Terms of Service - General

THE TERMS AND CONDITIONS (the "T&C") SET OUT BELOW, DESCRIBES THE TERMS AND CONDITIONS THAT APPLY TO AND GOVERN YOUR USE OF THE WINNERSANDWHINERS.COM WEBSITE (the "Website") AND THE SERVICES AVAILABLE THEREON (the "Services"). SUCH TERMS, TOGETHER WITH THE TERMS ATTACHED IN APPENDIX 1 GOVERNING YOUR USE OF THE INSIDER'S PROGRAM AND THE TERMS ATTACHED IN APPENDIX 2 GOVERNING THE USE OF THE PREMIUM PICKS SERVICE ARE REFERRED TO AS THE "Agreement".

By accessing the Website, you indicate that you agree to be bound by the terms and conditions of this Agreement. As used in this Agreement, the terms the "Company", "we", "our" or "us" refer to Raketech Inc and its affiliates and service providers.

You can contact us by email, phone or mail (please refer to https://winnersandwhiners.com/contact)

The terms "you" and "your" refer to any person or entity who uses the Website or the Services.

We may amend this Agreement (including the T&C and/or the Appendixes), in whole or in part, at any time, without notice to you, by posting the amended terms and conditions on the Website. We suggest that from time to time you review the terms of services for possible changes. You understand that your continued use of the Website after a change has been posted constitutes acceptance of the amended terms and conditions. We ask you to read these terms and conditions and our privacy policy carefully before accessing the Website or using the Services. If you do not agree with all the terms and conditions and the privacy policy, please stop using the Website and/or the Services.

1. REPRODUCIBILITY

All data and information contained on or within the Website cannot be rebroadcast, reproduced or retransmitted in whole or in part in any matter - either in print form or electronically via the Internet, included but not limited to other Internet sites, newsgroups, posting boards, and forums, etc., - without our written consent.

2. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL THE COMPANY, OR ITS OFFICERS, DIRECTORS AND EMPLOYEES, OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR THE LIKE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE OR THE SERVICES (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF THE COMPANY OR ANY OF ITS AFFILIATES OR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT THE COMPANY' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL EXCEED ONE HUNDRED DOLLARS ($100).

3. WARRANTIES

THE WEBSITE AND THE SERVICES ARE PROVIDED FOR YOUR NON-COMMERCIAL ENTERTAINMENT AND ENJOYMENT.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

A) THE COMPANY AND ITS AFFILIATES AND SERVICE PROVIDERS PROVIDE THE WEBSITE AND THE SERVICES TO YOU ON AN "AS IS" AND "AS AVAILABLE." BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE;

B) THE COMPANY AND ITS AFFILIATES AND SERVICE PROVIDERS MAKE NO WARRANTY THAT (i) THE WEBSITE, OR THE SERVICES WILL MEET YOUR REQUIREMENTS, OR EXPECTATIONS (ii) THE WEBSITE, OR THE SERVICES WILL BE UNINTERRUPTED, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) ANY ERRORS ON ANY SOFTWARE OPERATING THE WEBSITE WILL BE CORRECTED;

C) NO WARRANTY IS PROVIDED IN CONNECTION WITH ANY ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE OR THROUGH THE SERVICES OTHER THAN THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU MAY SUFFER IN CONNECTION WITH ANY DOWNLOAD FROM OUR WEBSITE (INCLUDING LOSS OF DATA).

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, THE COMPANY AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH SERVICES ARE PROVIDED OR REQUESTED THROUGH THE WEBSITE; (B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE WEBSITE OR SERVICES, VIRUSES CAUSED BY THIRD PARTIES, ERRORS ON THE WEBSITE OR SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN EMAILS SENT THROUGH THE WEBSITE); AND (C) HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OF DATA RELATING TO YOU, THE WEBSITE OR SERVICES.

4. EXTERNAL LINKS

The Website may contain links to other websites or resources for your convenience and reference. However, the presence of these links does not warrant, represent, or show that we endorse or agree with the information or product found in them. We do not control or review websites or resources linked to our Website. Your choice to link to these websites is up to you, and we shall not be held responsible for any harm that might result from linking or using services or products on those websites.

ALL OF YOUR BUSINESS DEALINGS WITH ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL BE AT YOUR SOLE RISK.

5. INDEMNIFICATION

You shall indemnify, defend and hold harmless the Company, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Website or Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.

