Terms and Conditions
MOBILELOTTORESULTS TERMS AND CONDITIONS OF USE AGREEMENT
SUBSCRIPTION RESULT SERVICE
Effective May 1, 2007
Thanks for using MOBILELOTTORESULTS! This agreement ("Agreement") is a contract between you and MOBILELOTTORESULTS. ("MOBIL ALERTS"). By visiting or using the MOBILELOTTORESULTS web site (www.MOBILELOTTORESULTS.com) or by completing the registration process to use the MOBILELOTTORESULTS Download or Subscription services (collectively, the "Services" or "MOBILELOTTORESULTS Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").
You must be at least eighteen (18) years of age to use the MOBILELOTTORESULTS Services. Any person who provides their information to MOBILELOTTORESULTS through the account registration page for new customers or any other part of the MOBILELOTTORESULTS site represents to MOBILELOTTORESULTS that they are 18 years of age or older.
If you do not agree to be bound by (or cannot comply with) any of the terms and conditions of this Agreement, do not continue the registration process or attempt to access any part of the Service.
1. THE MOBILELOTTORESULTS SERVICE & BILLING INFORMATION
MOBILELOTTORESULTS's current rates:
MOBILELOTTORESULTS Subscription Service $9.99/mo. for lottery results delivered via SMS text message. (Boost $6.99/mo.)
Alternative payment plans may be offered from time to time and will be posted on this page. Your Normal carrier charges (WAP, moS, GPRS, SMS) and taxes may apply for subscriptions, newsletters and account related text messages.
The Subscription Services
By registering for a Subscription Service or Text Services you authorize MOBILELOTTORESULTS to bill your mobile telephone. Monthly Subscription plans are billed the Subscription fee each month until you cancel the Subscription. If you cancel your Subscription for any reason, MOBILELOTTORESULTS will not refund any of your fees. Monthly subscribers are billed on a 30day cycle, which begins on the first day you sign up for the subscription and ends 30 days thereafter (your "Billing Cycle"). Your telephone bill will be charged on the first day of each Billing Cycle. You agree that normal carrier charges (WAP, moS, GPRS, and SMS) may apply.
You agree that if any attempt to bill you for your subscription fails for any reason, including nonpayment by you or errors on the part of your mobile telephone company, MOBILELOTTORESULTS reserves the right to re-bill you for any outstanding fees.
You expressly agree to receive promotional communications by SMS, including our weekly newsletter, and you may stop receiving promotional text messages by emailing your request to opt-out, along with your cell phone number, to firstname.lastname@example.org. You may receive your password confirmation text message multiple times until you complete the signup process. If you would like to stop receiving the password confirmation text messages, please email us at email@example.com. You also agree to receive promotional and account related email communications. You may unsubscribe from promotional email communications by unsubscribing from the service or emailing firstname.lastname@example.org.
Right to Change Fees All fees are subject to change upon notice from MOBILELOTTORESULTS. MOBILELOTTORESULTS will provide you with reasonable notice of such change through a service message to your device, a service email or by posting the change prominently on the website. If you do not agree to the new fees, you will have 10 days from such notice to cancel your Subscription.
Taxes MOBILELOTTORESULTS reserves the right to collect applicable taxes for certain features of the Service.
Expiration of License MOBILELOTTORESULTS's rights to make available certain results to you may expire. In such event, MOBILELOTTORESULTS will cease delivering results to you after the end of the period in which such rights expire. MOBILELOTTORESULTS will not refund any portion of your fees, but you may contact customer support at email@example.com to receive replacement service.
Help Text 'HELP' to 63746 for text information on your MOBILELOTTORESULTS Subscription
2. CANCELLATION & TERMINATION.
Cancellation You can cancel your MOBILELOTTORESULTS Subscription Service by sending a text message from your mobile device containing only the word 'STOP' to the shortcode 63746.
Text Services can also be cancelled by submitting a request to MOBILELOTTORESULTS at firstname.lastname@example.org
Cancellation for subscribers will take effect immediately. Services are not prorated for midmonth cancellations. MOBILELOTTORESULTS will send you a text message confirming the cancellation. If you have any questions about cancellation please contact our customer service at email@example.com
Except as set forth above with respect to inadvertent charges, in the event that your account or subscription is terminated or canceled, MOBILELOTTORESULTS will not refund any fees.
