Terms of Service
Effective Date: December 29th, 2023.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 17. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR SERVICES.
These Terms of Service and any terms expressly incorporated herein (the “Terms of Service” or “Terms”) apply to your access to and use of the platform provided by Lottery Now, Inc. PO Box 408 McAllister, MT 59470 (“LNI,” “we,” or “us”) that provides certain entertainment services, social, and messaging services.
LNI offers a variety of Lottery based games, games of chance, and social communications means to users on its proprietary mobile applications and websites using its Platform. Your viewing, access to, and/or use of the Platform and LNI’s services will constitute your agreement, on behalf of yourself (hereinafter collectively “you” or “your”), to these Terms.
Updates to these Terms:
LNI may make future changes or modifications to these Terms at any time by posting the applicable changes on our website, www.lottery-now.com or www.midolotto.com (collectively the “Site”) and updating the effective date above, and, in some cases, we may provide you with additional notice (such as by adding a statement to the homepage of our Site or by sending you an email notification). Your use of the Platform and the Services will constitute your agreement to the changes and modifications.
Consumer Disclosure: As specified in these Terms, tickets for state Lottery Games purchased via the LNI Platform may have different rights associated with them than tickets purchased directly from a state Lottery sales agent. By way of example only, Tickets for a state Lottery Game purchased via the LNI Platform are NOT eligible to participate in any Second Chance Drawing that may be associated with the applicable Game and that may be available to holders of Lottery tickets purchased directly from a Lottery sales agent.
Notice Regarding Arbitration and Dispute Resolution: You and LNI agree that any future disputes between you and LNI will be resolved by binding, individual arbitration, unless you opt-out in accordance with Section 17. Unless you opt-out of arbitration, you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action, class arbitration, or representative proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an
individual basis. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED IN SECTION 17 BELOW.
In addition to capitalized terms that may be defined elsewhere in these Terms, the followingterms shall have the following meanings.
1.1 “Game” means a Lottery related game, game of chance, and other social game that isoffered through the Platform.
1.2 “Platform” means LNI’s proprietary technology used to access, perform and display the Services.
1.3 “Service” and “Services” means a functionality provided by LNI through the Platform including but not limited to messaging, notifications, asynchronous turn based social game play, management of tickets, sharing of tickets, playing of tickets in both public and private groups.
1.4 “Ticket” means a record generated by a Game that designates the right of a User to certain winnings in accordance with the rules and regulations of the applicable Game and these Terms.
1.5 “User” means any person or entity who opens and maintains an account on the Platform.
- Your Account
2.1 Eligibility. LNI may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from certain states, territories, or jurisdictions (“Restricted Locations” ). The Services are intended solely for registered Users who are at least 18 years of age (or 21 where required in the applicable Jurisdiction). By accessing or using the Platform or Services, you represent and warrant that you: (a) are of legal age to form a binding contract in the jurisdiction in which you are located; (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to agree to these Terms and in doing so will not violate any other agreement to which you are a party; (d) will not use our Services if any applicable laws in your country or jurisdiction prohibit you from doing so; (e) are aware that losses may occur by playing Games and you agree to be responsible for any applicable losses, and that (to the maximum extent permissible by law) applicable losses cannot be recovered from us under any circumstances; and (f) you are authorized to make any payments that you make via the Platform or the Services and will at all times act in good faith in relation to those payments and to the Games overall.
2.2 Number of LNI Accounts. LNI may, in its sole discretion, limit the number of LNI Accounts that you may hold, maintain, or acquire.
2.3 LNI Account Information and Security. In order to engage in any transactions via the Services, you must create an account (the “LNI Account”) and provide all of the required information that we request. By creating a LNI Account, you agree to: (a) login using your cellular phone number; (b) provide accurate and truthful information; (c) maintain and promptly update your LNI Account information; (d) maintain the security of your LNI Account by protecting your log in information and any devices used to access your LNI Account; (e) restrict access to your LNI Account; (f) promptly notify us if you discover or otherwise suspect any security breaches related to your LNI Account; and (g) take responsibility for all activities that occur under your LNI Account and accept all risks of any authorized or unauthorized access to your LNI Account, to the maximum extent permitted by law. LNI will verify the information provided by each User in registering for a LNI Account. If we are unable to verify your information, we may refuse to register or may terminate your LNI Account, and may refuse to allow you to register for a LNI Account in the future.
