LotteryNumbersPro.com Products & Services - Sales Terms
AGREEMENT TO TERMS
These Sales Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and lotterynumberspro.com ("we," "us" or "our"), concerning your access to and use of the http://www.lotterynumberspro.com products and services. You agree that by purchasing our products and/or services, you have read, understood, and agree to be bound by all of these Sales Terms. If you do not agree with all of these sales terms, then you are expressly prohibited from using the products and services and you must discontinue use immediately.
FEES AND PAYMENT
We accept the following forms of payment:
PayPal (which may include):
Visa
Mastercard
American Express
Discover
You may be required to purchase or pay a fee to access some of our products and services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site and PayPal. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through PayPal for purchases made via the Site. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize PayPal to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to PayPal charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify PayPal of your cancellation. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
RETURNS | CANCELLATIONS | REFUNDS
Due to the nature of our products (unsecured data and custom services) all sales are final. You may not return, cancel, or request a refund for your purchase (i) once payment for a product has been made and the automatically distributed (emailed) download link has been sent to you (ii) once work on a requested service has started.
DUPLICATE ORDERS
You agree that LotteryNumbersPro.com, in its sole discretion, will determine if a duplicate order was accidental or intentional. LotteryNumbersPro.com may refund all, part, or no part of duplicate orders. Discounts received due to duplicate orders will be subtracted from any refund provided to you by us.
DOWNLOADS
To receive our products you will need a computer or device with the ability to download and open .zip files from the internet or emailed to you as an attachment. Your computer or mobile device must also be able to open and display the contents of text files and/or .pdf files. It is your responsibility to know the limitations of your computer and/or mobile device prior to ordering our product(s).
After notification of payment has been received, LotteryNumbersPro.com we will either email you a link to download the product, or attach the product to an email. Product links are active for 48 hours. After the 48 hour period has elapsed LotteryNumbersPro.com has no legal responsibility to reactivate the link. If you received the product as an attachment, LotteryNumbersPro.com has no legal responsibility to resend the product to you. LotteryNumbersPro.com is not responsible for lost or misdirected email notifications sent to our customers - check your spam box!
DOWNLOAD LINK REACTIVATION REQUESTS
LotteryNumbersPro.com has no legal obligation to reactivate the download link or resend the product to you. If LotteryNumbersPro.com in its sole discretion chooses to not reactivate the link or resend the product your only option will be to repurchase the item.
DISCLAIMER
OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR PRODUCTS AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR PRODUCTS AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR PRODUCTS OR SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF OUR PRODUCT AND SERVICES DESCRIPTIONS, DATA AND CONTENT (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PRODUCTS AND SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PRODUCTS AND SERVICES OR BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY PRODUCT AND SERVICES DATA OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OUR PRODUCTS AND SERVICES TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST WINNINGS, LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR PRODUCTS AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of our Products and Services; (3) use of the Site; (4) breach of these Terms of Use; (5) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, our products and services are our proprietary property and all data, source code, databases, functionality, software, (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Our products and service are provided "AS IS" for your personal use only. Except as expressly provided in these Terms of Use, no part of of our products and services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you have purchased and are eligible to use our products and services, you are granted a limited license to access and download our products and services and print or create a digital copy of any portion of our products and services to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in our products and services.
DISPUTE RESOLUTION Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Dane County Wisconsin. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Dane County Wisconsin, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
MISCELLANEOUS
These Sales Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Sales Terms shall not operate as a waiver of such right or provision. These Sales Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Sales Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Sales Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Sales Terms or use of our products and services. You agree that these Sales Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Sales Terms and the lack of signing by the parties hereto to execute these Sales Terms.
CONTACT US
In order to resolve a complaint regarding our products and services or to receive further information regarding use of our products and services, please contact us at:
support@lotterynumberspro.com
Additional relevant site terms of use and policies can be found here
