TERMS & CONDITIONS

TERMS OF USE

These terms and conditions (“Terms of Use”) apply to all associated websites owned or operated by Ghost Picks, LLC, including, but not limited to, the Ghost Picks ATS website currently located at www.ghostpicksats.com (collectively, the “Site”). The Site is the property of Ghost
Picks, LLC, and its licensors.


YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE CONTENT, SERVICES, AND TOOLS OFFERED BY THE SITE, YOU HAVE AGREED, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS OF USE AND ANY ADDITIONAL TERMS THAT MAY APPLY. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.


Ghost Picks, LLC, reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time, consistent with applicable law. It is your responsibility to check these Terms of Use periodically for changes. Ghost Picks, LLC, will post a notification on this Site or otherwise provide notice to you if these Terms of Use materially change. Such changes, whether in the form of modifications, additions, or deletions, shall become effective when specified in the relevant notification. If you do not agree to the changes,
do not continue to use this Site after the date they become effective. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Ghost Picks, LLC, grants you a personal, non-
exclusive, non-transferable, limited privilege to enter and use the Site.


1. Use of Information. You acknowledge and agree that the information that you will receive from this Site or to which you will be provided access, whether through this Site (or any affiliated websites) or directly, is intended solely for your entertainment purposes only. Specifically, you represent and warrant that:


a. You will not copy, reproduce, republish, upload, post, publicly display, encode, translated, transmit, sell, distribute, or otherwise exploit in any way (including, but not limited to, by “mirroring”) to any other computer, server, website, or other media for publication or distribution or for any commercial enterprise, without Ghost Picks, LLC's express prior written consent.
b. You will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available to you through the Site.
c. You will not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of Ghost Picks, LLC, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
d. You will not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
e. You will not modify, reverse engineer, decompile, disassemble, reduce or attempt to reduce to a human-perceivable form any of the source code used in providing this Site, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Ghost Picks, LLC, including any Ghost Picks ATS account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to Personal
Identifiable Information ("PII" further defined below), other than your own information, as provided for by the Site.
f. You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the Ghost Picks ATS systems or networks, or any systems or networks connected to the Site or to Ghost Picks, LLC.
g. You will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site, including, but not limited to, by interfering or attempting to interfere with service to any visitor, host, or networks, such as by means of submitting a virus or any other harmful component to this Site, or by overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” this Site.
h. You will not use this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services.
i. You will not frame or utilize framing techniques to enclose any aspect of this Site, such as any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form), or to use any metatags or any other “hidden text” utilizing the Ghost Picks, LLC's name or trademarks without the Ghost Picks, LLC's express written consent.
j. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Ghost Picks, LLC, on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

k. You may not use the Site, including, but not limited to, any Content or Materials contained therein, for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Ghost Picks, LLC, or others. 

2. Content and Intellectual Property. All fantasy-related player salaries, player usage statistics, historical player performance, stadium weather, lines, odds, betting percentages, betting systems, fantasy trends, fantasy systems, fantasy angles, homerun rate predictions, pitcher strikeout rate predictions, stadium trends, picks, articles, text, hidden text within source code, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, music, sounds, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned by Ghost Picks, LLC, or its licensors, and is protected by U.S. and international intellectual property and proprietary rights. When accessing this Site, you agree to obey the law and to respect the intellectual property rights of Ghost Picks, LLC, and others. All materials contained or distributed in this website (collectively, “Materials”) are owned by Ghost Picks, LLC, or its licensors. Except for downloading one copy of the Materials on any single computer for your personal, non-commercial home use, you must not reproduce, modify, copy, publish, transmit, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Ghost Picks, LLC, and, if applicable, any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing the Materials. Materials may not be used in any unauthorized manner.


