I. Acceptance of Terms
Thank you for downloading the mobile application ("Mobile Application") and/or visiting the websites ("Websites" and collectively with the Mobile Application, the "Sites" or the "Site") operated by or on behalf of The Lotto Pro (herein referred to as "we" or "us" or “Lotto Pro”). These Terms of Use, along with any additional and/or special terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific Product (as defined below), service or feature (collectively, "Terms of Use"), and the Privacy Policy set forth the terms and conditions that apply to your use of the Site. Additionally, we may post these Terms of Use with any other application or software authorized by us to access and/or display our Products from time to time, in which case the subject application or software shall also be considered a "Site" for purposes hereof. By using a Site, you accept and agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Use, you should not access or use the Site.
You must be at least 18 years of age to use the Site.
Your access to and use of this Site is also subject to all laws, rules and regulations applicable to The Lotto Pro and Products available from it by special statute or otherwise, and all rules, policies and procedures of The Lotto Pro, all of which are incorporated herein by this reference and constitute an integral part of these Terms of Use. Only persons over the age of legal majority who can form legally binding agreement(s) under applicable law and comply with these Terms of Use are permitted to use the Site, purchase Products on or through the Site and/or establish a Site account where applicable. Certain Products available through the Site may be subject to additional terms and conditions provided with such Products, and may require you to register, take certain actions and/or provide additional information and certifications to us, and in certain cases, to our third-party providers, vendors and/or processors as a condition of application for, use of or access to those Products. For such third-party Products, you also may be asked to accept the terms and policies of such provider. You should read all applicable terms and policies carefully to ensure you understand how a third-party may use your information. Please read these Terms of Use carefully. If you do not accept and agree to be bound by the Lotto Pro Terms of Use, you are not authorized to download the Mobile Application or access or otherwise use the Sites and the Products available through the Sites; provided, however, if you do not accept the terms and policies of a third-party provider, you are not authorized to access only those specific Products, services or features which require acceptance of the terms and policies of a third-party provider.
We can change or update these Terms of Use at any time without notifying you, and such changes or updates will be effective immediately upon posting. If you continue to use this Site after such changes or updates are posted, you will be deemed to agree to such changes or updates. Unless otherwise indicated, any new Content added to this Site will also be subject to these Terms of Use. Please review the Site and these Terms of Use periodically for changes and updates.
Please contact us as indicated under "How to Contact Us" if you have any questions or would like additional information.
II. Violation of Terms of Use
We may take any lawful action we deem appropriate in response to an actual or suspected violation of the Terms of Use. This includes, but is not limited to: suspending or disabling access to your account; blocking access to the Sites; withholding your transfer of any funds in your Account pending completion of an investigation; invalidating a Product purchase; reporting and providing information about your actions to any third party as required, including law enforcement; cooperating in any investigation; and initiating or participating in any civil or criminal action. By violating these Terms of Use, you waive and forfeit any claim.
III. Product, Service and Feature Terms and Availability
The Site is available to the public for information about the Lotto Pro without registration, upon agreement with the Terms of Use.
Lotto Pro users may register for use of the Site for certain purposes and promotions (e.g. tools, notices and second chance promotion entries) upon agreement with the Terms of Use and opening a Lotto+® Account by providing required basic player information.
Lotto Pro Players may register for use of the Site for specific services and products available for purchase or licensing on or through the Sites ("Products") upon agreement with Terms of Use and opening a Lotto+® Account and providing additional information required by the Terms of Use.
At any time, you may maintain only one (1) Lotto+® Account, unless otherwise allowed by Lotto Pro.
There is no requirement for registration to use the Site for public information about the Lotto Pro.
To use the Site for certain purposes, services and promotions (e.g. tools, notices, and alerts), a user must register for a Lotto+® Account by providing certain information, including, but may not be limited to, the following:
By submitting information to register for a Lotto+® Account, or to update your existing account profile, you represent and warrant that:
After a valid registration with an account profile has been completed, the Lotto Pro may send you a verification email.
We may require you to change or update account information at any time, including, but not limited to, your username or password. We reserve the right to require you to change your account log-in user name and/or password if we deem your login information to be offensive, inappropriate, or otherwise unacceptable.
Access to the Sites may from time to time be unavailable, delayed, limited or slowed due to, but not limited to, the following:
IV. Limited License; All Rights Reserved
We hereby grant you a limited, non-exclusive and revocable license to access and make personal use of this Site, but not to download, copy (other than page caching for personal use) or modify it or any portion of it, except with our express written consent or as technically required in order to access to the Site (e.g., downloading the Mobile Application).
This license does not include any resale, commercial use or alternative display of this Site or any of the text, pictures, graphics, logos, names, trademarks, images or other materials and content displayed on and from the Site or any Products provided or offered through or on the Site (collectively, "Content"). Without limiting the foregoing, you may not frame or utilize framing techniques to enclose the Site or any portion thereof. You may not use any meta-tags or any other "hidden text" utilizing our or any of our third-party providers' name(s) or service marks. As between us and you, we retain all right, title and interest in and to this Site and any and all intellectual property rights therein and thereto. We reserve all rights not expressly granted for ourselves and on behalf of our licensors. Any unauthorized use terminates the permission or license granted by us.
