Last Updated on 8/17/2011
IMPORTANT: THE FOLLOWING TERMS OF SERVICE APPLY TO YOUR USE OF THE LOW1WINS WEBSITE AND SERVICES. PLEASE READ THEM CAREFULLY, TOGETHER WITH THE LOW1WINS PRIVACY POLICY.
THESE TERMS OF SERVICE INCLUDE: (I) A WAIVER OF CLAIMS BY YOU AGAINST ANY ENTITY OTHER THAN SOLOW (SECTION 20); (II) YOUR CONSENT THAT ANY DISPUTE WILL ONLY BE RESOLVED THROUGH BINDING ARBITRATION (SECTION 22), AND (III) YOUR CONSENT THAT NO CLASS ACTIONS MAY BE BROUGHT (SECTION 22).
This website is operated by SendMe, Inc., d/b/a Low1Wins (collectively, "Low1Wins" or "we", "us", or "our"). By visiting or using the Low1Wins websites (www.Low1Wins.com) (the "Site") or registering for or using any Low1Wins products or services available on the Site or through your wireless carrier or phone (each a "Service" and collectively, the "Services"), you agree to be bound by these terms and conditions (the "Terms of Service"), the Low1Wins Privacy Policy (the "Privacy Policy") and, where applicable, the Official Rules of each individual game, sweepstakes or contest (in each case, the "Rules") whether you are a "Visitor" (which means that you simply browse the Site) or are a "Member" (an individual who is legally eligible to use the Services, and who has properly completed the registration process). The term "User" refers to a Visitor or a Member. All of the terms and conditions contained in the Rules and the Privacy Policy are deemed incorporated into these Terms of Service by this reference. In case of a conflict between the Terms of Service, Privacy Policy or any Rules, the Terms of Service shall govern.
You affirm that you are at least 13 years of age (18 years of age if a resident of Florida). Any User who is under the age of legal majority in his or her state of residence (a "minor") should get his or her parent or legal guardian's permission to use the Site. You must be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Your membership may be terminated, without warning, if we believe that you are under 13 years of age (or 18 years of age and a resident of Florida). Furthermore, you represent that you are (i) a legal U.S. resident; (ii) a registered account holder of a mobile device with SMS or a registered account holder of a residential phone line; and (iii) not barred from receiving the Services due to laws in your jurisdiction or third party contracts or obligations. Services are void where prohibited by law. Access to and use of the Site and the Services are limited to Users in the United States.
Participation in the Low1Wins Points Program is limited to Members of Low1Wins. To become a Member, Users may be asked to provide a wireless phone number and an email address. Additionally, Members may be asked to provide confirmation that they are the registered owner of the wireless phone number they provide to Low1Wins. Confirmation can occur (i) via input of a password on Low1Wins.com (password is sent to the wireless device at the request of the Member) or (ii) by providing a SMS confirmation message to Low1Wins in the form of a text message. To redeem items from the Low1Wins Points Program Members may be asked to provide additional information including first and last name, street address, city, state, and zip code. If a Member's information changes, it is the Member's responsibility to update his or her user information with Low1Wins. Members may change their personal information on the "my account" page located at www.low1wins.com/sign-up/log-in.html. Members are only allowed to obtain and/or use a single Member account (each, a "Member Account"). Additionally, Members may not use false and/or misleading information when creating and using their Member Account. For the avoidance of doubt Members must provide accurate information for their email address, physical address, mobile phone number and any other personal information entered into their Member Account. Limit one individual per Member Account. Member Accounts may not be merged.
Low1Wins will assign each Member a user name upon completion of initial registration, which will be the Member's wireless phone number. Member's may modify their user name on the "my account" page located at www.low1wins.com/sign-up/log-in.html. In addition, each Member will select a password. If a Member changes his/ her phone number, the Member may start a new Member Account with the new phone number. Unused Low1Wins Points from an old Member Account cannot be used or transferred to a new Member Account.