Termination The permission to access and use your MOBILELOTTORESULTS account shall automatically terminate if you are in breach of any of the Terms. MOBILELOTTORESULTS reserves the right, in its sole discretion, to suspend or terminate your access to MOBILELOTTORESULTS at any time without notice in the event that you breach (or MOBILELOTTORESULTS reasonably suspects that you have breached) any provision of the Terms. If MOBILELOTTORESULTS acts in accordance to its termination or suspension rights, it shall have no liability or responsibility to you. No portion of your fees will be refunded.
3. ACCEPTABLE USE OF MOBILELOTTORESULTS.
By using the MOBILELOTTORESULTS Subscription Services, you agree that MOBILELOTTORESULTS grants you a nonexclusive, nontransferable, revocable right to use the services on your compatible device for your own noncommercial use only. Your use of the MOBILELOTTORESULTS Services means you also agree to the following I accept the terms and conditions.able use policies:
Personal Use Only The Service is for your personal use. You understand and agree that you may not resell, transmit or retransmit, broadcast or rebroadcast or make any commercial use of the Service, including the Downloads and Subscriptions. For example, you may not copy or distribute the Service or the Downloads or the Subscriptions in any manner not expressly authorized by the Service. If you want to make commercial of the MOBILELOTTORESULTS Services, you must enter into an agreement with MOBILELOTTORESULTS to do so in advance. Please contact us for more information.
Objectionable or Explicit Content MOBILELOTTORESULTS is not responsible to you for any content or materials constituting all or part of any subscription or any other aspect of the Service that you might find objectionable.
International Use MOBILELOTTORESULTS is hosted in the United States and is intended only for use in the United States. You agree that you will use the Service only in the United States. At this time, MOBILELOTTORESULTS's services are not available to overseas visitors.
Intellectual Property Rights The Text Services made available as part of the Service are owned by MOBILELOTTORESULTS, its licensors, partners and affiliates and are protected by U.S. intellectual property laws. By using the MOBILELOTTORESULTS Services you understand and agree to abide by U.S. intellectual property laws and agree not to reproduce, modify, display, perform, transfer, distribute or otherwise use the Downloads or Text Services except as authorized in this Agreement, and agree not to authorize, encourage or allow such use by any other party. You agree that you will take all reasonable steps to prevent any unauthorized reproduction and use of the Downloads or Text Services.
"Bots", Hacking and Other Unauthorized Use Users of MOBILELOTTORESULTS may not attempt (or authorize, encourage or support others' attempts) to gain unauthorized access to any MOBILELOTTORESULTS Services, user accounts or computer networks through hacking, password mining or any other means, or to reverse engineer, decrypt, break or otherwise alter or interfere with the Service, including the Downloads and the Subscriptions. You may not use any web robots (bots'), web crawlers, datamining, or similar applications to submit gather and extract data from, or otherwise use the MOBILELOTTORESULTS Services. You agree to advise MOBILELOTTORESULTS promptly of any such unauthorized use(s) or attempt(s).
Customer Support Please direct any questions concerning the Service or any other MOBILELOTTORESULTS related issue, to a MOBILELOTTORESULTS customer service representative by email at: firstname.lastname@example.org
4. THIRD PARTY CONTENT APPEARING ON THE MOBILELOTTORESULTS SITE.
MOBILELOTTORESULTS Promotions From time to time MOBILELOTTORESULTS may provide users with the opportunity to participate in promotional events sponsored by third party advertisers or affiliates. Your participation in any MOBILELOTTORESULTS promotional event is subject to the terms associated with that event. Your participation in these promotions and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the sponsoring third party. You agree that neither MOBILELOTTORESULTS nor its affiliates shall be responsible or liable for any loss or damage of any sort incurred as the result of the promotions or as the result of the presence of such third parties on the Service.
EMAIL and SMS POLICY
The Information We Collect and Use:
By information we mean information about you collected through our Service website(s), including your email/sms address and other information you provide to us by registering for our services or making requests for information about our services. Any information provided to us will be retained and used solely for the purposes of fulfilling your request for information, fulfilling a request through a Site feature, performing and carrying out the terms of the Service, or communicating with you as a member of the Service.
Registration for the Service is not required to simply view some areas of the Site. If you elect to register for the Service, Mobilelottoresults asks you for information that enables us to provide the Service. You will be registering with Mobilelottoresults on the form provided and such registration may require you to provide contact information such as your email/sms address, your name, and your residential or work address.
To serve you better and send you the most relevant offers, we may also seek other personally and non-personally identifiable information about you from you, our marketing partners where you have given them your consent, or where such information is otherwise publicly available. Such information may include postal, demographic or profile data.