3. Feedback and User Content. Any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to the Site or Ghost Picks ATS, that you provide to Ghost Picks, LLC, (but excluding your PII) (collectively, “Feedback”) is deemed to be Ghost Picks, LLC's proprietary information. Ghost Picks, LLC, may use such Feedback for any purpose, including, but not limited to, improvement and modification of the Site, and Ghost Picks, LLC, shall own all rights, title, and interest in and to the Feedback and such improvements and modifications. This Site may contain message boards, profiles, and other interactive features that allow users to post, submit, publish, display, or transmit content and materials, including, but not limited to, photos, videos, other creative transmissions (“User Content”). All User Content must comply with the standards set out in these Terms of Use. By providing any User Content on this Site, you hereby grant to Ghost Picks, LLC, and its affiliates, and each of their respective licensees, successors, and assigns a non-exclusive, irrevocable, unrestricted, perpetual, transferable, worldwide and royalty-free, and fully paid-up right and license to use, reproduce, modify, perform, display, distribute, and otherwise exploit the User Content for any purpose. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to Ghost Picks, LLC, and its affiliates, and each of their respective licensees, successors, and assigns. Ghost Picks, LLC, is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. The terms “Feedback” and “User Content” do not include any personally identifiable information, such as your name, e-mail address, physical address, phone number(s), and credit card information (collectively, “PII”) that you may provide to Ghost Picks, LLC, and which is subject to the privacy standards set forth in Ghost Picks, LLC's Privacy Policy. To access parts of this Site or some of the resources it offers, you may be asked to provide certain information, including, but not limited to, PII. It is a condition of your use of this Site that all the information you provide on this Site, including, but not limited to, PII, is correct, current, and complete


4. Trademarks. You acknowledge that the various trademarks appearing on this website (and on any affiliated website) are the property of their respective owners, and nothing contained herein shall be deemed a license or other grant of rights to use such trademarks.

 

5. Intended Audience. This website is intended for adults ages twenty-one (21) and over. Users under twenty-one (21) years old are prohibited from using the Site for any purpose. By using this Site, you represent and warrant that you are at least twenty-one (21) years of age.

 

6. Subscriptions. You acknowledge and agree that payments made for any subscription access to this Site (and any affiliated websites) shall be deemed earned in full once you access the "Subscription Only" area of this Site (or any affiliate websites). You may cancel your Ghost Picks ATS subscription at any time, however, you acknowledge and agree that you shall not be entitled to any refund in the event your subscription is terminated, regardless of the reason for termination. You acknowledge and agree that all sales are final and that there shall be no refunds, exchanges, or credits for partially used billing periods. Ghost Picks, LLC, may change the price for paid subscriptions, including recurring subscription fees, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Site after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the paid subscription prior to the price change going into effect.


7. Account Security. As a user of this Site (and any affiliated website), you may receive or establish an account (“Account”). You acknowledge and agree that you are solely responsible for maintaining the confidentiality and security of your Account and that you are not permitted to let anyone else use your Account. You further acknowledge that you will not reveal your Account information to anyone else or use anyone else's account. You also agree to immediately notify this website of any unauthorized use of your Account or any other breach of security.


8. Privacy. Ghost Picks, LLC's Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Ghost Pick, LLC's Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.


9. Third-Party Content, Links, and Services. The Site may display content or tools provided by third parties, links to third-party websites, or both, including advertisements and solicitations to purchase products or services (collectively, “Third-Party Content”). In consideration for the convenience of Ghost Picks, LLC, making this Third-Party Content available or accessible to you, you acknowledge that Ghost Picks, LLC, has not reviewed all of the Third-Party Content and that Ghost Picks, LLC, is not responsible or liable for any such Third-Party Content, including, but not limited to, the privacy practices of third parties offering such Third-Party Content. You must contact the third-party directly for any remedies that may be available to you. Please be aware that access to any Third-Party Content does not constitute an endorsement by Ghost Picks, LLC, or any of its subsidiaries or affiliates, of any third parties or Third-Party Content. Likewise, Ghost Picks, LLC, is not the seller of products purchased from third parties offering Third-Party Content and is in no way responsible for shipping their products. Ghost Picks, LLC, may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third-party participation is acceptable. If Ghost Picks, LLC, provides links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through Ghost Picks, LLC's links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. Ghost Picks, LLC, does not control User Content on social media homepages and is not responsible for any third-party use of your User Content that you have posted, transmitted, or otherwise made available there.


10. Monitoring; Copyright Complaints. You agree that Ghost Picks, LLC, has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in Ghost Picks, LLC's sole discretion, any Material and Content anywhere on this Site. Notwithstanding this right, Ghost Picks, LLC, does not and cannot review all Materials, User Content, PII, and Feedback submitted to this Site. If notified, Ghost Picks, LLC, may investigate an allegation that content transmitted to Ghost Picks, LLC, is in violation of these Terms of Use, and Ghost Picks, LLC, will determine whether to have the communication removed. However, Ghost Picks, LLC, is under no obligation to remove content and assumes no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third-party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Ghost Picks, LLC, may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify Ghost Picks, LLC, by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512):

a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at this Site are covered by a single notification, a representative list of such works at this Site;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ghost Picks, LLC, to locate the material;
d. information reasonably sufficient to permit Ghost Picks, LLC, to contact you, such as an address, telephone number, and if available, an email address;
e. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and

f. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Please send the written communication to Ghost Picks, LLC's copyright agent by email AND by U.S. Mail to:

Ghost Picks, LLC
328 Marshside Dr. N
St. Augustine, Florida 32080
ATTN: DMCA Agent
Email: ghostpicksats@gmail.com
Email Subject: "DMCA Request"

11. Disclaimers. GHOST PICKS, LLC, DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE OF THE SITE WILL BE AVAILABLE, ERROR-FREE, OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. GHOST PICKS, LLC, CANNOT ENSURE THAT THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE, WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. GHOST PICKS, LLC, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. GHOST PICKS, LLC, DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES OF GHOST PICKS, LLC. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY THIRD-PARTY CONTENT. YOUR SOLE REMEDY AGAINST GHOST PICKS, LLC, FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. YOU UNDERSTAND THAT THIS SITE CONTAINS INFORMATION ABOUT SPORTS, FANTASY SPORTS, AND SPORTS BETTING, BUT THAT THIS INFORMATION AND CONTENT DOES NOT CONSTITUTE “ADVICE”, NOR DOES IT CONSTITUTE ANY “RECOMMENDATION” ON WHETHER OR HOW TO ENGAGE IN DAILY FANTASY OR SPORTS BETTING ACTIVITIES. GHOST PICKS, LLC, ACCEPTS NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT OR MATERIAL FOUND THEREIN, OR AS A RESULT OF BETTING RISKS OR FANTASY SPORTS RISKS. ANY SPORTS BETTING OR FANTASY SPORTS ACTIVITY IS INHERENTLY RISKY UNDERTAKEN AT YOUR OWN RISK.


12. Applicable Law and Venue. By use of this Site you irrevocably consent to the application of the laws of the State of Florida, without regard to its conflicts of laws provisions, to govern any and all disputes with Ghost Picks, LLC, related to these Terms of Use. Subject to the injunctive relief terms set forth herein, you also irrevocably consent to the exclusive venue of the courts of St. Johns County, Florida, or the U.S. District Court for the Middle District of Florida. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.


13. Dispute Resolution. Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in St. Johns County, Florida, except that, to the extent you have in any manner violated or threatened to violate the Ghost Picks, LLC's intellectual property rights, Ghost Picks, LLC, may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard, each party shall pay for and bear its own costs and legal fees, costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR GHOST PICKS, LLC, WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.


14. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES ARE GHOST PICKS, LLC, ITS OFFICERS, DIRECTORS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL, OR SPECIAL DAMAGES WHETHER OR NOT FORESEEN, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF USE OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF GHOST PICKS, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of Third-Party Content advertised on, or linked to the Site. Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises. Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you. All other provisions of these Terms of Use shall remain in full force and effect.

15. Indemnity. You agree to defend, indemnify, and hold harmless Ghost Picks, LLC, and its affiliates and their officers, directors, employees, consultants, agents, licensors, and suppliers from and against any and all claims, losses, expenses, liabilities, settlements, litigation, damages, and/or costs (including, but not limited to, attorneys fees, court costs, and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site, including, but not limited to, any Materials or User Content, (ii) any violation of these Terms of Use or applicable law by you in connection with your use of the Site, including, but not limited to, any Materials or User Content, (iii) any actual or alleged infringement by you, or any person accessing the Site, including, but not limited to, any Materials or User Content, using your password or account identifier, of any intellectual property or privacy or other rights of any third party, or (iv) any unauthorized use of password protected Materials or User Content utilizing your account information, whether or not known or authorized by you. Ghost Picks, LLC, reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without Ghost Picks, LLC's prior written consent.


16. Rights to Terminate Use. Upon termination of your account for any reason, Ghost Picks, LLC, will retain your data in accordance with its Privacy Policy. Even if your account is terminated, be aware that these Terms of Use, to the extent any provisions by their nature will survive any expiration or termination of these Terms of Use, shall so survive. To the extent that any part of this Site offers subscriptions to users, Ghost Picks, LLC, reserves the right to cancel any such subscriptions at any time in its sole and absolute discretion, upon which time affected users shall be notified of such cancellation. You agree that Ghost Picks, LLC, reserves the right, without prejudice to its other rights, to suspend or terminate your use of the Site at any time where Ghost Picks, LLC, has determined, in its sole discretion that the use of the Site by you is, or was, in breach of these Terms of Use. ACCORDINGLY, IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO GHOST PICKS, LLC, AND WITHOUT ANY LIABILITY WHATSOEVER, GHOST PICKS, LLC, AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT ACCESS YOUR ACCESS TO THE SITE AND/OR THE SERVICES.