We may refuse to grant you a user name or password that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is already in current use, is vulgar or otherwise offensive, may cause confusion, or for any other reason as determined by us in our sole discretion. You are responsible for ensuring the confidentiality of your user name and password, and you agree not to transfer or resell your use of or access to the Site and/or Services to any third party. If you have reason to believe that your Member Account is no longer secure, you must promptly change your password by immediately emailing us at help@low1wins.com. In addition, you may change your user name and password at any time on the "my account" page located at www.low1wins.com/sign-up/log-in.html. Members are solely responsible for keeping their user name and password confidential for any and all activities, whether by you or anyone else that are conducted through your Member Account.
Any duplicate or multi-person Member Accounts are subject to cancellation, and all Low1Wins Points accumulated will be forfeited.
If you register for a Service, you agree (i) to provide and keep the information you provide to us as part of your registration ("Account Data") correct, complete and current while you are a Member of the Site; and (ii) to not assign your Member Account, or rights associated with your Member Account, to another person or entity. Low1Wins, in its sole discretion, shall determine what means of identification shall be appropriate for your use of the Services, and Low1Wins may choose to limit your Account Data to a mobile telephone number. As a result of your registration, and based on the Account Data you provide, Low1Wins may establish a Member Account.
If Low1Wins believes in its sole discretion that your Account Data is untrue, inaccurate, misleading or incomplete, Low1Wins reserves the right to suspend or terminate any Service then being provided to you, as well as your Member Account. Low1Wins may also in its sole discretion refuse to provide you with any future use of the Services (or any portion thereof). You acknowledge and agree that Low1Wins may rely on the Account Data to send you information and notices regarding your Member Account and the Services, as further set forth in the Privacy Policy. Low1Wins shall have no liability associated with or arising from your failure to maintain accurate Account Data, including, but not limited to, your failure to receive critical information about the Service or your Member Account. Neither Low1Wins nor any of its third party service providers shall be responsible for verifying your Account Data. Low1Wins may, at any time and at its sole discretion, request a Member to provide proof of identity and verify the accuracy of his/her Account Data.
Low1Wins, at its sole discretion, may terminate or suspend any Member's membership or access to the Services and the Site for any or no reason. Low1Wins may, at its sole discretion, remove and terminate any Member Account that has not been active for at least six (6) months. If your membership is terminated it will result in cancellation of all rights of access to and use of the Sites and Services, including loss of all accumulated Low1Wins Points. In the case of suspected fraud, misuse, or violation of these Terms of Service, or the purpose of these Terms of Service, Low1Wins will be the sole arbiter of whether any fraud, misuse or violation occurred. Any decision Low1Wins makes relating to termination or suspension of any Member Account shall be binding and irrevocable.
Members may terminate their membership at any time by sending Low1Wins either (i) an SMS message containing only the word "STOP" to 23687; or (ii) an e-mail from the e-mail address registered to his or her Member Account with "STOP" in the subject line and the phone number and carrier in question to help@low1wins.com.
All covenants, agreements, representations and warranties made by you in these Terms of Service, the Privacy Policy or any applicable Rules shall survive any termination of your Member Account and/or use of the Site and/or Services.
Low1Wins Points are awarded when a Member completes certain activities, either on the Low1Wins.com website or via his/her registered mobile device. Low1Wins is under no obligation to provide opportunities to earn Low1Wins Points. The number and type of opportunities made available to earn Low1Wins Points is at Low1Wins’s sole discretion. You acknowledge that you are solely responsible for the equipment and Internet or cell phone access required to connect to the Site and the Low1Wins Points Program.