If you provide us with your email/sms address or other personal information, or if we obtain such information about you from you or from one of our marketing partners, we will retain and use that information solely for the purpose of sending you advertisements, and offers from selected marketers.
To further improve targeting and relevance of our offers, you may be asked to provide certain demographic data (like your age, gender, zip code, income) and profile data (like occupation, shopping habits and other areas of interest) as certain offers may be directed to those participants who meet a particular profile. You will be asked to answer certain questions on forms and pages hosted by us. The information we collect will be used to determine whether you are eligible to participate in the offer and will also be maintained by us to enable us to provide you with more relevant offers in the future. The information provided may also be used by the Service to provide you with better targeted and more relevant messages.
From time to time, we may collect general, non-personal, statistical information about the use of the Site and the Service, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they "click" on. We collect this information through the use of technologies such as "cookies" and "IP addresses", which are discussed in greater detail below. We may also group this information into aggregate visitor data in order to describe the use of the Site and Service to our existing or potential business partners or other third parties, or in response to a government request. However, please be assured that this aggregate data will in no way personally identify you, other list members or any other visitors to the Site.
An IP address is a number that's automatically assigned to your computer whenever you're surfing the web. Web servers, the computers that "serve" web pages, automatically identify your computer by its IP address. Company collects IP addresses for purposes of system administration, to report aggregate information to third parties and to track the use of the Site. When visitors request pages from the Site or click on a link in a mailing sent through the Service our servers log the visitors' IP addresses. We reserve the right to use IP addresses to identify a visitor or list member when it will enhance the users experience or if we feel it is necessary to enforce compliance with the Site's policies or to protect Company, the Site, its visitors, the Service, our Internet Service Provider partners, the list members or others.
Clear Gifs (Web Beacons / Web Bugs)
Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly in HTML files and are about the size of the period at the end of this sentence.
We may use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. If you no longer wish to receive our newsletter or other promotional communications by email, you may opt-out of receiving them by following the instructions included in each communication.
Information Sharing and Disclosure:
Agents and Third Party Service Providers
To provide the Service to you, we may sometimes use other businesses to perform certain specialized services such as data processing or other technology services. In such instances, we may provide your personal information to those businesses but they are not permitted to retain or use your information for any other purpose
Change of Control / Asset Transfer
As the Company develops, we may buy other businesses or their assets or sell all or parts of our business assets. Customer information is generally one of the business assets involved in such transactions. Thus, in the event that the assets of the Company in whole or in parts are acquired by a third-party, customer information, including any visitor information collected through the Site or the Service, would be one of the transferred assets. In the event of a corporate change in control or sale of all or parts of our business assets our users will be notified and given the opportunity to opt-out of any such transfer of their personal information to the new corporate entity or asset purchaser.
Company reserves the right to disclose member information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Company's rights or property, other visitors, list members, or anyone else that could be harmed by such activities. Company also reserves the right to disclose visitor or list member information when we believe in good faith that the law requires it.
Communications From the Site:
We will send you targeted and relevant advertisements, surveys and offers by email/sms, which are promotional in nature, as is necessary to fulfill the Service to you.
We will send you service-related announcements, which are not promotional in nature, on occasions when it is necessary to do so. For example, if our service is temporarily suspended for maintenance, we may send you email/sms notification.
Based upon the information you provide us, we will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We may communicate with you by email, telephone or sms.
"Choice and Opt-out" section.
Promotional Email/SMS messages are sent to fulfill the Service to you. You may opt out of these communications, which are promotional in nature. If you do not wish to receive them you may opt-out and/or deactivate your account by following the instructions included in each communication.
Service Announcement messages are required to fulfill the Service to you. You may opt out of these communications, which are not promotional in nature. If you do not wish to receive them you may opt-out and/or deactivate your account by following the instructions included in each communication.
We may provide you the opportunity to opt-in to additional newsletters or promotional communications sent by email/sms. If you have opted in or otherwise qualify to receive these forms of communication, and no longer wish to receive our newsletter or other promotional communications by email/sms, you may opt-out of receiving them by following the instructions included in each communication.
Security and Information Protection:
The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our payment forms, we encrypt that information using Secure Socket Layer (SSL) technology.
We follow generally I accept the terms and conditions.ed industry standards to protect the information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially I accept the terms and conditions.able means to protect your personal information, we cannot guarantee its absolute security.