17. State-Specific Provisions. Under California Civil Code Section 1789.3, users of this Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Ghost Picks, LLC, may be contacted via e-mail at ghostpicksats@gmail.com.


18. Additional Remedies. You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice and cause irreparable harm to Ghost Picks, LLC, for which monetary damages would be inadequate, and you consent to Ghost Picks, LLC obtaining any injunctive or equitable relief that Ghost Picks, LLC, deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Ghost Picks, LLC, may have at law or in equity.


19. Difficulty Ascertaining Damages. You acknowledge and agree that your breach of any of the restrictions relating to the information you may receive from this Site (regardless of whether you receive such information directly, from this Site or from any affiliated website) is likely to cause Ghost Picks, LLC, irreparable harm and that the harm caused may not be readily ascertainable (particularly in circumstances where you have republished or disseminated information in violation of the restrictions contained herein). You further acknowledge and agree that if the harm caused by your breach of the restrictions contained herein is incapable of being ascertained with certainty, then in any action relating to such breach, Ghost Picks, LLC, will be entitled to recover an award of damages of not less than $5,000.00 per instance of disclosure, publication or dissemination of information in violation of these terms and conditions.


20. Survival. The provisions of these Terms of Use shall survive any termination of these Terms of Use to the extent necessary to effectuate the terms contained herein.


21. Waiver. Ghost Picks, LLC's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.


22. General Provisions. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. Ghost Picks, LLC, may assign its rights and duties under these Terms of Use to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without Ghost Picks, LLC's prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use. If any provision of these Terms of Use is held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.


These Terms of Use, together with Ghost Picks, LLC's Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter.


If you have any questions or comments regarding these Terms of Use, Ghost Picks, LLC's Privacy Policy, or this Site, please feel free to contact Ghost Picks, LLC, by email at ghostpicksats@gmail.com.

PRIVACY POLICY

Your privacy is important to the Ghost Picks, LLC, and its affiliates ("Ghost Picks, LLC"; “we,” “us,” and “our”). This Privacy Policy (“Privacy Policy”) describes the information, data collection, and other privacy practices for the sites owned or operated by us, including, but not
limited to, the Ghost Picks, LLC, website currently located at www.ghostpicksats.com (collectively, the “Site”). This Privacy Policy addresses, without limitation, what type of information is gathered and tracked, how the information is used, and with whom the information is shared. This Privacy Policy applies to all of your interactions with Ghost Picks, LLC, such as when you purchase products or services, sign up for a newsletter or provide information to Ghost Picks, LLC, at a trade show or other event.


By visiting our Site or submitting your Personal Information (as defined below) to us by any means, you are giving your consent to our collection, use, and disclosure of your Personal Information as described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please exit our Site and do not provide Personal Information to us.


Personal Information We Collect About You:
This Privacy Policy applies to all information collected by or submitted to Ghost Picks, LLC, and third parties acting on its behalf. “Personal Information” is data that reasonably can be used to identify, relate to, or describe an individual, such as your name, e-mail address, physical
address, phone number(s), and credit card information. You do not need to provide us Personal Information to simply browse our Site. However, we may collect certain Personal Information and information about your activities while browsing our Site, as described below.


Information Collected Directly From You:
When you visit and/or use our Site, we may collect information from you, including but not limited to, the following:

  • your first and last name;

  • your title and your company’s name;

  • your home, billing, or other physical address (including street name, name of a city or town, state/province, postal code);

  • your e-mail address;

  • your telephone number;

  • your educational background, employment experience, and job interest (for job applicants submitting information electronically);

  • any other identifier that permits Ghost Picks, LLC, to make physical or online contact with you; and

  • any information that Ghost Picks, LLC, collects online from you and maintains in association with your account, such as: (a) your username; (b) your password; and/or (c) your credit card account information.

Ghost Picks, LLC, may also collect Personal Information from individuals (with their consent) at conventions, trade shows, and expositions.