Low1Wins Points may be redeemed for certain goods or services ("Low1Wins Points Rewards") listed in the Low1Wins Points Swap Shop located at http://www.Low1Wins.com/store/index.html. You must have sufficient Low1Wins Points at the time you redeem them for a particular item ("Low1Wins Points Swap Shop Item"). All redemptions of Low1Wins Points are final. Low1Wins reserves the right to revise, at any time, the amount of Low1Wins Points required to obtain any Low1Wins Points Swap Shop Item. Low1Wins may modify at any time and without notice the nature, type, amount and value of Low1Wins Points Rewards available. Low1Wins Points Swap Shop Items are limited and are available only while supplies last. Low1Wins Points Swap Shop Items may not be exchanged or returned for cash or credit. Members may be required to pay all shipping and handling charges associated with Low1Wins Points Swap Shop Items. Once a Member redeems Low1Wins Points, the number of Low1Wins Points redeemed will be deducted from the Member Account.
Low1Wins Points are non-tradable and non-transferable, and have no monetary value. Accumulated but unused Low1Wins Points will expire and be removed from a Member Account if the Member ceases to be an Active Member. "Active Member" of a Service means a Member who has logged into the applicable Service at least once and submitted at least one bid in connection with an ongoing event on such Service during the 30 consecutive calendar days from the date on which such Member BOTH logged into such Service AND submitted his/her last bid. In addition, to be an Active Member, a Member must submit at least one bid within 30 days after his/her initial registration for such Service. In other words, to remain an Active Member, a Member must both log in to the applicable Service (including for the first time after registration) and submit a bid at least one time during each 30 day period. Low1Wins shall determine when a Member is no longer an Active Member in its sole discretion, and such determination is final and binding. Any determination that you are not an Active Member will not affect your overall status as a Member, subject to the other terms and conditions of these Terms of Service. Low1Wins has the right to set the terms and conditions for, modify and/or eliminate the right to receive, use and/or redeem Low1Wins Points as it may determine in its sole discretion. Neither Low1Wins nor any Affiliate (as defined below) will have any liability to you in connection with any changes or the exercise of such rights, and you will not be entitled to any compensation therefore.
Low1Wins may revalue, modify, or cease indefinitely, without accountability or prior notice, all or part of the Low1Wins Points Program. Low1Wins has the right in its sole discretion to cancel a Member's Low1Wins Points. In the event of a dispute involving Low1Wins Points, Low1Wins will be solely responsible for deciding the outcome of such dispute and Members are bound by Low1Wins's decision.
Low1Wins has the right to interrupt, modify, suspend, discontinue or permanently cancel the Site or the Services, or portions thereof, at any time without notice, including, without limitation, on occurrence of events beyond Low1Wins's control, such as computer equipment or electronic transmission failure, strikes, riots, civil turmoil, acts of nature, acts of terrorism, acts of war, equipment theft or failure, or data transmission delay or failure. If the Service, or any part thereof, for which you are registered, is permanently discontinued or canceled by Low1Wins, Low1Wins will cancel your registration and reimburse any pre-paid but unused fees, if any, related to such canceled Service. Except as set forth in Section 6, the foregoing is your sole remedy, and Low1Wins will have no liability, with respect to any changes to the Site and/or Services. Low1Wins reserves the right to limit a Member or other User's interaction with the Services in its sole discretion.
Low1Wins reserves the right at any time and from time to time to amend, supplement or modify the terms of this Terms of Service. We will post or display notices of material changes on the Website and those changes will become effective ten (10) days after the date of posting. Your continued use of the Website and/or Service, including continued participation in the Low1Wins Points Program after the changes become effective, signifies your agreement to be bound by such modified Terms of Service.
Subject to the terms of these Terms of Service, the Privacy Policy, any applicable Rules, you acknowledge and agree that the Site and Services are for your personal use. You shall not transmit, broadcast, upload to any computer or mobile device (other than the mobile device designated at the time of your registration), create derivative works of, or make commercial use of the Site or Services in any manner. You shall not attempt to or otherwise authorize, encourage or support others' attempts to, circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Site or Services in any manner. You may only use those portions of the Site made available to you. You are forbidden to access or attempt to access other Member Accounts or to otherwise attempt to violate the security or systems of the Site.