Protecting the security of your personal information is very important to us. When we store information that you have provided to us when registering for the Service, that information is protected by security measures that include "firewalls" (a combination of computer hardware and software that helps keep unauthorized visitors from accessing information within our computer network), "intrusion detection systems" (a combination of computer hardware and software that helps detect any unauthorized visitors) and other tools such as data encryption and physical security, where appropriate. Unfortunately, no data transmission over the Internet or data repository can be guaranteed to be 100% secure. As a result, while Company strives to protect your personal information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and cannot be responsible for the theft, destruction, or inadvertent disclosure of your personal information.
Links to other sites
We do not knowingly collect information from children under the age of 13 on the Site or through the Service. If you are under the age of 13, please do not provide any information to us. If we become aware that we have collected information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.
5. REFERRAL PROGRAMS.
We may from time to time offer you the opportunity to earn rewards by referring friends to subscribe to MOBILELOTTORESULTS ("Referral Program"). Participation in a Referral Program may require you to submit personal information about you and your friends, such as name and email address. By participating in a Referral Program, you agree to receive communications from MOBILELOTTORESULTS, and/or from our trusted partners that operate and maintain the Referral Program, with regards to your participation in the Referral Program. The following guidelines shall apply to your participation in any Referral Program:
1. Rewards are limited to one per user.
2. You may not submit multiple email addresses in an attempt to earn a reward or an additional reward.
3. You may not participate in a Referral Program where doing so would be prohibited by any applicable law or regulations.
4. Your eligibility to earn a reward will be based on your ability to make referrals that result in new MOBILELOTTORESULTS subscribers. Referrals to existing MOBILELOTTORESULTS subscribers will not count towards your eligibility to earn a reward.
5. Credit for referrals can only be given out for those referrals who participate using their unique referral link.
6. You may not use Spam to obtain referrals. You may not acquire referrals through unsolicited email to persons unknown to you or through Usenet or message board postings, where the postings are unrelated to the topic of discussion or otherwise violate the terms of the site.
7. You may not post information on a website, forum, or auction that has to do with "canceling the offers" including, but not limited to, cancellation phone numbers, cancellation time frames, and any encouragement or direction to cancel the offers after signing up with MOBILELOTTORESULTS.
8. You may not barter, sell or trade for referrals or offer completions.
9. MOBILELOTTORESULTS does not guarantee delivery time on any rewards earned, nor does it guarantee receipt of any rewards.
6. MOBILELOTTORESULTS PROPRIETARY RIGHTS
MOBILELOTTORESULTS services are provided under license; you will not obtain any ownership interest in any of the Services through this Agreement or otherwise. All content in the Service or on the MOBILELOTTORESULTS website, such as the Downloads, Subscriptions, text, graphics, logos, button icons, images, data compilations, and software, is the property of MOBILELOTTORESULTS or its content suppliers and protected by United States and international copyright and other intellectual property laws. The compilation of all content on this site is the exclusive property of MOBILELOTTORESULTS and protected by U.S. and international copyright laws. Your rights with respect to your use of the same are governed by these Terms, all applicable laws, including but not limited to intellectual property laws, and any applicable end user license agreements.
Trademark Information All trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of MOBILELOTTORESULTS and/or its affiliates, licensors and/or licensees. Without MOBILELOTTORESULTS's prior permission, you agree not to display or use in any manner the MOBILELOTTORESULTS' marks.
7. GENERAL TERMS
Applicable Law These Terms of Service and your use of the Service, including the Subscriptions, will be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflicts of law principles. You expressly consent that the state or federal courts of Nevada County, Nevada shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms or any claim involving MOBILELOTTORESULTS or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers, and you hereby covenant that you will not bring suit in any other jurisdiction.
Severability of Terms If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remainder of the Terms of Service will continue in full force and effect.
Entire Agreement These Terms constitute the entire agreement between the parties with respect to your use of the Service or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by MOBILELOTTORESULTS. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.
Assignment of Terms These Terms may not be assigned by any user of MOBILELOTTORESULTS. These Terms may be assigned by MOBILELOTTORESULTS and shall inure to the benefit of MOBILELOTTORESULTS, its successors and assigns.
MOBILELOTTORESULTS's Remedies You agree that any unauthorized use of the Service would result in irreparable injury to MOBILELOTTORESULTS and/or its affiliates or licensors for which money damages would be inadequate. In such event MOBILELOTTORESULTS its affiliates and/or licensors, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity. Nothing contained in these Terms shall be construed to limit remedies or relief available pursuant to statutory or other claims that MOBILELOTTORESULTS, its affiliates and/or licensors may have, including but not limited to, any claim for intellectual property infringement.
