Application End User License Agreement (EULA)
Thank you for your interest in MyLotteryWinner (MLW) online lotto and lottery application. This Agreement sets forth the terms and conditions under which you are licensed to use the MLW software.
This End User License Agreement (“License”) is an agreement between you and Cardoza Publishing, DBA MyLotteryWinner.com, its subsidiaries or affiliates (“MLW”), and governs your use of the MyLotteryWinner.com site, software and any and all related documentation, updates and upgrades (collectively, the "Application"). This Application is licensed to you, not sold. BY USING THE APPLICATION, YOU AGREE TO THE TERMS OF THIS LICENSE AND AGREE TO BE BOUND BY THEM. If you do not agree to the terms of this License, then do use the Application. We reserve the right to modify this License at any time without notice. Your continued use of our online services will signify your acceptance of the changes to this License.
Subject to the laws of your governing jurisdiction, minor children may not license or use this Application, nor utilize an Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward (collectively, “Minor”) to use your MLW Account, you hereby agree to this Agreement on behalf of yourself and your Minor, and you understand and agree that you will be responsible for all uses of the Account by your Minor whether or not such uses were authorized by you.
- Limited License Grant. By joining or subscribing to MyLotteryWinner, you agree to be bound by the terms stated herein. Through this membership, you are acquiring and MLW grants you a personal, limited, non-exclusive license to use the Application for your non-commercial use on a single, authorized device solely as set forth in this License. These rights are subject to your compliance with this License. Any commercial use, reproduction, dissemination of the Application is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring, making it available over a network of any type, or otherwise distributing the Application or rights to use the Application. MLW reserves all right, title and interest in the Application. You may not access, use, distribute, copy, display, reverse engineer, derive source code from, modify, disassemble, decompile or create derivative works based on the Application. MLW does not guarantee that this Application can be accessed on all devices, or be available in all geographic locations.
- Term. The term begins when we receive the subscription you choose and continues until the end of that subscription period. For paid members, once the fee has been charged at the start of each subscription period, that charge is final and no refund is available. You can cancel your subscription at any time by visiting the My Account page and following the instructions there. Canceling your membership stops the charge at the start of your next billing cycle. Your service will continue through the end of your current term.
- Application Updates. You agree that the Application may automatically download and install updates, upgrades and features that MLW deems reasonable or necessary. You acknowledge and agree that any obligation MLW may have to support prior versions may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates.
- Consent to Use of Data. To facilitate support, development and enhancements to the Application and your license, you agree that MLW or other third parties may use cookies and other technologies to collect, use, store and transmit non-personally identifiable information regarding your device, IP address, location, and application usage data in a form that does not personally identify you.
- Termination. This License is effective until terminated. Your rights under this License will terminate immediately and automatically without any notice from MLW if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of MLW’s other rights or remedies at law or in equity. Sections 1 through 13, and any supplemental terms of this License shall survive termination of this License.
- Disclaimer of Warranties. This application is provided to you “as is” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. We do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of performance, condition, uninterrupted use, satisfactory quality, fitness for a particular purpose. MLW does not warrant against interference with your enjoyment of the application; that the application will meet your requirements; that operation of the application will be uninterrupted or error-free; that any errors in the application will be corrected; or that the application will be available for reinstalls to the same or multiple devices. No oral or written advice provided by MLW, or any representative shall create a warranty.
- Further Disclaimer. MLW, its parent, subsidiaries and affiliates shall not be liable for any loss or damage arising out of your use of the Application. We make no warranty whatsoever as to a user’s actual results playing lotto and lottery games, nor do we endorse or encourage its play. We have developed this Application for the purpose of aiding users to choose numbers that could be beneficial to their chances of winning. Lotto and lottery games, as in all forms of gambling, entail risk, and we encourage users to play responsibly and within their financial means. Our site is not a gambling site, and as such the Application is solely for informational purposes. It is expressly understood that MLW is not responsible for any lottery or gambling losses as a result of using our analysis methods, predictive methods, pools, wheels, and other systems and features aimed at picking winning numbers.
- Limitation of Liability. To the fullest extent permissible by applicable law, in no event shall MLW be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer failure or malfunction or any other form of direct or indirect, special, incidental, consequential or punitive damages from any causes of action arising out of or related to this License or the application, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not MLW has been advised of the possibility of such damage. In no event shall MLW’s total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the application.
- Severability and Survival. If any provision of this License is deemed illegal or unenforceable under applicable law, the remainder of the Agreement shall continue in full force and effect.
- Injunctive Relief. You agree that a breach of this License will cause irreparable injury to MLW for which monetary damages would not be an adequate remedy and MLW shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
- Governing Law/ Binding Arbitration. This agreement shall be construed in accordance with the laws of the state of Nevada and shall be subject to the jurisdiction of the state of Nevada. In the event any suit, action or any other proceeding is commenced to enforce or interpret any part of this Agreement, the prevailing party in such action shall be entitled to recover its costs and reasonable attorney’s fees incurred in addition to any additional fees, costs, or reliefs as may be awarded. In the event of any dispute the parties are unable to resolve, the parties will attempt to agree on an arbitrator. Such disputes will be submitted to the selected arbitrator and will take place in the State of Nevada in accordance with the rules and regulations of the American Arbitration Association. The decision of such arbitrator will be final and binding on the parties hereto, and it may be enforced in any court of jurisdiction. In the event the parties are unable to agree on an arbitrator, the American Arbitration Association shall be the appointing attorney. You and MLW agree to first attempt to resolve any dispute informally before initiating arbitration. You and MLW agree that any arbitration shall be limited between MLW and you individually and that: (a) no arbitration shall be joined with any other arbitration 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 representative capacity on behalf of the general public or any other persons. You and MLW agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative proceeding. Further, unless both you and MLW agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Assignment. MLW may assign this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without MLW’s prior written consent. Your assignment of this Agreement without MLW’s prior written consent shall be void.
- Entire Agreement. This License constitutes the entire agreement between you and MLW and supersedes all prior communications, whether written, “understood”, or verbal. No failure to exercise or delay in exercising on the part of either party shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any part of this Agreement is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of this Agreement shall be given full force and effect. The provisions of this agreement shall apply to and bind the heirs, successors, executors, administrators and assigns of the Licensee and Licensor.