You agree not to engage in unsportsmanlike conduct or otherwise abuse the Services by conduct that is or may be detrimental to the interests of Low1Wins or other Users. Any User suspected of engaging in any fraudulent, abusive, manipulative or illegal activity or by participating in, or benefiting from, a syndicate, group or block guessing process may have his/her Member Account terminated and all Low1Wins Points cancelled in Low1Wins 's sole discretion, and the User may be referred to appropriate law enforcement agencies. Low1Wins reserves the right, but not the obligation, to monitor your access to and use of the Site and the Services. You shall not, among other things: (a) use automated or cooperative means to acquire Low1Wins Points, including but not limited to the use of automated "bots", software programs or collusive play involving other Users or software programs; (b) exploit or thwart the Services or any affiliated program in any way; (c) present inaccurate or fraudulent information; (d) acquire or use Low1Wins Points in violation of these Terms of Service or that were improperly credited to a Member Account; or (e) abet another individual or party in any of the foregoing or in conducting damaging, deceitful, fraudulent, or unlawful activity.
From time to time, based on the sole discretion of Low1Wins, you may be charged fees and other charges (the "Fees") for the use of certain Services for which you are registered or through your phone or Member Account. Such Fees, if any, will be disclosed on the Site or disclosed to you prior to your use of a particular Service, and your use of the Service shall constitute your agreement to pay all applicable Fees. You should read the Rules for any game or Service in which you participate. You shall be responsible for any Fees that result from use of the Service from your phone or through your Member Account, whether or not made by you. Information on Fees is available at www.Low1Wins .com. Unless otherwise indicated, the Fees will be invoiced on your mobile carrier's bill and you agree to pay your carrier all applicable Fees. The Fees shall be due immediately and are non-refundable except as permitted during the Refund Period (as described below in this Section), unless otherwise indicated to you in writing by Low1Wins. All Fees are subject to change, and Low1Wins will provide notice of such change in Fees on the Site or to you prior to the new Fees taking effect. Upon receipt of Low1Wins's notice of a change in Fees, you may immediately cancel your Member Account. Continuation of a Service after notice of a change in Fees will constitute your agreement to the new Fees.
All taxes relating to Low1Wins Points or the Services are the sole responsibility of Users. You are strongly encouraged to consult your own tax advisor prior to participating in any Services. Low1Wins will not provide any advice concerning tax liability.
90 Day Money Back Guarantee. If you purchase a Service and are not satisfied with such Service for any reason during the first 90 (ninety) days after commencement of the Service ("Refund Period"), you may notify us in any of the following ways to terminate the Service and request a full refund of the Fees that you have paid for such Service: by telephone at 888-225-9698, or by email to help@low1wins.com which email must include the subject line “Refund Request”. Refunds will be issued via check and sent to a mailing address you designate upon requesting your refund. Termination and refund as set forth in this Section are your sole and exclusive remedies in the event that you are not satisfied with a Service. Once the Refund Period has ended all Fees (including those Fees paid for the Refund Period) are non-refundable for any reason, including but not limited to technical issues or interruptions with the Service.
The content included on the Site and Services, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Low1Wins, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content is provided to you AS IS, for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Low1Wins reserves all rights not expressly granted in and to the Site, the Services and Content. You agree not to engage in the use, copying, or distribution of any Content other than expressly permitted herein. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site and/or Services, or with features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site or the Content therein.