2.4 Service Fees & Load Fees. LNI charges fees in connection with providing the Services, these fees are used, among other reasons, to cover the cost of initiating financial transactions, operate the Platform, and allow Users to store favorite numbers, configure their Ticket selections, and manage their Tickets after ordering. To order any Ticket or play certain Games, you will need to load money into your LNI Account. To do so, log into your LNI Account and follow the instructions. Depending on the amount of money that you load, you may be subject to a fee at the time that you load money to your LNI wallet (the “Load Fee”). In addition, each time you confirm a Ticket order, LNI will deduct the amount associated with the Ticket order along with the applicable service fees charged by LNI (the “Service Fees”) from your LNI Account. In the event your order cannot be fulfilled, your order amount and any applicable Service Fees shall be immediately credited back to your LNI Account and you will be notified by the Service. If sufficient monies are not in your LNI Account to cover the cost of the order and the applicable Service Fees, LNI will not fulfill the order and will inform you of that. LNI is not liable to you for any loss or injury if you do not have the sufficient monies in your LNI Account to complete any order.
2.5 Account Inactivity Fees. To the extent permissible by applicable law, LNI charges fees (the “Account Inactivity Fees”) to cover the cost of data storage, reporting and communicating in relation to dormant LNI Accounts. Account Inactivity Fees are deducted from your Account Balance after a period of twelve months following the latter of: (i) the registration of your LNI Account; or (ii) the last transaction initiated by you (“Qualifying Event”) on your LNI Account, and every month thereafter until: (i) the Account Balance reaches zero; (ii) we report and remit the Account Balance in accordance with applicable state unclaimed property laws (as described in Section 10 below); or (iii) a subsequent Qualifying Event is performed by you. Qualifying Events include making a payment to your LNI Account and/or placing an order for one or more Tickets. The Account Inactivity Fee will be the lesser of your Account Balance or $4 per month, charged on the last day of each month including the month that your account first becomes inactive.
2.6 Payment Information. By submitting your payment information and electing to make payments to LNI, you authorize LNI to charge the credit card or debit card or withdraw funds from the bank account or payment account, as applicable, that you submit to LNI. LNI will not be responsible or liable to you for any interest, late fees, bank charges, or other charges that you may be charged by your bank or credit card provider or our payment partners. You will be required to provide LNI with accurate and complete contact and payment information. If you do not provide accurate payment information, your payment may be rejected and you may not be able to access certain Services. It is your responsibility to ensure that your information remains complete and accurate. LNI will not have any liability to you for incomplete or inaccurate information submitted for your LNI Account. We may refuse to allow you to use a certain payment method if that payment method fails or if you have disputed a payment made to LNI via that method. If you do not have sufficient funds in your bank account or payment account at the time that our payment partners process a transaction, you may be charged a return fee by that partner in accordance with their terms of service.
2.7 Automatically Triggered Payment. You may elect to have a specified amount of money (the “Triggered Payment Amount”) automatically deducted from your bank or payment account, or credit or debit card and deposited in your LNI Account (an “Automatically Triggered Payment”) every time your LNI Account balance falls below a specified dollar amount (the “Trigger Balance”). You agree that, if you create an Automatically Triggered Payment, the payment will be made in accordance with the Triggered Payment Amount and Trigger Balance of your choosing. You may cancel your Automatically Triggered Payment at any time by logging in to your LNI Account. Your request to cancel your Automatically Triggered Payments may take up to 72 hours to take effect. No refunds can be made for Tickets ordered prior to your effective cancellation. If, at any time, your Automatically Triggered Payment is declined, you will be contacted by phone or email. If your Automatically Triggered Payment fails, you will need to replenish your LNI Account with funds from another source to access the Services.