6. COPYRIGHT AND TRADEMARKS

The content and all intellectual property pertaining the Website and Services and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by the Company or third parties, and all right, title and interest therein and thereto shall remain the property of the Company and/or such other third parties. The Website and Services may be used only for the purposes permitted by this Agreement or described on the Website. You are authorized solely to view and to retain a copy of the pages of the Website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web or elsewhere on the Internet, or in any way distribute or exploit the Website, Services or any portion thereof for any public or commercial use without the express written permission of the Company. Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Website (or printed pages thereof). The name Winners and Whiners and other names and indicia of ownership of the Company's products and/or services referenced on this site are the exclusive marks of the Company. Other product, service and company names appearing on the site may be trademarks of their respective owners.

7. INTENDED USERS

The Website and Services are directed to persons at least 18-year-old, or at least 21-year-old in the United States. The Website and Service are 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. You represent that your use of the Website and Services is in compliance with all applicable laws and regulations. It is your sole responsibility to understand the laws of each jurisdiction directly or indirectly impacted by your access to and/or use of the Website and Services including, without limitation, the laws of your country or USA State of residence and the laws of the country or USA State in which the Services will ultimately be received. Each time you access the Website and/or use the Services, you represent and warrant to the Company that such access and/or use is: (i) entirely legal for you and the Company both in your country or US State of residence and in any country or US State directly or indirectly impacted by such access and/or use and (ii) consistent with the Agreement.

8. PROFESSIONAL SOBRIQUETS

For privacy reasons, our staff use professional sobriquets. No association with any real person with the same or similar name is intended or should be inferred.

9. VIOLATIONS OF RULES AND REGULATIONS

We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.

10. ENTIRE AGREEMENT

This Agreement, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between you and the Company and supersedes and terminates all prior agreements or understandings you may have with the Company.

11. ADDITIONAL DOCUMENTS

In addition to the general terms and conditions, specific terms are applicable in connection with the use of the Insider’s program and the premium pick services:

• Insider's Program Terms of Service
• Premium Picks' Terms of Service



The Company may run competitions, free prize draws and/or other promotions on the Website. These will be subject to additional terms and conditions, which will be available to anyone who intends to attend.

12. E-MAIL POLICY

We will not respond unless required to do so by law to any e-mail sent to us that contains threatening, malicious, pornographic, obscene, defamatory or other illegal or inappropriate material. We cannot and do not guarantee to respond to e-mails.

13. ASSIGNMENT

We have the right to assign this Agreement to a subsidiary or affiliate company, or any third party, at any time without your consent. You may not assign or transfer this Agreement without our prior written consent.

14. TERMINATION

The Company, in its entire discretion, may terminate the Services or restrict your access to them without any prior notice to you in case: (i) there is a regulatory or statutory restriction limiting our ability to provide the Services; (ii) there is an event beyond our reasonable control preventing us from continuing to provide the Services, or limiting our ability to provide the Services; (iii) we consider in our sole discretion that any user abuses the Services provided by the Website or acts in breach of this Agreement (iv) users reside in territories we reserve the right to consider restricted to provide the Services; and (v) there are other reasons we deem convenient to do so.

15. NOTICES

Notices to you may be made via either email or regular mail. We may also inform you about matters, by displaying notices or links on the Website.

16. SEVERABILITY

In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, such provision(s) will be deemed modified to the minimum extent necessary to make them valid, legal and enforceable and the remaining provisions shall remain valid and enforceable.

17. GOVERNING LAW

Any action related to the Website or Services will be governed by Maryland law without regard to its conflict of laws principles. All disputes relating to the Website or Services will be adjudicated in the State or Federal courts located in Naperville, Illinois.

APPENDIX 1

TERMS OF SERVICE - INSIDER'S PROGRAM

THIS APPENDIX (the "Insider Appendix") DESCRIBES THE SPECIFIC TERMS AND CONDITIONS THAT APPLY TO AND GOVERN YOUR USE OF THE INSIDER'S PROGRAM ("Program") AS A SUBSCRIBER ("Subscriber").

Unless defined herein, capitalized words in this Insider Appendix shall have the meanings set out in the T&Cs.

Any term contained in the Insider Appendix is applicable and governs your use of the Program, unless specifically derogated by any term in this Insider Appendix.

By registering an account for the Program, you indicate that you agree to be bound by the terms and conditions of this Agreement.

We may amend this Insider Appendix, in whole or in part, at any time, by posting the amended terms and conditions on the Website. You understand that your continued use of the Program after a change has been posted constitutes acceptance of the amended terms and conditions.