Low1Wins may use Short Messaging Service ("SMS" or "text messages"), phone calls, instant messages or e-mail to contact you in connection with various aspects of the Services and the Low1Wins Points Program. Standard text messaging rates and terms and conditions of your wireless service provider will apply. SMS Services may not be available from all wireless service providers or for all mobile handsets. You should check with your wireless carrier about your individual service plan. You are solely responsible for all SMS (text messaging) charges and other fees charged by your wireless carrier. By opting-in to receive text messages, you agree to receive text messages from Low1Wins and its partners. You may opt-out of receiving these text messages at any time by texting "STOP" to 23687. By accessing and using the Site or registering for or using a Service, you consent to receive communications from Low1Wins electronically including by e-mail, text messaging, SMS, MMS, WAP and other means of mobile content delivery, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Low1Wins sends to you electronically satisfy any legal requirement that such communications be in writing.
Any sweepstakes, contests or games made available through the Site will be also be governed by its specific Rules that are separate from, and may vary from, these Terms of Service. By participating in any such sweepstakes, contest or game, you will become subject to those applicable Rules. In the event of any conflict between the applicable Rules and these Terms of Service, the Terms of Service will govern.
There may be links provided on the Site to other websites belonging to Low1Wins's advertisers, business partners, affiliates and other third parties. Third parties, in some cases, may also link to the Site. Such links do not constitute an endorsement by Low1Wins of those websites, nor the products or services made available on those websites. Low1Wins is not responsible for the activities or policies of those websites. Low1Wins may also make available products and services of such advertisers, business partners, affiliates and other third parties directly on the Site. You acknowledge and agree that Low1Wins shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such advertisers, business partners, affiliates and other third parties or for any content or information presented in connection with any products or services of advertisers, business partners, affiliates and other third parties.
You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site and/or the Services. You must provide all equipment and software necessary to connect to the Service, and are responsible to ensure that the foregoing do not disturb or interfere with Low1Wins's operations, the Site or the Service. If any upgrade in or to the Site or the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by Low1Wins, any new or additional features of the Site or Service, including the release of new products and Services, shall be subject to these Terms of Service.
You agree that you shall defend, indemnify and hold harmless Low1Wins and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates (collectively, "Affiliates") and other Users of the Site or Service from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys' fees and costs, arising out of or related to: (i) any breach or violation by you of any User of your Member Account of these Terms of Service, the Privacy Policy, any applicable Rules, or applicable law; (ii) your failure to provide accurate, complete, non-misleading and current Account Data; (iii) your access or use of the Site or Service; (iv) any third party's access or use of the Site or a Service under your Member Account (user name and password); and (v) your use of any prize or Low1Wins Points Swap Shop Item.
YOUR USE OF THE SITE AND SERVICES, IS SOLELY AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND BY LOW1WINS OR ITS AFFILIATES. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, EACH OF LOW1WINS AND ITS AFFILIATES, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. THERE IS NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. NEITHER LOW1WINS NOR ITS AFFILIATES, WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU AGREE THAT YOU WILL NOT HOLD LOW1WINS AND/OR ITS AFFILIATES RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING OR USING THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS SAME. YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO LOW1WINS AND/OR ITS AFFILIATES, . WITHOUT LIMITING THE FOREGOING, NEITHER LOW1WINS NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, COMPLETENESS, QUALITY OR MISDELIVERY OF THE SITE OR INFORMATION TRANSMITTED VIA THE SERVICES, NOR THE SAFETY, SECURITY, RELIABILITY, TITLE, TIMELINESS, MERCHANTABILITY, CONFORMITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THE SITE OR SERVICES, INFORMATION TRANSMITTED VIA THE SERVICES OR THE SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS, COMPLETENESS SAFETY, SECURITY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LOW1WINS NOR ITS AFFILIATES MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SITE OR SERVICES ARE FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK.