2.8 Changing Your Payment Information. If you would like to change your payment information, including for any Automatically Triggered Payment, you must authorize the new credit or debit card or bank or payment account by changing your billing options by logging in to your LNI Account. We will not be responsible for any loss, liability, or inability for you to access the Services due to your out-of-date or inaccurate payment information. You may be prompted from time to time to re-authorize your payment information.
- Description of the Services
4.1 Games. The selection of the Games available to you is tied directly to your location. Only when your location can be verified using GPS and other geofencing technologies will the Platform enable you to complete an order for Tickets for certain Games. Your play of any Game is subject to all rules and regulations promulgated by the overseeing authority for the applicable Game.
4.2 Audit Log. The Platform maintains an audit log that contains detailed information including, but not limited to, the date of order of any Ticket, the device a Ticket was ordered from, the geolocation of the applicable device at time of order, unique Platform metadata, and ownership of a single Ticket or multiple Tickets that may be shared between Users (the “Audit Log”).
4.3 Gifting and Sharing. Certain Games allow for the applicable tickets to be shared by multiple people. When allowed by the Game, you may give the ownership of a ticket to another User, thereby fully transferring the rights to any winnings to the other User (“Gifting”). The full rights to any winnings relating to any ticket that is not accepted by the recipient revert to the donor. When allowed by the Game, a User (“Sharer”) may share a ticket with another User and designate what the respective division would be for any winnings between the Users (“Sharing”). A User may also create a group for sharing any winnings that may result from a ticket ordered for a Game. At the time of the deadline to order a ticket for a Game, the designated ownership (whether by an individual or by a group) of any Ticket and the inherent rights to any winnings from the applicable Ticket will be locked by LNI and may not be changed. LNI and the Audit Log will be the final arbiter regarding the ownership of any Ticket and the amounts due and owing to any User in accordance with its records of Gifting, Sharing or applicable groups. LNI will not have any liability, including any loss of winnings, to any User for: (a) any incorrect Gifting, Sharing, or other ownership information provided by any User, or (b) any decision made by a Sharer with respect to the designated ownership division of any Ticket.
4.5 Groups. Certain Games allow for groups to be formed to share in the ownership of Tickets (each, a “Group”). LNI will not have any liability, including any loss of winnings, to any User for: (a) any failure for any User to be included or omitted from any Group, or (b) any decision made by a member of a Group that may affect the ownership of any Ticket.
- A “Private Group” is a Group that a User can access by invite only. A User invited to participate in a Private Group can elect, at his or her own discretion, to contribute Tickets to be collectively owned by all Users in the applicable Private Group. If a Ticket contributed to a Private Group has any winnings, a User in the applicable Private Group will be eligible to receive a percentage of the winnings equal to the number of Tickets the User contributed to the Private Group for a Game divided by the total number of Tickets held for that Game by the Private Group.
- A “Public Group” is a Group that any User may access. A User may elect, at his or her own discretion, to contribute Tickets to a Public Group to be collectively owned by all Users in the applicable Public Group. If a Ticket contributed to a Public Group has any winnings, a User in the applicable Public Group will be eligible to receive a percentage of the winnings equal to the number of Tickets the User contributed to the Public Group divided by the total number of Tickets held for that Game by the Public Group.
4.6 Free Tickets. LNI may, as an incentive or reward, grant ownership in Ticket(s) (“Free Tickets”), in an amount that LNI will decide in its sole discretion, to Users who have agreed to receive certain rewards through the Platform for performing different activities including, but not limited to: inviting additional users to the Platform, repeated playing of Games, reaching certain ordering volumes or achievements, creating new groups, or winning contests that may be offered through the Platform. You agree that a Free Ticket(s) is a gift received from LNI that, if accepted by You, is received at no cost to You.
