Revised Effective May 31, 2012
My Lotto Result Terms and Conditions (Terms)
IMPORTANT - BY USING THIS WEBSITE ("SITE"), INCLUDING SELECTING THE YES OPTION WHEN YOU DOWNLOAD ANY MATERIAL FROM THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
THESE TERMS INCLUDE YOUR CONSENT THAT ANY DISPUTE WILL ONLY BE RESOLVED THROUGH BINDING ARBITRATION (Section 12), AN OBLIGATION FROM WHICH YOU ARE ENTITLED TO OPT OUT.
Thanks for using My Lotto Result! This agreement ("Agreement") is a contract between you and My Lotto Result, Inc. ("My Lotto Result"). By visiting or using the My Lotto Result web site ( www.mylottoresult.com) or by completing the registration process to use the My Lotto Result Subscription Services (collectively, the "Services" or "My Lotto Result Services"), you agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").
You must be at least thirteen (13) years of age to use the My Lotto Result Services. By providing information to My Lotto Result through the account registration page for new customers or any other part of the My Lotto Result site, you represent to My Lotto Result that you are 18 years or older or have parental permission to participate. If you are between 13 and 17, you represent that you received parental permission both to complete the registration process and to download content to your cell phone.
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. My Lotto Result reserves the right to deny registration of any individual to the My Lotto Result Services and to deny access to this website to any individual.
1. MY LOTTO RESULT SERVICE & BILLING INFORMATION
My Lotto Result's current rates:
Text Message Subscription Services – $9.99/mo. for lottery results delivered via SMS messages.
You must have an SMS enabled cell phone or device in order to access the My Lotto Result services, including subscription and transactional services. Msg&Data rates may apply to any content you obtain from My Lotto Result. My Lotto Result is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the My Lotto Result website or services.
The Subscription Services – By registering for a Subscription Service or Text Services you authorize My Lotto Result to bill your mobile telephone invoice. Monthly Subscription plans are billed the Subscription fee each month until you cancel the Subscription. If you cancel your Subscription for any reason, My Lotto Result will not refund any of your fees. Monthly subscribers are billed on a 30-day 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. Msg&Data rates may apply.
You agree that if any attempt to bill you for your subscription fails for any reason, including non-payment by you or errors on the part of your mobile telephone company, My Lotto Result reserves the right to re-bill you for any outstanding fees.
Text Message Communications – You expressly agree that, as part of the service provided by My Lotto Result , you will receive communications from My Lotto Result by text message (SMS), which may include our promotional text messages. You may stop receiving promotional text messages by emailing your request to opt-out, along with your cell phone number, to help@mobile-media-solution, or following the opt-out instructions in the text message. You may not opt out of service-related text messages, unless you cancel service.
Except for a refund you may request when you cancel within the first 30 days of Service, the Company will not refund any fees, on the basis that the requested Download is not compatible with your handset. It is your responsibility to test if your phone is compatible with monophonic, polyphonic or truetone ringtones, or with any Download.
Help – Text HELP to 63746 for text information on your My Lotto Result Subscription Service.
2. CANCELLATION & TERMINATION
Cancellation – You can cancel your My Lotto Result Subscription Service by sending a text message from your mobile device containing only the word STOP to the shortcode 63746.
Cancellation for subscribers will take effect immediately. Services are not pro-rated for mid-month cancellations. My Lotto Result 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, My Lotto Result will not refund any fees.
Termination – My Lotto Result reserves the right, at its sole discretion, to terminate your subscription to your My Lotto Result Subscription Service and/or the My Lotto Result website for any reason at any time without notice, including in the event that My Lotto Result reasonably believes that you have breached or acted inconsistently with any provision of the Terms. You acknowledge and agree that My Lotto Result shall have no liability or responsibility to you for termination or suspension of your access or use, and that, in the event you breach these Terms, no portion of your fees will be refunded.
3. ACCEPTABLE USE OF YOUR HEALTH TIPS NOW
By using My Lotto Result Subscription Services, you agree that My Lotto Result grants you a non-exclusive, non-transferable, revocable right to use the Services on your compatible device for your own personal, non-commercial use only. Your use of the My Lotto Result Subscription Services means you also agree to the following acceptable use policies:
Personal, Non-Commercial Use Only – The My Lotto Result Subscription Services are for your personal, non-commercial use only. You understand and agree that you may not resell, transmit or re-transmit, broadcast or re-broadcast or make any commercial use of the Service.
4. INTELLECTUAL PROPERTY RIGHTS
The Text Subscription is made available as part of the Service are owned by My Lotto Result, its licensors, partners and affiliates and are protected by U.S. intellectual property laws and international copyright laws. By using the My Lotto Result Services you understand and agree to abide by U.S. intellectual property laws and agree not to reproduce, modify, scrape, cache, frame, display, perform, transfer, distribute, create derivative works from, or otherwise use the 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 Text Services. 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.
"Bots", Hacking and Other Unauthorized Use – Users of My Lotto Result may not attempt (or authorize, encourage or support others' attempts) to gain unauthorized access to any My Lotto Result 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. You may not use any web robots (bots'), web crawlers, data-mining, or similar applications to submit, gather and extract data from, or otherwise use the My Lotto Result Services. You agree to advise My Lotto Result promptly of any such unauthorized use(s) or attempt(s). You may not interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services, or act in a manner that negatively affects the ability of other users to use the Services.
Customer Support – Please direct any questions concerning the Service or any other My Lotto Result -related issue, to a My Lotto Result customer service representative by e-mail at: firstname.lastname@example.org.