Information Collected Automatically


As you use and access our Site, we and our service providers (which are third-party companies that work on our behalf to provide and enhance the Site) may use a variety of technologies to automatically collect information, including but not limited to:

  • Usage Information. Please be aware that our Site collects usage data, such as the source address from which a page request originates (i.e., your IP address, domain name, type of computer), date and time of the page request, the referring web site (if any), and other parameters in the URL (e.g., search criteria). We use this data, for instance, to better understand our Site usage in the aggregate so that we know what areas of our Site users prefer (e.g., based on the number of visits to those areas). This information is stored in log files and is used for aggregated and statistical reporting. It is not attributed to you as an individual (i.e., log files are not associated with any particular user, computer, or browser).

  • Location Information. We collect and process general information about the location of the device from which you are accessing the Site (e.g., approximate geographic location inferred from an IP address).

  • Cookies and Browser Information. Ghost Picks, LLC, uses cookies for a variety of purposes. A cookie is a name for tokens of information that our Site may provide to your browser while you are at the Site. Cookies are stored on your device’s hard drive and, once placed there, the cookie will remain until you remove it. We use cookies for a variety of purposes, including but not limited to: (a) helping us keep track of the items that you place in your shopping cart; (b) helping us to better understand our Site usage in the aggregate so that we know what areas of the Site users prefer, and (c) to collect information that will help us customize content specific to your interests and make your navigation of our Site easier during subsequent visits. We also use cookies when you register for our online groups to authenticate you and provide you access to those areas of the Site and to simplify your data entry for some of our online forms. We may also use temporary or “session” cookies to help you learn more about and/or order our services. If you simply want to browse, you do not have to accept cookies from the Site. Should you decide, however, that you would like to register and login to special areas of the Site and you have modified your browser settings not to accept cookies, you will need to reset your browser to accept the cookies that we send it. Otherwise, you may not be able to participate in certain areas of the Site. Most browsers are defaulted to accept and maintain cookies.

  • Web Beacons. Web beacons (also known as “web bugs”) are small strings of code that provide a method of delivering a graphic image on a web page or in an e-mail message for the purpose of transferring data. We may use web beacons (or clear GIFs) on our Site or include them in the e-mail messages we send you for many purposes, including site traffic reporting, unique visitor counts, advertising e-mail auditing and reporting, and personalization. Information gathered through web beacons may be linked to your Personal Information.

  • IP Addresses and Log Files.  An Internet Protocol (“IP”) address is a number assigned to each computer on a network to identify your computer every time you log on to the Internet. We may keep track of IP addresses to troubleshoot technical concerns and to maintain the safety and security of our Site, such as by reviewing your IP address in combination with your Personal Information for credit fraud protection and risk reduction. In addition, we may use IP addresses to analyze trends, administer this Site, track traffic patterns, and gather demographic information for aggregate use.


How and Why We Use Your Personal Information


Ghost Picks, LLC, collects and uses Personal Information to operate and improve its Site and deliver the services or carry out the transactions you have requested. These uses may include providing you with more effective customer service; making the Site or services easier to use by
eliminating the need for you to repeatedly enter the same information; performing research and analysis aimed at improving our products, services, and technologies; and displaying content and advertising that are customized to your interests and preferences. Specific circumstances may include when:

  • you make purchases of products or services. If you request something from the Site (for example, a product or service, a callback, or specific marketing materials), we will use the information you provide to fulfill your request;

  • you request support for Ghost Picks, LLC's products or services;

  • you create a user account (e.g., login user name and password) on the Site;

  • you register for webcasts, seminars, or roundtables;

  • you request information or materials (e.g., whitepapers or newsletters);

  • you participate in surveys and evaluations. As part of a transaction, we may contact you as part of our customer satisfaction surveys or for market research purposes;

  • you participate in promotions, contests, or giveaways, which we may offer from time to time;

  • you apply for a job, or submit your resume to Ghost Picks, LLC; or

  • you submit questions, inquiries, or comments to Ghost Picks, LLC.

 

We also use your Personal Information to communicate with you. We may send certain necessary service communications such as welcome letters, billing reminders, information on technical service issues, and security announcements. Some of Ghost Picks, LLC's services may

send periodic member letters that are considered part of the service. We may also contact you to inform you of other products or services available from Ghost Picks, LLC, and its affiliates. Personal Information collected on the Site and services may be stored and processed in the United States, and by using the Site, product, or service, you consent to any such transfer of information. We may anonymize or aggregate Personal Information and share it with third parties for any purpose, including to better understand users’ activity on our Site and provide services to our visitors.