MOBILELOTTORESULTS's services are in no way affiliated with any registered State Lottery in the United States or registered Lottery in Canada.
By using the MOBILELOTTORESULTS Services, you agree to indemnify and hold MOBILELOTTORESULTS, its affiliates, successors, assigns, officers, employees, agents and attorney's harmless for any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys' fees) arising from or related to: 1) your breach of any provision of this Agreement; 2) your use of the Website and/or Service, in any manner whatsoever; and 3) any unauthorized use of your Membership; (4) your infringement of the intellectual property or other rights of any person or entity. You agree to immediately notify MOBILELOTTORESULTS of any unauthorized use of the MOBILELOTTORESULTS Services.
9. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
DISCLAIMER OF WARRANTIES
BY USING THE MOBILELOTTORESULTS SERVICES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: THE MOBILELOTTORESULTS SERVICES, AND ALL DOWNLOADS, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MOBILELOTTORESULTS SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES BY MOBILELOTTORESULTS OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "MOBILELOTTORESULTS ENTITIES"). MOBILELOTTORESULTS AND THE MOBILELOTTORESULTS ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS.
MOBILELOTTORESULTS AND THE MOBILELOTTORESULTS ENTITIES DISCLAIM ANY WARRANTIES THAT THE SERVICE, THE DOWNLOADS OR THE SUBSCRIPTIONS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERRORFREE. MOBILELOTTORESULTS AND/OR THE MOBILELOTTORESULTS ENTITIES, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE, THE DOWNLOADS OR THE SUBSCRIPTIONS WITH RESPECT TO THE ACCURACY, OPERABILITY, AVAILABILITY, SECURITY, RELIABILITY, TIMELINES, AND PERFORMANCE OF THE MOBILELOTTORESULTS SERVICES. MOBILELOTTORESULTS DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE ANY CONTENT.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MOBILELOTTORESULTS SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR MOBILE PHONE, MOBILE PHONE SERVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YOU WILL NOT HOLD MOBILELOTTORESULTS AND/OR THE MOBILELOTTORESULTS ENTITIES RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU USING THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO MOBILELOTTORESULTS AND/OR THE MOBILELOTTORESULTS ENTITIES AS APPLICABLE. MOBILELOTTORESULTS AND THE MOBILELOTTORESULTS ENTITIES DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MOBILELOTTORESULTS SERVICES OR RECEIVED THROUGH ANY Links PROVIDED BY THE MOBILELOTTORESULTS SERVICES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL MOBILELOTTORESULTS AND/OR THE MOBILELOTTORESULTS ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE, THE DOWNLOADS AND/OR THE SUBSCRIPTION.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MOBILELOTTORESULTS OR THE MOBILELOTTORESULTS ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE DOWNLOADS OR SERVICES, OR FROM THE INTERRUPTION, NONPERFORMANCE, SUSPENSION, OR TERMINATION OF THE MOBILELOTTORESULTS SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF MOBILELOTTORESULTS AND/OR THE MOBILELOTTORESULTS ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ADVICE, INFORMATION, SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON THE MOBILELOTTORESULTS SERVICES OR RECEIVED THROUGH ANY Links PROVIDED IN THE MOBILELOTTORESULTS SERVICES.
WITHOUT LIMITING THE FOREGOING, MOBILELOTTORESULTS OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DELAY, INTERFERENCE OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OR CONDITIONS BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE OR OTHER CASUALTY OR ACCIDENT, INTERNET FAILURES, TELEPHONE EQUIPMENT FAILURES, ACTS OF GOD, SEVERE WEATHER CONDITIONS, WAR OR OTHER VIOLENCE, OR ANY LAW, ORDER, PROCLAMATION, REGULATION, ORDINANCE, DEMAND OR REQUIREMENT OF ANY GOVERNMENTAL AGENCY.
EXCLUSIONS AND LIMITATIONS
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
10. CHANGE IN TERMS AND CONDITIONS AND MOBILELOTTORESULTS SERVICES
MOBILELOTTORESULTS may modify or terminate its Services from time to time, for any reason, and without notice or liability to you, any other user or any third party. We reserve the right to revise these Terms of Service by updating this posting. Please review these Terms of Service from time to time so that you will be apprised of any changes. If you would like to receive email notice when the Terms of Service are updated, please send an email to email@example.com If you cannot comply with the amended Terms, your only remedy is to cancel your MOBILELOTTORESULTS Subscription and/or not use the Service.