LOW1WINS USES REASONABLE EFFORTS TO ENSURE THAT INFORMATION ABOUT PRODUCTS, SERVICES AND/OR ACTIVITIES ON THE SITE AND SERVICES (INCLUDING PRIZES AND LOW1WINS POINTS SWAP SHOP ITEMS) ARE CORRECT. HOWEVER, LOW1WINS CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION AND WILL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS OR OTHER DEFICIENCIES. PRIZES OR LOW1WINS POINTS SWAP SHOP ITEMS MAY NOT BE IDENTICAL TO THE ACTUAL AWARDS DELIVERED TO THE USER DUE TO MARKET CHANGES BEYOND THE CONTROL OF LOW1WINS, INCLUDING BUT NOT LIMITED TO, DISCONTINUATION OF AN ITEM, CHANGES IN FEATURES, COLOR OR AVAILABILITY OF AN ITEM OR OTHER PRODUCT LIFECYCLE EVENTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTIES TO BE DISCLAIMED, THE ABOVE DISCLAIMER MAY NOT APPLY IN FULL TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, LOW1WINS AND/OR ITS AFFILIATES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMER AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
IN NO EVENT SHALL LOW1WINS AND/OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION OR OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOSS OF PROFIT, GOODWILL, REVENUE OR BUSINESS, PROCUREMENT COSTS AND THE LIKE) ARISING OUT OF OR IN CONNECTION WITH THE SITE AND/OR SERVICES, OR ANY PERSON’S USE OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; EVEN IF LOW1WINS AND/OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL CUMULATIVE LIABILITY OF LOW1WINS AND ITS AFFILIATES TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED THE GREATER OF $100 OR THE FEES YOU PAID TO LOW1WINS (AND/OR ITS AFFILIATES) PURSUANT TO THIS AGREEMENT OVER THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO SUCH LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, PORTIONS OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, LOW1WINS AND/OR ITS AFFILIATES, SHALL BE ENTITLED TO THE MAXIMUM LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
Without limiting the foregoing, neither Low1Wins nor its Affiliates is responsible for any damage to any User's equipment, computer, software, phone or wireless device due to using the Service or downloading of any software or information necessary to use the Service. There is no stated or assumed guaranteed service level for the Site and/or Services, and they may be interrupted and may not always be free of errors. Under no circumstances will Low1Wins or its Affiliates be responsible for errors in transmission, lost or unavailable network connections, telephone connections, wireless phone connections, website, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions in connection with the Site or Services. Low1Wins will not be responsible for any losses or damages incurred due to unauthorized appropriation of information, encrypted or otherwise, transmitted to or from Low1Wins.
Low1Wins shall not be responsible or accountable for any agreements between a User and any of the companies that provide Low1Wins Points Swap Shop Items in connection with the Low1Wins Points Program, or a User's election in third-party promotions or other activities (such as election of a warranty etc.).
The parties expressly acknowledge and agree that Low1Wins has set its prices and entered into these Terms of Service in reliance upon the limitations of liability specified herein, which allocate the risk and form a basis of the bargain between the parties.
You agree that any unauthorized use of the Site or Services would result in irreparable injury to Low1Wins and/or its Affiliates for which money damages would be inadequate, and in such event Low1Wins and/or its Affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this paragraph or elsewhere in this Terms of Service shall be construed to limit the remedies or relief available pursuant to statutory or other claims that Low1Wins or its Affiliates may have under separate legal authority, including but not limited to any claim for intellectual property infringement. The remedies of Low1Wins and/or the Affiliates under this Terms of Service shall be cumulative.
You expressly acknowledge and agree that any claim by you arising under or affecting these Terms of Service, whether based on contract, tort or other legal basis, will be brought only against Low1Wins and not any third party (including but not limited to any carriers or aggregators) and you waive, and do hereby waive any right you may have to bring such a claim.
These Terms of Service, Privacy Policy, and any Rules will be interpreted and construed in accordance with the laws of the State of California without reference to its rules of conflicts of law.