Who We Share Your Information With


We may disclose and/or share your information under the following circumstances:

  • Affiliates and Subsidiaries.  We may share the information we collect within Ghost Picks, LLC's family of companies.

  • Service Providers.  We may provide access to or share your information with select entities that use the information only to perform services on our behalf. These service providers provide a variety of services to us, including without limitation, processing and delivery of mailings, providing customer support, hosting websites, processing transactions, performing statistical analysis of our services, administering of promotions, sweepstakes, surveys, providing marketing assistance, or similar such services, data storage, security, fraud prevention, and other services. These companies will be permitted to obtain only the Personal Information they need to deliver the service, are required to maintain the confidentiality of the Personal Information, and are prohibited from using it for any other purpose.

  • Business Partners.  Some services of Ghost Picks, LLC, may be co-branded and offered in conjunction with another company. If you register for or use such services, both Ghost Picks, LLC, and the other company may receive information collected as part of the co-branded services.

  • Direct Marketing.  We may share the information with third-party partners to provide you with information, including marketing, about services that we think you might want and to promote Ghost Picks, LLC's products, and services to you.

  • Business Transactions.  We may disclose your Personal Information in connection with the evaluation of or entering into a corporate transaction where all or a portion of our business or assets (including our associated customer lists containing your Personal Information) change ownership, are sold or are transferred. Such a transaction would include a bankruptcy proceeding. If we purchase a business, the Personal Information received with that business will be treated in accordance with our Privacy Policy in effect at that time, so long as it is practicable and permissible to do so.

  • Third Parties for Legal Purposes.  From time to time, we may use your Personal Information: (a) if we need to respond to valid legal process, including, but not limited to, a search warrant, subpoena, or court order, and any other instance when we believe we are required to do so by law; or (b) if we deem it necessary to disclose Personal Information, in our sole discretion, to comply with any applicable law, regulation, legal process or governmental request, or to protect our rights or interests, including to enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations of those agreements. We may also use or disclose Personal Information to respond to claims that any content violates the rights of third parties; and/or to protect our rights, property or personal safety, or that of our agents and affiliates, our users and/or the public. This includes exchanging information with other companies and organizations for information security, fraud protection, spam/malware prevention, and similar purposes.

  • Online Advertising and Direct Marketing.  We may work with third parties that collect and use information about your website and mobile app usage over time and across our and non-affiliated websites and mobile apps including on different devices and browsers. These partners may use cookies, web beacons, pixels, and other similar technology to collect this information and use it to infer your interests and deliver relevant advertising to your browser or device, and browsers or devices associated with it. This activity is called interest-based advertising. To learn more information about interest-based advertising, and to opt-out of interest-based advertising on your browser from companies that participate in industry self-regulation, U.S. users can visit: www.youradchoices.com and EU users can visit: www.youronlinechoices.eu. Ghost Picks, LLC, adheres to the Digital Advertising Alliance's Self-Regulatory Principles. You may visit the Network Advertising Initiative’s Consumer Opt-Out Link, the from companies that participate in those programs. You may opt-out of Google’s use of cookies for behavioral advertising by visiting the Google advertising opt-out page. We do not control these opt-out links or whether any particular company chooses to participate in these opt-out programs. We are not responsible for any choices you make using these mechanisms or the continued availability or accuracy of these mechanisms.

 

When you exercise choice through these tools, you will still receive advertising but that advertising may be less relevant to you. After you make your choices, data will no longer be collected from your browser or device for interest-based advertising on that browser or device, or associated browsers or devices. Additionally, data from those associated browsers and devices will not be used for interest-based advertising on the browser or device for which you made your choices. Data may still be collected for other purposes, such as analytics, reporting, and research. If you delete your cookies, reset your mobile identifier, or use multiple browsers or devices, you will need to register your opt-out choices again.


Website Analytics and Do Not Track

  • Website Analytics.  We may use third-party web analytics services on our Site to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

 

  • Notice Concerning Do Not Track.  Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our Site for third-party purposes. However, we do not currently recognize or respond to browser-initiated DNT signals. To learn more about Do Not Track, please visit: https://allaboutdnt.com.