4.7 Winnings. Each Game may provide its own requirements for claiming any prize. Many Games provide a threshold amount over which the holder of ticket for those winnings must submit a claim form to the Game’s operator or administrator to receive the winnings directly from the applicable operator or administrator, rather than being redeemed in-store (the “Threshold Amount”). If the prize value is less than or equal to the Threshold Amount, LNI will automatically credit your account with the full prize value. If the prize value is greater than Threshold Amount, LNI helps you through the claim and redemption process as described below.
- Prize value less than or equal to Threshold Amount. By using the Service you authorize LNI to store and claim winning Lottery Tickets that have prize value less than or equal to the Threshold Amount in the Jurisdiction of purchase on your behalf. LNI will automatically credit your account with the full prize value which can be used for additional ticket orders or can be withdrawn to a bank or payment account in accordance with these Terms of Service.
- Prize value greater than Threshold Amount. Winning tickets with prize value greater than Threshold Amount are required to be claimed directly from the operator either by mail or in person. The operator may withhold taxes from prize distributions for winning Tickets with claimed prizes totaling more than the in-store Threshold Amount. LNI’s standard process is for you to be paid directly by the Game’s operator or administrator and we will advise you by phone or email in the event of any variations to that process. You consent to, and authorize, LNI to store Lottery tickets on your behalf. It is important that you maintain the accuracy of your LNI Account information, and LNI will have no liability to you due to your failure to update your LNI Account information.
4.8 Account Balance. Your Account Balance is comprised of Withdrawable Funds and Nonwithdrawable Funds.
- “Withdrawable Funds” are monies from Game winnings that have been credited to your LNI Account in accordance with Section 4.7 of these Terms.
- “Non-withdrawable Funds” are credits that have been applied to a User’s LNI Account for the purpose of ordering Tickets and which cannot be withdrawn to a bank or payment account. These include payments that have been made by the User in accordance with Sections 2.6 and 2.7 of these Terms as well as credits arising from promotions, competitions, refunds and referrals.
4.9 Losing Tickets.
After the drawing and prize value results are confirmed, the Tickets that do not match any numbers are considered losing Tickets. Losing Tickets are kept by LNI for up to 90 days. After 90 days losing Tickets are shredded and disposed of. Losing Tickets cannot be returned to Users.
4.10 Second Chance Drawings.
Notwithstanding any other provision of these Terms, LNI does not currently support Second Chance Drawings in any of the jurisdictions in which it operates. More specifically, Tickets for Games purchased via the LNI Platform are NOT eligible to participate in any Second Chance Drawing that may be associated with the applicable Game and that may be available to holders of Lottery Tickets purchased directly from a Lottery sales agent.
4.11 Tickets not Purchased.
If for any reason, LNI is unable to purchase the Ticket you have ordered before the official cutoff time for the drawing of a Game, you will receive a notification that your Ticket was not purchased as well as a full refund of the charges associated with that order.
LNI is not responsible for paying out prizes in the rare event that the Ticket was not purchased from the retailer.
4.12 No Endorsement/Affiliation. LNI is not affiliated with, nor endorsed by, Mega Millions or any State Lottery, and makes no claim of ownership regarding any intellectual property of Mega Millions or a State Lottery, however, any order placed by a User is fulfilled by an officially licensed Lottery retailer in the State where the order was placed.
- Your General Obligations to Use the Services
5.1 Conditions and Restrictions. We may, at any time and in our sole discretion, refuse the order of a Ticket via the Services, impose limits on the number of Tickets that may be ordered via the Services, or impose any other conditions or restrictions upon your use of the Services, without prior notice.
5.2 Accuracy of Information. You must provide any information required when creating a LNI Account or when prompted by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete. Misrepresentation of legal age or identity can invalidate your Ticket ownership.
5.3 No Cancellations. Once you hit the “Complete Order” button for the order of any Ticket, your order may not be canceled and your account will not be credited or refunded for the applicable order.