V. Ownership
The Lotto Pro and its licensors own all right, title and interest in and to this Site and all software and features, any and all Products available through the Sites, and any and all intellectual property rights therein and thereto, and we, along with our licensors own all copyrights, trademarks, service marks, trade secrets and trade dress to all Content displayed on and from the Sites. Any unauthorized use of Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws, regulations and statutes. You may not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any Content without our express written consent. As technically feasible, we agree that you may print out a hard copy of certain portions of the Site for your personal use provided that you keep intact and do not remove or alter any copyright or other proprietary notice. If you believe that any Content on this Site violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at info@thelottopro.com or through the applicable area provided on the Mobile Application. You may be asked and required to provide additional information and follow additional procedures for us to act on your complaint.
VI. Trademarks and Service Marks
Certain trademarks, including "The Lotto Pro®" are the service marks and trademarks of RVE,LLC. or one of its third-party providers. The domain name for this Site, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of The Lotto Pro. All other trademarks, service marks, trade dress, Product names, company names or logos, whether registered or not, on the Site are the property of their respective owners, whether The Lotto Pro or one of its third-party providers. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Site without the prior written authorization of their owners.
VII. Information Submitted by You
You may have the opportunity from time to time to communicate with us and/or submit comments, questions, suggestions, feedback and other information to us regarding the Sites, Products and/or Content (collectively, "Feedback"). Any such Feedback (expressly excluding any personal information provided with the Feedback and subject to our Privacy Policy) you transmit to us on or through this Site, whether by direct entry, connectivity, usage, submission, email or otherwise will be treated as non-confidential and non-proprietary and will become the property of The Lotto Pro. Such information may be used for any and all commercial and noncommercial purposes in our sole discretion without any obligation to you, whether financial, attribution or otherwise. Please note that special provisions may apply to submissions of personal information on the account and commerce areas of the Site where Products are available for purchase, license or application, including on the Lotto+® Account Product areas of the Site; such special terms incorporated in these Terms of Use include those set forth at Lotto Pro Privacy Policy.
By sending us your Feedback, you agree to and hereby grant us a non-exclusive, irrevocable, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use and exploit any and all copyrights, trademarks, trade secrets, patents and other intellectual property rights in and to such Feedback (including, without limitation, games, tools, and game ideas) without notice or obligation to you. When you submit any Feedback subject to protection under intellectual property laws (e.g., photos, videos, articles, etc.) to the Site, you represent, warrant and covenant to us that you have all necessary rights to copy, display and submit such information and grant us the foregoing rights, and that such information does not infringe or violate the rights of any person.
VIII. Prohibited Uses
In connection with your use of the Site, you agree you will use the Site only for the personal use for which it was intended, and you will not:
We reserve the right to take whatever lawful actions we may deem appropriate (whether at law or in equity) in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of the user's access and/or account. The Lotto Pro will cooperate fully with any law enforcement officials and/or agencies if requested or required in the investigation of any users who violate the Terms of Use and may disclose your information to such law enforcement officials and/or agencies as may be required by law.
IX. Right to Monitor
We do not monitor general use of this Site under normal circumstances. We do reserve the right to monitor such use for abuse and fraud, and to remove any materials that may be illegal, subject us to potential liability, violate these Terms of Use or other applicable policies or laws or otherwise be deemed inappropriate or offensive in our discretion. We also review, process and verify, as applicable, information and data submitted to us for certain Products available on or through the Site, consistent with the terms of our Privacy Policy.
X. Links to Third-Party Offerings
This Site may contain information and links to other sites and offerings owned, operated or provided by parties other than us. Such information, links and access are provided only for ready reference, ease of use and/or your consideration. We may remove a link at any time in our sole discretion for any reason whatsoever. We do not control such third-party products, websites or offerings, and we are not responsible or liable for their terms of use, privacy practices, operation, content or accuracy. We do not endorse these sites, products or the content or services provided there. We accept no liability for any information, products, advertisements, content, services or software accessible through these third-party offerings, for business and/or privacy practices of any third-party, for any action you may take or for any damages or losses you may incur as a result of linking to any such offering. Any opinions, statements, services or other information expressed or made available by users or third-party suppliers on this Site are solely those of such users or third-party providers.
YOU AGREE THAT YOUR USE OF LINKED THIRD-PARTY SITES, OFFERINGS AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AND PRIVACY POLICIES APPLICABLE TO SUCH SITES, OFFERINGS AND RESOURCES, AND THAT WE HAVE NO LIABILITY FOR SUCH USE OR PRODUCTS PURCHASED THEREON.
XI. Reservation of Rights
We reserve the right in our sole discretion and at any time (i) to deny any account creation request, (ii) to terminate your account and subscription to the Site or any portion thereof, (iii) to remove any Content and/or Products from the Site, and/or (iv) to modify, interrupt, limit, suspend or discontinue, temporarily or permanently, the Site, any subscription or access to the Site or any Products available through the Site. We are not liable to you or to any third-party for any such modifications, suspensions or discontinuances of the Site, subscriptions, access or Products.