Unaffiliated Third Parties on the Site


If you voluntarily disclose information in an e-mail or other communication with third parties found on the Site or in other materials, that information, along with any other information disclosed in your communication, can be collected and correlated and used by such third parties and may result in you receiving unsolicited messages from other persons. Such collection, correlation, use, and messages are beyond our control. We do not warrant specific third parties or their goods or services, regardless of whether such third parties offer goods or services on the Site from time to time. Any relationship between you and such third parties will be governed exclusively by the terms offered by the third party and agreed to by you. If you provide these third parties with any Personal Information or other information, their use of such information will be subject to their privacy policies, if any, and will not be governed by this Privacy Policy. In addition, if you accept third-party goods or services advertised on the Site, a third party may be able to determine that you have a relationship with us (e.g., if the offer is made only through the Site).


Your Choices


Ghost Picks, LLC, provides a number of ways for you to “opt-out” of receiving additional information from us or having us provide your Personal Information to our partners. We may offer you these choices at the time you give us your information. If you do not wish to continue receiving certain marketing materials (e.g., email messages), you can opt-out of receiving these materials by following the unsubscribe instructions provided in the materials. This option does not apply to communications primarily for the purpose of administering orders, contracts, support, product safety warnings, software updates, or other administrative and transactional notices.


California Privacy Rights


If you are a California resident, you may have certain rights. California law may permit you to request that we:

  • Provide you the categories of personal information we have collected or disclosed about you in the last twelve (12) months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.

  • Provide access to and/or a copy of certain information we hold about you.

  • Delete certain information we have about you.

You may have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Site and for compliance with applicable law. If you ask us to delete certain information, you may no longer be able to access or use the Site.

 

California Civil Code Section § 1798.83 permits users of our Site that are California residents to request, once per year, that we disclose the identity of any third parties with whom we have shared personal information for the third parties’ direct marketing purposes within the previous calendar year, along with the type of personal information disclosed. To make such a request, please send an email to contact@ghostpicksats.com.


If would like to exercise any of these rights, please contact us at ghostpicksats@gmail.com.


You will be required to verify your identity before we fulfill your request. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.


Categories of personal information we collect.  

 

Throughout this Policy, we discuss in detail the specific pieces of Personal Information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of Personal Information we collect. The categories we collect are: identifiers (such as name, address, email address); commercial information (such as transaction data and wager information); financial data (such as credit card information); internet or other network or device activity (such as browsing history or Site usage); general geolocation information (e.g., your city and state based on IP address or precise location, with your consent); professional or employment-related data; audio or visual information (such as call recordings if you do not opt-out); potentially protected classifications (such as gender); physical characteristics or description (e.g., if you voluntarily submit a photo); and other information that identifies or can be reasonably associated with you.

How we use these categories of personal information.  

We and our service providers may use the categories of Personal Information we collect from and about you for the following business purposes and commercial (as those terms are defined in applicable law):

  • Our or our service provider’s operational purposes;

  • Auditing consumer interactions on our site (e.g., measuring ad impressions);

  • Detecting, protecting against, and prosecuting security incidents and fraudulent or illegal activity;

  • Bug detection and error reporting;

  • Customizing content that we or our service providers display on the Services (e.g., contextual ads);

  • Providing the Services (e.g., account servicing and maintenance, customer service, advertising and marketing, analytics, and communication about the Services);

  • Improving our existing Services and developing new services (e.g., by conducting research to develop new products or features);

  • Other uses that advance our commercial or economic interests, such as third-party advertising and communicating with you about relevant offers from third-party partners;

  • Other uses about which may we notify you about: Examples of these types of uses are discussed throughout our privacy policy. We may also use the categories of Personal Information for compliance with applicable laws and regulations, and we may combine the information we collect (“aggregate”) or remove pieces of information (“de-identify”) to limit or prevent identification of any particular user or device. Except as set forth herein, unless you have provided consent, Ghost Picks, LLC, will not (a) sell, rent, or lease your Personal Information to third parties; and (b) disclose your Personal Information to third parties for their own marketing purposes.

 

Categories of personal information we disclose for business purposes


Ghost Picks, LLC, may disclose the following categories of information about you or your use of
the Site for business purposes (as defined by applicable law) or as required by applicable law: Identifiers (such as name, address, email address); commercial information (such as transaction data and wager information); financial data (such as credit card information); internet or other network or device activity (such as browsing history or app usage); geolocation information; biometric information; sensory information (such as audio or visual information); professional or employment related data (when you apply for a job), education data, inference data about you; legally protected classifications (such as gender and marital status); insurance (including health insurance) information, medical information, and other information that identifies or can reasonably be associated with you.