5. OBJECTIONABLE OR EXPLICIT CONTENT.
The Company is not responsible to you for any content or materials contained in all or part of any Download or any other aspect of the Service that you might find objectionable.
6. CHANGE IN TERMS AND CONDITIONS AND YOUR HEALTH TIPS NOW SERVICES
My Lotto Result 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. Use of this service following a change to the Terms of Service constitutes agreement to the new Terms. If you cannot comply with the amended Terms, your only remedy is to cancel your My Lotto Result Subscription and/or not use the Services.
(a) Modifications to Terms. The Company may from time to time amend, supplement or modify the Terms and will post a copy of such amended Agreement on this website. If you do not agree to be bound by (or cannot comply with) the Agreement as amended, you agree that your sole remedy is to cease using the Service by contacting Company to discontinue the Service. Your continued use of the Service constitutes your knowledge and acceptance of this Agreement and any modifications or amendments to the Agreement, and you expressly consent and agree to be bound by the amended Agreement.
(b) Modifications to Service. The Company reserves the right from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that neither the Company nor its affiliates or licensors shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
7. LINKS TO THIRD-PARTY SITES
The Service may present links to retailers or other third-party websites not owned or operated by, nor under the control of, the Company. These links are provided only as a convenience to you and are not intended by the Company, nor do you consider them as, an endorsement by the Company of those sites or of the content contained therein. Neither the Company nor its business partners are responsible for the availability of these third party sites or the content on those sites. You acknowledge that neither the Company nor its business partners are responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site. You should direct any concerns regarding these third-party sites to those sites' administrators.
You understand and agree that your use of the Service and the Downloads is at your own sole risk.
THE SERVICE AND THE DOWNLOADS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY THE COMPANY OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, BUSINESS PARTNERS OR SUPPLIERS (THE "COMPANY'S ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY AND THE COMPANY'S ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN ADDITION, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY AND THE COMPANY'S ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND ALL REPRESENTATIONS OR ENDORSEMENTS, WITH REGARD TO THE SERVICE, THE DOWNLOADS, MERCHANTS, INFORMATION OR PRODUCTS OFFERED OR REFERRED TO ON THE WEBISTE. THERE IS NO WARRANTY THAT THE SERVICE OR THE DOWNLOADS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY OR THE COMPANY'S ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE DOWNLOADS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU WILL NOT HOLD THE COMPANY OR THE COMPANY'S ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, OR THE DOWNLOADS 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 THE COMPANY OR THE COMPANY'S ENTITIES AS APPLICABLE.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR THE COMPANY'S ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE OR THE DOWNLOADS.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR THE COMPANY'S ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT, OR OTHERWISE, ARISING OUT OF OR RELATED TO THE PURCHASE OF THE SERVICE OR ANY DOWNLOAD, OR ANY USE OR INABILITY TO USE THE SERVICE OR THE DOWNLOADS, EVEN IF THE COMPANY OR THE COMPANY'S ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE COMPANY OR THE COMPANY'S ENTITIES AS APPLICABLE, SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $100.
9. ARBITRATION; GOVERNING LAW
Most customer concerns can be resolved quickly and to the customers satisfaction by contacting our customer service department via email at email@example.com.
(a) DISPUTE RESOLUTION: The Company and you each agree to first contact each other with any controversy, claim, or dispute ("Disputed Claim") arising out of or relating to the Terms and Conditions between the Company and you , providing a written description of the problem, all relevant documents or information and the proposed resolution. You agree to contact the Company with disputes by emailing us at firstname.lastname@example.org. The email notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The Company will contact you by email. If the Company and you do not reach an agreement to resolve the claim within 30 days after the email notice is received, you or the Company may commence an arbitration proceeding.
If such negotiations fail to resolve the dispute within their first 30 days, Disputed Claims must be resolved by binding arbitration of a single arbitrator in accordance with the rules of the American Arbitration Association ("AAA"). The arbitrability of Disputes shall also be determined by the arbitrator. Each party shall bear its own expenses and the parties shall equally share the filing and other administrative fees of the AAA and the expenses of the arbitrator, except that the arbitrator shall be entitled to award a different allocation of costs and fees where the arbitrator determines that a filed claim is frivolous. The arbitration proceeding shall be conducted in the English language, in San Francisco, CA. Any award of the arbitrator shall be in writing and shall state the reasons for the award. Judgment upon an award may be entered in any Court having competent jurisdiction. The decision of the arbitrator must be based upon the service agreement and applicable law. The decision of the arbitrator must be reduced to writing, is final and binding except for fraud, misconduct, or errors of law, and judgment upon the decision rendered may be entered in any court having jurisdiction
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY, PARTICIPATING IN A CLASS ACTION OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS IN PARAGRAPH C OF THIS ARBITRATION CLAUSE.
(b) NO CLASS ACTIONS. EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, THE DISPUTE RESOLUTION PROCEDURE SPECIFIED HERE APPLIES AND, THE COMPANY AND YOU EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
(c) RIGHT TO OPT OUT. If you do not wish to be bound by this arbitration clause, you must notify the Company in writing within thirty (30) days after accepting this Agreement, or your rejection of arbitration will not be effective. You must send your request by email to email@example.com. Your request must include your telephone number(s) and a clear statement of your intent, such as "I reject the arbitration clause stated in the Company's Agreement."
(d) GOVERNING LAW. The laws of the state of California will govern any disputes relating to the Disputed Claim or this Agreement, notwithstanding the conflicts of laws rules of California or any other jurisdiction.