LuckSmith Terms Of Service and Acceptable Use Policy
(Update 2/21/2005)
LuckSmith ("The Company") agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS) and Acceptable Use Policy (AUP). Use of the LuckSmith Service constitutes acceptance and agreement to LuckSmith's Acceptable Use Policy as well as LuckSmith's Terms of Service. The TOS and AUP may be changed from time to time at the discretion of the Company.
This Agreement shall be construed in all respects in accordance with the laws of the country of the United States of America, the state of Colorado.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition The Company shall have the right to terminate all service set forth in this Agreement.
2. Subscription Content Ownership: Subscriber acknowledges that the content of any and all communications received from the Company, including but not limited to any lottery game prediction research and information, is provided to Subscriber by the Company for their exclusive fair and personal use under the guidelines of the AUP. Ownership and control of the content of any and all communications resides with the Company and Subscriber has no right, implied or otherwise, to distrubute, share, market, or trade the content in any form.
3. Use by Minors or on Behalf of Minors: Subscriber acknowledges that the content of any and all communications received from the Company, including but not limited to any lottery game prediction research and information, will not be shared or distributed with anyone not of legal age to participate in lottery games. Additionally Subscriber acknowledges they are of legal age to participate, and they are not representing or acting on behalf of someone not of legal age to participate in a lottery game.
4. Service Fees: Subscriber acknowledges that the nature of the service furnished and the required subscription fees that have been communicated to Subscriber. Subscriber acknowledges that fees secure a subscription of a specified term, and any subsequent terms require renewals. Subscriber is aware that the Company may change the specified subscription fees from time to time, and renewal fees may differ from subscription fees for the most recent term. The published subscription fees at any time are contingent upon the Company achieving and maintaining its cost of service goals including but not limited to rates charged to Company by its suppliers.
5. Payment: Establishment of a Subscriber account is dependent upon receipt by the Company of payment of stated fees to The Company. The Company provides services for a specified term, (determined by the Subscriber at the time of purchase), and payment for the entire term is required at the beginning of the term. No provisions are made for partial, installment, or monthly payment programs at this time. Subsequent service renewal payments are due on the anniversary date of each subsequent subscription enrollment. (Renewal periods differ based on the subscription program selected).
6. Service Activation and Deactivation: No service or subscription activation will occur until a valid payment is received and confirmed by The Company for a subscription. If a subscription reaches its term and a renewal payment is not received by the Company within 72 hours of the due date, the service will be temporarily deactivated. The Subscription will remain active, and the Subscriber will be notified of the need to provide payment to reactivate the service. If payment is not received within a period of 30 days from the date of deactivation, the Subscription will be formally cancelled and the account will be removed.
Subscribers may cancel an account at any time by following the procedure outlined in this document.
7. Refunds and Disputes: All active subscription payments to The Company are nonrefundable. The Company may grant refunds under certain circumstances. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in The Company's sole discretion is a valid charge under the provisions of the TOS and AUP, you agree to pay The Company an "Administrative Fee" of not less than $50 and not more than $150.
8. Account Cancellation: All requests for canceling accounts must be made by e-mail. Cancellation can take up to 72 hours to be fully completed. If an account or Subscription is cancelled during a fully paid, active service term, the service can remain active for the duration of time that has already been paid. Cancellations under no circumstances include a refund of any portion of a subscription payment. Cancellations only remove a Subscriber account from The Company’s list of active Service users. Cancelled accounts cannot be reinstated or renewed. Subscribers wishing to renew a prior account must apply again as a new Subscriber and pay for a new subscription.
9. Interruption of Service: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. These interruptions can impact Web sites, e-mail, general Internet traffic, and other aspects beyond the direct and exclusive control of the Company that can directly or indirectly affect the Company and the services provided to Subscribers. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
10. Subscriber Responsibility: The Company’s responsibility under this agreement is to provide information and research regarding lottery game behavior and prediction. Subscriber acknowledges this information is not guaranteed to be factual, and that The Company does not provide any guarantee regarding the accuracy of the information. Subscriber acknowledges and agrees The Company’s information at various unpredictable intervals will not improve and may impair mathematical odds of winning lottery prizes. ANY MONEY WAGERED BY SUBSCRIBER IN A LOTTERY GAME, WHETHER USING INFORMATION PROVIDED BY THE COMPANY OR NOT, IS DONE SO SOLELY AT SUBSCRIBER’S RISK. Subscriber acknowledges this risk and agrees the Company and any of its officers, directors, or employees cannot be held liable for any loss, damages, or injury, both known and unknown, that may result from the actions of the Subscriber regarding a lottery game wager, or lack thereof.
11. Lottery Tickets and Other Lottery Instruments: Subscriber acknowledges that THE COMPANY IN NO WAY DELIVERS, PURCHASES, LEASES, OR SUGGESTS THE TRANSFER OF ANY TICKET OR OTHER LOTTERY INSTRUMENT, LEGAL OR ILLEGAL, VALID OR INVALID, TO THE SUBSCRIBER. SUBSCRIBER ALONE IS RESPONSIBLE FOR AQUIRING OR NOT ACQUIRING LOTTERY TICKETS OR OTHER INSTRUMENTS AS PARTICIPATION IN A LEGAL LOTTERY GAME. The Company cannot be held liable for damages, loss, injury to Subscriber for others as it relates to the purchase or non-purchase of lottery tickets and other instruments.
12. Warranties: The Company MAKES NO WARRANTIES FOR ANY OF OUR SERVICES, AND DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE MERCHANTABILITY, ACCURACY, FITNESS FOR ANY PURPOSE, TIMELINESS OR SUITABILITY OF THE SERVICE OR ANY OF THE PREDICTIONS APPEARING THEREIN. Subscriber agrees to utilize the Service at Subscriber’s own risk and disclaims all claims, both known and unknown, against the Company, its officers, directors, and employees, for liability resulting from any use of the Service. The Company is not responsible for any damages, monetary or otherwise, you may suffer.
13. Notification of Violation:
14. The Company reserves the right to amend its policies at any time.
15. Indemnification: The Company wishes to emphasize that in agreeing to the Acceptable Use Policy (AUP) and Terms of Service (TOS), Subscriber indemnifies The Company for any violation of the AUP and TOS that results in loss to The Company or the bringing of any claim against The Company by any third-party. This means that if The Company is sued because of a Subscriber's activity, the Subscriber will pay any damages awarded against The Company, plus all costs and attorney's fees.
16. Miscellaneous Provisions: Subscribers must provide us with, and keep current, good e-mail contact information. E-mail, fax, and telephone contacts are used, in that order of preference.