Terms of Use

Effective: June 21, 2021 and updated June 21, 2021.

  1. YOUR AGREEMENT TO THESE TERMS OF USE

    These Terms of Use govern your use of websites owned or operated by Tell Us The Odds, LLC (“Tell Us The Odds”), and include the https://www.tellustheodds.com website and Tell Us The Odds mobile app (collectively, the “Site”), and all online services, applications (e.g., iPhone applications, iPad applications, Android applications, and similar applications), and any other interactive features, widgets, products, and resources offered by Tell Us The Odds and/or its affiliates, distributors or licensees (all of which are collectively referred to as the “Services”). By using this website you agree that you have carefully read and agree to be bound by these Terms of Use together with our Privacy Policy and any Additional Terms,as defined below (collectively, the “Terms”).

    If you do not agree to these Terms of Use, you are not authorized to, and may not, view, use or otherwise access this website for any purpose. You understand and agree that we may revise these Terms of Use or the Content (as defined below) of this website at any time without prior notice by updating this posting, and any viewing, use or accessing of the Site after such date shall constitute your agreement to be bound by any such revised Terms of Use. Revised terms and conditions will become effective upon posting. If any change to these Terms of Use is not acceptable to you, your sole remedy is to cease visiting, using or otherwise accessing the Site. We also reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Use and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. We further reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

    Your access to and use of the Site is also subject to our Privacy Policy, the provisions of which are hereby incorporated by reference.

  2. ELIGIBILITY

    You must be at least 18 (eighteen) years of age before you can use the Site or the Services. By using the Site, you warrant that you are at least 18 years of age and that you may legally adhere to this Agreement. Tell Us The Odds assumes no responsibility for liabilities related to age misrepresentation.

  3. SERVICES PROVIDED

    Tell Us The Odds provides software tools, not financial services, financial planning, or financial advice. In using our Services, you acknowledge and agree that Tell Us The Odds is not a financial planner, advisor, broker, or otherwise a provider of financial, investment, tax, or similar advice. Tell Us The Odds encourages you to consult with professional advisors before making important financial decisions, and we intend our software tools to assist you in working with your professional advisors.

  4. ADDITIONAL TERMS

    Your use of certain Services may be subject to additional terms and conditions or rules (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read before you use that Service. By using such Services, you agree to the Additional Terms.

    Your experience using the Site and Services may be affected by many factors such as your device hardware, location, available bandwidth and/or speed of your internet connection. Please check with your Internet provider for information regarding your internet connection. We make no warranties regarding the quality of your viewing experience due to the variety of factors that could affect it.

  5. PASSWORD AND ACCOUNT SECURITY

    You may create your own account on the Site by completing the online registration process on the Site. In doing so, you must provide us with accurate and complete registration information and update it if this information changes. You agree that you will not register under the name of another person, choose a username that is vulgar, profane, or otherwise offensive, choose a username that impersonates or suggests representation of another person or entity, or choose a username that includes a solicitation.

    If you create an account, we will assign you, or allow you to select, a password. You must keep your password confidential, and you may not permit any other person to use your password or your account. You will be responsible for all use of your password, including, without limitation, any use by any authorized or unauthorized third party. You must notify us immediately by emailing us if you believe your password may be used by any unauthorized person or entity. For security purposes, we recommend you change your password often. Under no circumstance should you respond to a request for your password. We will never ask for your password. You must notify us immediately if you receive such a request. We reserve the right to suspend or terminate your use of the Site if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Site.

    As a user of the Site, you may be asked to provide private information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password.

    If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address them accordingly.

    We reserve all rights to terminate accounts, edit or remove content and cancel orders in our sole discretion.

  6. PURCHASES

    If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information including, without limitation, your credit card number, the expiration date of your credit card, security code, your billing address, and your shipping information.

    You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

    The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

    We reserve the right to refuse or cancel your order at any time, with or without cause, including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons, whether or not within our control.

    We further reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

  7. EXTERNAL LINKS DISCLAIMER

    The https://www.tellustheodds.com website and Tell Us The Odds mobile app may contain links to external websites that are not provided or maintained by or in any way affiliated with Tell Us The Odds, LLC.

    These links are provided solely as a convenience to you and not as an endorsement by us of the content on such websites. The content of such website is developed and provided by others. Should you leave this website via a link contained herein and view content that is not provided by Tell Us The Odds, you do so at your own risk. The content to which you link will not have been developed, checked for accuracy, or otherwise reviewed by Tell Us The Odds. Tell Us The Odds is not responsible for damages or losses caused by any such website, whether actual, alleged, consequential or punitive. Tell Us The Odds makes no guarantees or representations as to, and shall have no liability for, any information delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

    Tell Us The Odds, LLC also does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.

  8. LIMITS ON OUR LIABILITY AND DISCLAIMER OF WARRANTIES

    TELL US THE ODDS, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “TELL US THE ODDS PARTIES“) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. TELL US THE ODDS PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE WEBSITE AND THE CONTENT AT YOUR OWN RISK.

    TELL US THE ODDS PARTIES DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVER, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO TELL US THE ODDS PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.

    THE WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TELL US THE ODDS PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

    IN NO EVENT SHALL ANY TELL US THE ODDS PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH TELL US THE ODDS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF TELL US THE ODDS PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

  9. INDEMNIFICATION

    You agree to defend, indemnify, and hold harmless Tell Us The Odds Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms of Use or your access to, use or misuse of the Content or website. TELL US THE ODDS shall provide notice to you of any such claim, suit, or proceeding. TELL US THE ODDS reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting TELL US THE ODDS’s defense of such matter.