5.4 Taxes. It is your responsibility to determine what, if any, taxes apply to any winnings you may receive in a Game or via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. As stated in Section 4.7, the Operator may withhold taxes from prize distributions for winning Tickets with claimed prizes totaling more than the in store Threshold Amount. You agree that LNI is not responsible for determining whether taxes apply to your winnings or for collecting, reporting, withholding, or remitting any taxes arising from any winnings.
5.5 Game Rules. You agree, represent, and warrant that you will follow all rules and regulations for any Game for which you order a Ticket. If you are deemed ineligible to redeem a Ticket because you did not properly follow all rules and regulations for the applicable Game, the rights to the applicable Ticket will vest in LNI.
- Intellectual Property
6.1 Copyrights and Other Intellectual Property Rights. Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our websites or mobile applications or otherwise provided in connection with the Services, including, without limitation, the LNI logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, “LNI Materials”) are the proprietary property of LNI or our licensors or suppliers and are protected by U.S. and international copyright laws and other intellectual property rights laws. We hereby grant you a limited, nonexclusive, non-assignable, and non-sublicensable license to access and use the LNI Materials solely for your personal use. This license is subject to these Terms and does not permit (a) any resale of the LNI Materials; (b) the distribution, public performance or public display of any LNI Materials; (c) any modification or other making of any derivative uses of the LNI Materials, or any portion thereof; or (d) any use of the LNI Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
6.2 Trademarks. “LNI,” the LNI logo, and any other LNI product or service names, logos, or slogans that may appear on our Services are trademarks of LNI, in the United States and in other countries, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. You shall not use any trademark, product or service name of LNI without our prior written permission, including without limitation any metatags or other “hidden text” utilizing any trademark, product, or service name of LNI. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of LNI and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
- Acceptable Use
When accessing or using the Platform or any Services, you agree that you will not violate any law, contract, intellectual property or other third-party right, or commit a tort, and that you are solely responsible for your conduct while using our Platform and Services. Without limiting the generality of the foregoing, you agree that you will not:
- Use our Platform or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Platform or Services, or that could damage, disable, overburden, or impair the functioning of our Platform or Services in any manner;
- Use our Platform or Services to pay for, support, or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access our Platform or Services or to extract data;
- Use or attempt to use another User’s account without authorization;
- Attempt to circumvent any content filtering techniques we employ, or attempt to access any Service or area of our Platform that you are not authorized to access;
- Introduce to the Platform or Services any malware, virus, trojan worms, logic bombs, or other harmful material;
- Develop any third-party applications that interact with our Platform or Services without our prior written consent;
- Provide false, inaccurate, or misleading information;
- Share content or communications that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- Share content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service;
- Share content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
- Encourage or induce any third party to engage in any of the activities prohibited under this Section.
- Risk Disclosure
There are risks associated with any games of chance, and of utilizing an Internet-based ordering system including, but not limited to, the failure of hardware, software, and Internet connections. You agree that LNI shall not be responsible for any communication failures, disruptions, errors, distortions, or delays you may experience when using the Platform or placing an order via the Services, however caused.
- Electronic Notices
9.1 Consent to Electronic Delivery. You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that LNI provides in connection with your LNI Account and/or use of the Services. You agree that LNI may provide these Communications to you by posting them on our website, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier’s normal, messaging, data, and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us at firstname.lastname@example.org to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below).
9.2 Hardware and Software Requirements. In order to access and retain electronic Communications, you will need a computer or cellular device with an Internet connection that has a current web browser with cookies enabled. You will also need to have a valid email address on file with LNI and have sufficient storage space to save past Communications or an installed printer to print them.
9.3 Withdrawal of Consent. You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to email@example.com. If you decline or withdraw consent to receive electronic Communications, LNI may suspend or terminate your use of the Services.
