. The following provisions will survive any expiration or termination of this Agreement: “Intellectual Property,” “Confidentiality,” “No Warranties; Limitation of Liability,” “Release,” “Indemnification,” “Communications Decency Act Notice,” “Compliance with Applicable Laws,” “Controlling Law,” “Binding Arbitration,” “Class Action Waiver,” “Equitable Relief,” and “Miscellaneous.” Our failure to act on or enforce any provision of these Terms of Use shall not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver shall be effective against us unless made in a signed writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in a signed writing, these Terms of Use constitutes the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms of Use will inure to the benefit of our successors, assigns, licensees, and sublicensees. 
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LANGUAGE OF TERM. The parties have expressly requested that these Terms be drafted in English. Il est de la volonté expresse des parties que cet accord soit rédigée en anglais. 
Where we have provided a translation of the English version of these Terms, you agree that the translation is provided for your convenience only and that the English language version of these Terms governs your relationship with Pikkit. If there is any inconsistency between the English language version of these Terms and a translation, then the English language version will take precedence.
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