  10. RESTRICTIONS ON USE OF THE WEBSITE AND CONTENT

    Tell Us The Odds owns and operates this website. Permission is granted to view, display and navigate this website solely for lawful, personal, and non-commercial use. Any illegal, commercial, or public use of this website or any portion hereof is strictly prohibited. This website contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, transmit, distribute or display the Content except as permitted under these Terms of Use. You may download Content displayed on this website for lawful, non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. No other use is permitted without Tell Us The Odds’s prior written consent , and except as stipulated in the foregoing sentence 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 any of the Content on any other web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms of Use, your right to access and/or use the Content and website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.

    You agree not to: (a) take any action that imposes an unreasonable load on the website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the website, (d) delete or alter any material posted on the website by Tell Us The Odds or any other person or entity, or (e) frame or link to any of the materials or information available on the website.

  11. TRADEMARKS AND COPYRIGHTS

    All trademarks, service marks, trade names, and logos displayed or otherwise on this website, whether registered or unregistered, are proprietary to Tell Us The Odds. Nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or service mark displayed on this website without the written permission of Tell Us The Odds or such third party that may own the trademarks or service marks displayed on this website for each specific use. Your use of the trademarks or service marks displayed on this website, except as provided herein, is strictly prohibited. The trademarks or service marks may not be used to disparage Tell Us The Odds or the applicable third-party, Tell Us The Odds’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the trademarks or service marks. All goodwill generated from the use of any such trademark or service mark shall inure to Tell Us The Odds’s or the applicable third party’s benefit.

    Images displayed on this website are either the property of, or used with permission by, Tell Us The Odds. The use of these images is prohibited unless specifically permitted herein, and any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. If you download any information or software from this website, you agree that you will not copy it or remove or obscure any copyright or other notices or legends contained in any such information.

    Certain elements of the website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by these Terms of Use. None of the Content for this website may be retransmitted without the express written consent from Tell Us The Odds in each and every instance.

    You further agree that all materials, products, and services provided on this website are the property of Tell Us The Odds, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Tell Us The Odds’s intellectual property in any way, including electronic, digital, or new trademark registrations.

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to us are yours personally and not owned by a commercial entity. You grant us a worldwide, unrestricted, royalty-free and non-exclusive license to distribute, publish, modify, edit, or otherwise use, copy and display your submissions for any purpose, commercial or otherwise, without any acknowledgment of or compensation to you.

  12. COMMUNICATIONS ARE NOT CONFIDENTIAL

    Information submitted to this website should not be considered secure or confidential, and Tell Us The Odds makes no representation whatsoever concerning the security or confidentiality of such information and specifically makes no representation that any information submitted through this website will be received by Tell Us The Odds.

  13. APPLICABLE LAW, JURISDICTION AND MISCELLANEOUS

    By visiting this website, you agree that the laws of the State of Florida, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Tell Us The Odds and you, or our business partners and associates.

    This website is controlled and operated by Tell Us The Odds from its offices within the United States. Tell Us The Odds makes no representation that materials on the website are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this website from other locations are responsible for compliance with applicable local laws.

    The information provided on this website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Tell Us The Odds or its affiliates to any registration requirement within such jurisdiction or country.

  14. ARBITRATION

    (a) Agreement to Arbitrate: This Section 13 is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Tell Us The Odds, whether arising out of or relating to this website or these Terms of Use, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. YOU AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND TELL US THE ODDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.

    (b) Prohibition of Class and Representative Actions and Non-Individualized Relief: You and Tell Us The Odds agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless you and Tell Us The Odds agree otherwise in writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).

    (c) Arbitration Procedures: Arbitration will be conducted by a neutral arbitrator in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS, LLC, (collectively, the “JAMS Rules”), as modified by this Arbitration Agreement. If there is any inconsistency between any term of the JAMS Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Tell Us The Odds and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by JAMS. The right to a hearing will be determined by the JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

    (d) Costs of Arbitration: Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the JAMS Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys’ fees will be governed by the JAMS Rules.

    (e) Confidentiality: All aspects of the arbitration proceeding, including its existence, content and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

    (f) Severability: If a court or the arbitrator decides that any term or provision of this Arbitration Agreement is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.

  15. DIGITAL MILLENNIUM COPYRIGHT ACT

    We respect the intellectual property rights of others. Upon proper notice, we will remove applicable content that violates copyright law and terminate the accounts of repeat infringers.

    Pursuant to 17 U.S.C. § 512, we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your work has been copied in a way that constitutes copyright infringement, please send our copyright agent (listed below) a notification of claimed infringement with all the following information:

    • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;

    • identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site;

    • information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

    • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    • a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

    • your physical or electronic signature.

    Please send all the above-enumerated information via mail or email to the following copyright agent:

    Copyright Manager:
    Douglas J. Bennett (dbennett@tellustheodds.com)
    1431 Riverplace Blvd, Unit 1505
    Jacksonville, FL 32207

    Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated agent.

  16. FEEDBACK

    We always welcome and appreciate your feedback and suggestions about Tell Us The Odds but cannot necessarily respond to or implement feedback or suggestions.