Sale of Personal Information

California residents may opt-out of the “sale” of their personal information. Under the CCPA, a sale is broadly defined such that it may include allowing third parties to collect or receive certain information, such as cookies, IP address, and/or browsing behavior, to deliver targeted advertising on the Services or other services. Advertising, including targeted advertising, enables us to provide you certain content for free and allows us to provide you with offers relevant to you. Depending on what Services you use, we may provide the following categories of personal information to third parties for these purposes:

 

  • For online targeted advertising purposes: demographic and statistical information, user-generated content, device information and identifiers, connection and usage data, geolocation, and social media information.

  • For sharing with third parties to send you relevant offers and promotions and opportunities: contact and registration information; demographic and statistical information, commercial data (such as transaction data and wager information), employment and education data, user-generated content, and geolocation.

  • If you would like to opt-out of the Ghost Picks, LLC's use of your information for such purposes that are considered a “sale” under California law, you may do so by submitting a request to ghostpicksats@gmail.com.


Notice for Nevada Residents
Under Nevada law, certain Nevada consumers may opt-out of the sale of “personally identifiable information” for monetary consideration (as such terms are defined under Nevada law) to a person for that person to license or sell such information to additional persons. We do not engage in such activity; however, if you are a Nevada resident and you have purchased services from us, you may submit a request to opt-out of any potential future sales under Nevada law by submitting a request to ghostpicksats@gmail.com. Please note we may take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.


How to Update Your Information


Email Newsletters.

Should your email address change, you may manage your subscription by unsubscribing to our newsletter and re-subscribing with your new email address.


Specialized Areas

Specialized areas of our Site that require you to register may identify, at the
point of collection, the ways available for you to update your information. Generally. At any time, you may update your information by emailing us at ghostpicksats@gmail.com.

Safeguarding Your Personal Information
We recognize industry standards and employ security safeguards designed to protect your Personal Information from unauthorized access and misuse. We use the most accurate and current information you provide in order to process your request. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your information, we cannot guarantee the security of any information you transmit to the Site. Any transmission of information, including Personal Information, is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on this Site. If a password is used to help protect your accounts and Personal Information, it is your responsibility to keep your password confidential. Do not share this information with anyone. If you are sharing a computer with anyone, you should always log out before leaving a site or service to protect access to your information from subsequent users.


Links to Other Sites
Ghost Picks, LLC's Site often provides links to third-party websites, such as those of our business partners and online advertisers. You should review their privacy policies to learn more about what, why, and how they collect and use Personal Information. Please be aware that these websites are not under our control, and we have no responsibility for the privacy practices of such other websites. This Privacy Policy applies solely to information collected by this Site. We make no guarantees about the accuracy, currency, content or quality of the information provided by such third-party sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. For the avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the information you post, transmit or otherwise make available on those websites may be viewed by the general public. We do not control user-posted content on social media homepages and are not responsible for any third-party use of your information that you have posted, transmitted, or otherwise made available there.


For Questions or Concerns
If you have questions or concerns regarding this Privacy Policy, you should first e-mail us at ghostpicksats@gmail.com.


Changes to the Privacy Policy
This Privacy Policy is incorporated into our Terms of Use. Ghost Picks, LLC, reserves the right to change this Privacy Policy from time to time, consistent with applicable law. If we do make material changes to this Privacy Policy, the revised Privacy Policy will be posted on this Site, and we will post a notification of such changes on the Site. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Any use by you of this Site after such changes shall conclusively be deemed to be your acceptance of such revisions. We encourage you to review this Privacy Policy periodically to be informed of any such revisions. To the extent there is a conflict between this Privacy Policy and our Terms of Use, the Terms of Use shall control.


NOTICE TO INDIVIDUALS UNDER THE AGE OF 21 THE SITE IS INTENDED FOR ADULTS AGES 21 OR OLDER. WE DO NOT KNOWINGLY OR INTENTIONALLY COLLECT PERSONAL INFORMATION FROM ANYONE UNDER THE AGE OF 21. IF YOU ARE UNDER THE AGE OF 21, PLEASE DO NOT PROVIDE ANY PERSONAL INFORMATION TO GHOST PICKS, LLC. IF YOU KNOW OF ANYONE UNDER THE AGE OF 21 WHO HAS PROVIDED US WITH INFORMATION, PLEASE CONTACT US IMMEDIATELY AND WE WILL REMOVE THE INFORMATION. BY USING THIS SITE, YOU REPRESENT THAT YOU ARE AT LEAST 21 YEARS OF AGE.

 

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