You and Low1Wins agree that any dispute, claim or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction with respect to any Dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights. You acknowledge and agree that you and Low1Wins are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Low1Wins otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/si.asp?id=3477 and a separate form for California residents at www.adr.org/si.asp?id=3485.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Low1Wins otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Low1Wins submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Low1Wins will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Low1Wins will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Changes to this Terms of Service" section above, if Low1Wins changes this "Dispute Resolution" section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice (including by email to legal@low1wins.com) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Low1Wins' email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Low1Wins in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
If any part of these Terms of Service, the Privacy Policy or any applicable Rules are deemed by a court of competent jurisdiction to be unlawful, void or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Except as expressly set forth herein, this Terms of Service does not confer any rights or remedies upon any person other than the parties to this Terms of Service and the Affiliates. Your rights under this Terms of Service are not assignable or transferable. You agree not to resell or transfer your right to access or use the Site and/or Services or any portion thereof.
The headings contained in these Terms of Service, the Privacy Policy and/or any applicable Rules are for convenience of reference only, are not to be considered a part of these Terms of Service, the Privacy Policy or any applicable Rules, and shall not limit or otherwise affect in any way the meaning or interpretation of these Terms of Service, the Privacy Policy or any applicable Rules.
The failure of a party, at any time or from time to time, to require performance of any obligations of the other party under this Terms of Service shall not affect its right to enforce any provision of this Terms of Service at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach. No waiver of any provision of this Terms of Service shall be effective unless it is in writing and signed by an authorized representative of Low1Wins.
If you have questions, comments, concerns or feedback regarding these Terms of Service, the Privacy Policy or any applicable Rules or the Site or any Service, please contact us via any of the methods set forth below:
1. Via e-mail: legal@low1wins.com
2. Via mail: SendMe Inc., Attn: Low1Wins Customer Service - 150 Spear Street, 14th Floor, San Francisco, CA 94105
Low1Wins shall have no obligation of any kind with respect to such questions, comments, concerns or feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the questions, comments, concerns or feedback to others without limitation. Further, Low1Wins shall be free to use any ideas, concepts, know-how or techniques contained in such questions, comments, concerns or feedback for any purpose whatsoever, including but not limited to developing and marketing Services incorporating such questions, comments, concerns or feedback.
The Terms of Service, and all terms or documents referred to herein, including without limitation, the Privacy Policy and any applicable Rules, each as amended from time to time, represent your entire agreement with Low1Wins regarding your use of the Site and Services, and supersede all other previous agreements regarding the same.
SendMe, Inc, a Delaware corporation, d/b/a "Low1Wins", 150 Spear Street, 14th Floor, San Francisco, CA 94105. Telephone: 888-225-9698
© 2012 SendMe, Inc. ALL RIGHTS RESERVED.
All eligible subscribers to the Low1Wins Players Club service receive 100 points in addition to 20 guesses per game per day on all Low1Wins Games, including premium games, for $9.99/month. To stop receiving the security code confirmation text messages or to cancel a service at any time, text "STOP" to 40339. Players Club subscription and other premium game charges are applied to your cell phone bill or prepaid balance. NO PURCHASE OR SMS MESSAGE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. Please see the Official Rules to play without purchase or SMS message. Users must be 18 years or older or have permission from a parent or guardian to participate. The promotion is only open to legal U.S. residents who are 13 years or older. Minors must get parent or legal guardian's permission to enter. Void in Puerto Rico and where prohibited by law. Premium games are void in and to residents of Georgia. You must be 18 or older to participate in Florida. To participate, you must be the named account holder of a mobile device with wireless Short Message Service (SMS) or have access to a residential phone line. See individual prize rules for additional eligibility restrictions, prize descriptions/restrictions, ARVs, alternative means of entry, and complete details. Subscriptions automatically renew unless cancelled. Low1Wins service is available for AT&T, Alltel, Allied Wireless, Sprint and Verizon Wireless. List of participating wireless carriers is subject to change at any time. Message and data rates may apply. Text "HELP" to 40339 at any time for more information about how to play. You can also contact Low1Wins customer service at help@low1wins.com or by calling 1-888-225-9698. #137