9.4 Requesting Paper Copies. If, after you consent to receive Communications electronically, you would like a paper copy of a Communication we previously sent you, you may request a copy within 30 days after the date we provided the Communication to you by contacting us as at firstname.lastname@example.org. In order for us to send paper copies to you, you must have a current street address on file with LNI. Please note that our Services operate exclusively online and it is very burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, you agree that we may charge you a processing fee in the amount $5.00 USD for each page of Communication requested.
9.5 Updating Contact Information. It is your responsibility to keep your email address and\mobile phone number on file with LNI up to date so that LNI can communicate with you electronically. If we send you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, we will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add LNI to your email address book so that you will be able to receive the Communications we send to you. You can update your email address, mobile phone number, or street address at any time by logging into your LNI Account or by sending the applicable information to email@example.com. If your email address or mobile phone number becomes invalid and electronic Communications sent to you by LNI are returned, we may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from you.
- Unclaimed Property
If for any reason LNI is holding funds in your LNI Account on your behalf, and we are unable to return your funds to you as set forth in these Terms or as required by applicable law, then we may report and remit the applicable funds in accordance with applicable state unclaimed property laws.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials regarding LNI or our Services that you provide, whether by email, posting through our Services, or otherwise (“Feedback”). Any Feedback you submit is non-confidential and shall become the sole property of LNI. We will be entitled to the unrestricted right to use and disseminate the applicable Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in the applicable Feedback. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the requirements set out in this Section 11 or in Section 7 (Acceptable Use). Further, you agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.
In the event of any Force Majeure Event (as defined in Section 19.3), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for LNI, we may, in our discretion and without liability to you, with or without prior notice, suspend or terminate your access to all or a portion of our Services. We may also suspend or terminate your access to the Platform and the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your LNI Account and all related information and files in the applicable account without liability to you if LNI determines there is cause to do so, including, for instance, in the event that you breach any term of these Terms. In the event of termination, we will attempt to return any funds in your LNI Account using the same payment mechanism used by you to submit funds into your LNI Account. Further, we may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. To unsubscribe from LNI Services you will need to use the “Delete Account” feature located in the “My Data” settings menu, or by emailing firstname.lastname@example.org with your unsubscribe request. If you unsubscribe to LNI Services, your Account may be cashed out in accordance with Section 4.8 and your access to the Platform will be discontinued. Please note, again, that it is important for you to update your LNI Account information as needed. LNI does not have any liability to you due to your failure to update your contact information.
- Use of the Platform and Services Through a Mobile Application
13.1 App Access. You acknowledge and agree that the availability of the Platform and Services may be dependent on third party websites or mobile applications from which you download the mobile application (the “App”) through which you access the Platform and Services (e.g., the Apple App Store or Google Play Store) (each a “Third Party App Store”). You acknowledge that these Terms of Service are between you and LNI and not with the applicable Third Party App Store. Each Third Party App Store may have its own terms and conditions to which you must agree before downloading the App from it. You agree to comply with, and your license to use the App is conditioned upon, your compliance with the applicable Third Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third Party App Store are less restrictive than, or otherwise conflict with, these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.
13.2 App Updates. From time to time, LNI may in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). You agree that LNI has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the App. However, if LNI does provide any Updates, depending on the settings of your mobile device, (i) the App may automatically download and install all available Updates, or (ii) you may receive notice of or be prompted to download and install available Updates. You acknowledge and agree that the App or portions thereof may not function property if you do not promptly download and install all Updates. You further agree that all Updates will be deemed part of the App and be subject to these Terms of Service.
13.3 Mobile Device Service Charges. You acknowledge and agree that you are solely responsible for any charges incurred by you with your mobile provider as a result of your use of the Service through the App, including any overage and penalties assessed for exceeding the limits imposed by your service provider.
- Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR PLATFORM, SERVICES AND SITE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR PLATFORM AND SERVICES, INCLUDING THE INFORMATION, CONTENT AND LNI MATERIALS CONTAINED THEREIN. LNI DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. LNI DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
You agree to defend, indemnify, and hold harmless LNI and our affiliates, independent contractors and service providers, and each of our respective officers, directors, members, employees, agents, and affiliates (collectively, “Indemnified Parties”) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Platform or any Service; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. However, you will not be required to indemnify and hold us or any other Indemnified Party harmless from and against any applicable claims or demands to the extent resulting from the LNI’s own negligent conduct. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
- Dispute Resolution; Arbitration
THE INDEMNIFIED PARTIES SHALL HAVE NO LIABILITY FOR, AND YOU RELEASE THE INDEMNIFIED PARTIES FROM, ALL DAMAGES, COSTS AND LIABILITIES ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE PLATFORM, SERVICES OR LNI MATERIALS, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR PUNITIVE DAMAGES OR DAMAGES FOR LOSS OF DATA, EVEN IF AN INDEMNIFIED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES, ANY LNI MATERIALS, AND/OR CONTENT EXCEED $100.
The foregoing disclaimer of warranties, disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law. The laws of some states or jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages. To the extent that those laws apply to these Terms, the exclusions and limitations set forth above may not apply to you.
- Dispute Resolution; Binding Arbitration
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
17.1 Initial Dispute Resolution. Company is available by email at email@example.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
17.2 Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 17.1 above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Site and/or Products shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. You or we may elect to appear at the arbitration by phone or, if you and we both agree, to conduct it online, in lieu of appearing live. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adrrules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), Company will pay the additional cost. If Company is required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and Company will make arrangements to pay all necessary fees directly to JAMS. Company will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by Company if you do not prevail in arbitration. Company will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
17.3 Class Action and Class Arbitration Waiver. You and Company each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Company each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 17.2 shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
17.4 Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
17.5 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 17.2 and 17.3 by sendingwritten notice of your decision to opt-out by emailing Company at firstname.lastname@example.org . The notice must be sent within thirty (30) days of your first use of the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, Company also will not be bound by them.
17.6 Governing Law; Exclusive Venue for Litigation. The laws of Montana, excluding its conflicts of law rules, govern your access to and use of the Services and LNI Materials. To the extent that the arbitration provisions set forth in Section 17.2 do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 16 the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Montana (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Montana for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
- U.S. Based Service
The Platform and Services are directed to users located in the United States. LNI makes no representations that the Platform or Services are legal or appropriate for use in other locations, even if they are accessible from locations outside the United States. Those who access or use the Platform or Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including export and import regulations. You may not use the Platform or Services if you are a resident of a country embargoed by the United States or are a foreign person or entity blacklisted or subject to sanctions by the United States government. Unless otherwise explicitly stated, all materials found on the Platform or Services are solely directed to individuals, companies, or other entities located in the United States.
19.1 Nonwaiver. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
19.2 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
19.3 Force Majeure Events. We shall not be liable for (a) any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information; or (b) any loss or damage arising from any event beyond our reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction, or any other cause beyond our reasonable control (each, a “Force Majeure Event”).
19.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. We may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
19.5 Headings. Headings of sections are for convenience only and shall not be used to limit or construe the corresponding sections.
19.6 Survival. Sections 2.1 (Eligibility), 2.3 (LNI Account Information and Security), 4.3 (Gifting, Sharing, and Groups), 5 (Your General Obligations to Use the Services), 6 (Intellectual Property), 8 (Risk Disclosure), 9 (Electronic Notices), 10 (Unclaimed Property), 11 (Feedback), 13 (Disclaimer of Warranties), 14 (Indemnification), 15 (Limitations of Liability), 16 (Dispute Resolution; Arbitration), and this Section 19 (Miscellaneous) shall survive any termination or expiration of these Terms.
19.7 Entire Agreement; Order of Precedence. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with LNI for the Services or for any other LNI product or service or otherwise. In the event of any conflict between these Terms and any other agreement you may have with LNI, the terms of that other agreement will control only if these Terms are specifically identified and declared to be overridden by the other agreement.
19.8 Notice to California Users. Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: If a user has a question or complaint regarding the Services, please send an email to email@example.com . California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.