We ask you to read these terms and conditions and our privacy policy carefully before accessing the Website or using the Services. If you do not agree with all the terms and conditions, please stop using the Website and/or the Services We ask you to read the terms and conditions contained in the Agreement and the privacy policy carefully. If you do not agree with such terms, please unsubscribe and stop using the Program.

1. INSIDERS CONTENT

High value content is reserved for Program Subscribers ("Insider's Content"). This can be parts of articles, whole articles, publications, and other media as determined by us, in our discretion.

The warranty limitations contained in the T&C applies to the Insider’s Content.

2. REGISTRATION

You may be required to register an account in order to access Insider's Content as part of the Program. Registration is subject to the terms and conditions set forth in this Agreement and you must be at least 18-year-old or at least 21-year-old in the United States. When registering, you must provide us with true, accurate, current and complete information as prompted on the forms on the Website and you must maintain and promptly update such information to keep it true, accurate, current and complete, at all times.

3. ACCESS PASS

Your access to Insider's Content is determined by the Access Pass you have purchased.

A) EVALUATION ACCESS PASS

Free accounts will have limited access to Insider's Content. This is intended for you to evaluate the value of the content.

B) PARTIAL ACCESS PASS

From time to time we may offer access to specific publications or other elements of Insider's Content for a fixed price. Purchasing a pass to this content provides indefinite access to the purchased content.

C) FULL ACCESS PASS

To obtain full access to Insider's Content, you must purchase a Full Access pass for the term of time you wish to have access. For the duration of the term, you will have unlimited access to all Insider's Content.

4. PAYMENT TERMS

You can purchase an Access Pass by using your VISA debit or credit card, your MasterCard debit or credit card, your Discover card, American Express card ("bank card") or PayPal. You understand and agree that the Company will not transact any payment that is not in U.S. dollars. By completing and submitting the forms required on the Website to subscribe to the program, including but not limited to, the designation of a bank card for payment, you agree that the purchase price will be immediately charged to or withdrawn from the account associated with such card.

5. REFUND POLICY

Refunds are only offered upon your written request to be sent within 10 days from registration, in the event the content was not accessed as determined by our server logs. At our sole discretion, we may offer store credit or exchanges. Any bank commission or fee during the purchase will not be refunded.

6. ACCESSING YOUR CONTENT

It is your responsibility to maintain access to your account. In the event that you can no longer access your account, you must contact us immediately for assistance. We are not liable for any time you did not have access prior to contacting us about the problem. We are not responsible in case your lack of access is depending on internet’s connecting problems or on other issues beyond our control.

7. CUSTOMER SERVICE

If you discover any errors or have any problems with or related to the Service, you should first contact us here.

8. PASSWORD AND SECURITY

You will choose a password and account email login upon registering. You are responsible for maintaining the confidentiality of your password and account email login, and are not authorized to share or disclose your access credentials with any third parties. You are fully responsible for all activities that occur under your password or account email login. You agree to immediately notify the Company of any unauthorized use of your password or account email login or any other breach of security. Notwithstanding anything in this Agreement, the Company is not liable for any loss or damage arising from your failure to comply with this section or the section above entitled "Registration."

9. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of Password protected and/or secure areas of the Website is restricted to authorized users only.

You are responsible for maintaining the security of your password and not permitting any other person access through the use of your password. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

10. INDEMNIFICATION

Indemnification obligations set forth in the T&C shall apply in connection with any action or omission made through your account.

11. VIOLATIONS OF RULES AND REGULATIONS

We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.

APPENDIX 2

TERMS OF SERVICE - PREMIUM PICKS

THIS APPENDIX (the "Premium Picks Appendix") DESCRIBES THE SPECIFIC TERMS AND CONDITIONS THAT APPLY TO AND GOVERN YOUR USE OF THE PREMIUM PICKS SERVICE ("Service") AS A CUSTOMER ("Customer").

Unless defined herein, capitalized words in this Premium Picks Appendix shall have the meanings set out in the T&Cs.

Any term contained in the Premium Picks Appendix is applicable and governs your use of the Service, unless specifically derogated by any term in this Premium Picks Appendix.

By using the Services, you indicate that you agree to be bound by the terms and conditions of this Agreement.

We may amend this Premium Picks Appendix, in whole or in part, at any time, by posting the amended terms and conditions on the Website. You understand that your continued use of the Service after a change has been posted constitutes acceptance of the amended terms and conditions.