XII. Site Privacy Policy
Please see our Privacy Policy available on the applicable Site for information about our practices and procedures for personal information we collect at this Site. Please also note and see the separate privacy policies for our vendors providing third-party products and services through the Site.
XIII. Limited Warranty and Warranty Disclaimer
We prepared the Content and other information contained on this Site as a convenience. It is not intended to constitute advice or recommendations upon which you may rely. We make no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Site. Users relying on Content or other information from this Site do so at their own risk. Additional information generally applicable to participation in and/or purchase of Products offered by us is set forth in the Frequently Asked Questions, and you may want to refer to such information prior to your participation in and/or purchase of Products from us on this Site or otherwise.
The information and descriptions contained in this Site applicable to Products available for purchase or license through this Site is provided solely for general informational purposes. Should you purchase or license any Product through the Site, you must refer to the Product rules and limitations and any accompanying information for additional rules and proper use, as well as any special terms of sale and other information posted at the point of purchase.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS, SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND THE LOTTERY AND ITS LICENSORS AND PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, INCLUDING CONTENT CONTAINED HERE, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT AND ACCURACY. WE MAKE NO WARRANTY THAT THE SITE OR ITS CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
XIV. Limitation of Liability
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) WE OR ANY OF OUR LICENSORS OR PROVIDERS, AFFILIATES OR SUCCESSORS BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, ARISING FROM OR RELATING TO YOUR USE OR THE INABILITY TO USE THE SITE, PRODUCTS, SERVICES OR CONTENT, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) OUR TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE PURCHASE PRICE PAID BY YOU FOR THE SPECIFIC PRODUCT IN QUESTION.
Under no circumstances will we or any of our licensors or providers have any liability or responsibility whatsoever with respect to tickets, shares or plays produced, programmed, communicated, rendered, displayed or issued in error, including as a result of any programming, communication or printing error, and/or not in compliance with these Terms of Use and any additional specific rules applicable to the particular Product involved Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.
XV. Indemnification
You agree to indemnify and hold harmless The Lotto Pro, our members, affiliates, providers, partners (and each of their respective successors and assigns) and the officers, directors, partners, shareholders, agents, licensees and employees of each of the foregoing from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney's fees, that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Site, any Product or Content, your breach of these Terms of Use, your inability to access the Site or any Products available on or through the Site, the use of any linked websites, your reliance on any errors or omissions on the Site, or the propagation and/or contraction of any computer virus in connection with your use of the Site, Products and/or the Content.
XVI. Force Majeure
Neither party will be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.
XVII. Notices
Any notices to you from us regarding the Site or these Terms of Use will be posted on this Site or made by email or regular mail.
XVIII. Electronic Communications
When you visit this Site or send or accept electronic messages through the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or other authorized form of electronic message or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.
XIX. Entire Agreement
The Terms of Use, including the additional and/or special terms referenced herein and/or provided with certain Products, and the Lotto Pro Privacy Policy constitute the entire agreement between us and you in connection with your use of this Site, including your purchase or license of Products available through the Site, and supersedes any prior agreements between The Lotto Pro and you regarding the same, including prior versions of any of the Terms of Use.
XX. Governing Law; Jurisdiction; Venue; Severability of Provisions
These Terms of Use are governed by the laws of the State of Georgia and controlling United States Federal law without regard to any conflicts of law provisions. All parts of these Terms of Use apply to the maximum extent permitted by law. Both parties agree that if either party cannot enforce a portion of these Terms of Use as written, then that portion will be replaced with terms that most closely match the intent of the portion that cannot be enforced to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience and do not have any force or effect. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date such cause of action arises. Any claim or dispute arising out of or relating to any Product, these Terms of Use, or any of them is subject to the exclusive jurisdiction of the Superior Court of Fulton County, Atlanta, Georgia, and you hereby consent and submit to the personal jurisdiction of such Court and waive any objections thereto.
XXI. Password Accounts, Passwords and Security
If you have been given the option to open an account on this Site that will provide you with access to password protected portions of the Site and you elect to do so, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, which may include without limitation: (i) your name, (ii) billing and related information, and (iii) email address. During the registration process, you may be required to choose a username and password. You acknowledge and agree that we may rely on this password to identify you. Your account is personal to you and should not be used by any other person. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account regardless of whether you authorized such access or use. You agree to (a) immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses we or another party incur due to someone else using your account or password. You may not use anyone else's account at any time.
XXII. No Agency Relationship
Neither these Terms of Use nor your use of or access to the Site create any partnership, joint venture, employment, or other agency relationship between us. You may not enter into any contract on our behalf or bind us in any way.
XXIII. Remedies
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
XXIV. How to Contact Us
If you have any questions about these Terms, please contact us by email at: info@thelottopro
Terms of Use: Last updated December 30, 2019