We ask you to read these terms and conditions and our privacy policy carefully before accessing the Website or using the Services. If you do not agree with all the terms and conditions, please stop using the Website and/or the Services. We ask you to read the terms and conditions contained in the Agreement and the privacy policy carefully. If you do not agree with such terms, please unsubscribe and stop using the Services.

1. REGISTRATION

You may be required to register an account in order to access the Service. Registration is subject to the terms and conditions set forth in this Agreement. You must be at least 18-year-old or at least 21-year-old in the United States. When registering, you must provide us with true, accurate, current and complete information as prompted on the forms on the Website and you must maintain and promptly update such information to keep it true, accurate, current and complete, at all times.

2. ACCESS PASS

Your access to the Service is determined by what Access Pass you have purchased. An Access Pass provides access to the Service for a finite period of time from one or more Experts. The period of time and Experts included in an Access Pass is clearly described during checkout.

The warranty limitations contained in the T&C applies to any content features accessed through the Services.

3. PAYMENT TERMS

You can purchase an Access Pass by using your VISA debit or credit card, your MasterCard debit or credit card, your Discover card, American Express card ("bank card") or PayPal. You understand and agree that the Company will not transact any payment that is not in U.S. dollars. By completing and submitting the forms required on the Website to purchase Services, including but not limited to, the designation of a bank card for payment, you agree that the purchase price will be immediately charged to or withdrawn from the account associated with such card.

4. REFUND POLICY

All Services are strictly non-refundable except in cases where, upon your written request to be sent within 10 days from the relevant purchase of the Service, we ensure the Service was not accessed at least once during the period of time the purchase provided as determined by our server logs. Any external commission or fee for the purchase will not be refunded.

5. CUSTOMER SERVICE

If you discover any errors or have any problems with or related to the Service, you should first contact us here.

6. ACCESSING YOUR CONTENT

It is your responsibility to login to your account daily to access the Service. In the event that you can no longer access your account, you must contact us immediately for assistance. We are not liable for any time you did not have access prior to contacting us about the problem. We are not responsible in case your lack of access is depending on internet’s connecting problems or on other issues beyond our control.

7. PASSWORD AND SECURITY

You will choose a password and account email login upon registering. You are responsible for maintaining the confidentiality of your password and account email login, and are not authorized to share or disclose your access credentials with any third parties. You are fully responsible for all activities that occur under your password or account email login. You agree to immediately notify the Company of any unauthorized use of your password or account email login or any other breach of security. Notwithstanding anything in this Agreement, the Company is not liable for any loss or damage arising from your failure to comply with this section or the section above entitled "Registration".

8. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of Password protected and/or secure areas of the Website is restricted to authorized users only. You are responsible for maintaining the security of your password and not permitting any other person access through the use of your password. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

9. PAST PERFORMANCE IS NOT A GUARANTEE OF FUTURE PERFORMANCE

Remember, past results are absolutely no guarantee of future results. Future projections are simply that, projections. Sports betting is purely speculative in nature and there is never a guarantee to win and/or profit from our selections. Sports betting is extremely high risk. We are not responsible for any errors or omissions in typical results information. Some individuals may make little money or even lose money. Individual results will vary greatly and in accordance to your determination, hard work, and ability to follow directions. As with any investment, you should always perform due diligence.

10. LINE CONSISTENCY

Every pick released includes a point spread and/or total ("Lines") the pick is based on. Your ability to find the same Lines does not qualify you for a guarantee. When grading results, the Win / Loss / Tie rating is based on the Lines provided with the pick at the time of publishing. In the event of a publicized correction before the start of a game, the corrected Lines will be used to grade the pick's success.

11. GUARANTEED PICKS

Unless expressly indicated otherwise on the Website upon the relevant purchase, no pick is "GUARANTEED". When a pick is marked as "GUARANTEED", this does not mean we guarantee that you will have a profit using the purchased pick.

If the "GUARANTEED" pick does not win or show a profit, you will be credited with the money spent in the purchase of the "GUARANTEED" pick to member’s user account. Such a credited amount can in no event whatsoever be claimed back as cash or withdrawn by you. The credited amount may only be used to purchase additional site products or services on the Website, to the extent available. During checkout, your purchase will be deducted from your credit balance and any remaining fees can be settled through our payment system. We will not be responsible if you do not use your credit. If the Services are no longer available on the Website, or if we cease operating the Website, your credit can no longer be used and no claim for reimbursement of the credit amount can be made by you.

12. INDEMNIFICATION

Indemnification obligations set forth in the T&C shall apply in connection with any action or omission made through your account.

13. VIOLATIONS OF RULES AND REGULATIONS

We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.