By subscribing to ScratchSmarter – such as by completing and submitting an order for our reports-you are accepting the following terms:
Your Subscriber Password
ScratchSmarter subscriber’s user names and passwords are not transferable. They should be safeguarded and must not be divulged to others.
Copyrights
All ScratchSmarter materials, including but not limited to the Best Games to Play Report, the email newsletter, reports delivered through the US Postal service, the Affiliate Retailer Inventory Order Report and the ScratchSmarter Top 10 Secrets are copyrighted, as outlined in our Terms of Use. Re-distribution of any of the Copyrighted material-such as by automated email forwarding systems-is not permitted and is in violation of the terms of ScratchSmarter subscription.
Pending Patents
ScratchSmarter, LLC holds a provisional patent with the US Trademark and Patent office for it’s unique algorithm, which compiles, simplifies and ranks all instant game lottery data based on the most recent lottery data available. Re-Use of this algorithm by any third party requires written permission by the officers of ScratchSmarter, LLC. Use of this algorithm without prior written consent will be prosecuted to the fullest extent of the law.
Subscription Fees
You agree to pay all fees and charges associated with the subscription that you purchases. All subscription payments are non-refundable. You will be notified when your subscription is due for renewal. Customers with Credit Cards on file or PayPal recurring billing activated will have their subscriptions automatically renew.
No Refunds
REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION OR SUBSCRIPTION RENEWAL. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED AT ANY POINT DURING THE SUBSCRIPTION PERIOD. In such circumstance, you will continue to have access to your Subscription until the end of the subscription term length (the end date of the subscription).
Cancellation
You may cancel at any time.
“Unsubscribing” from email distribution will not constitute a cancellation of your subscription.
TO CANCEL IMMEDIATELY:
Simply email Info@ScratchSmarter.com with your email address or username you used when you signed up, in the subject line, please write: ‘Cancel my subscription’. We will immediately cancel your subscription and remove your access to our reports and emails.
TO CANCEL AT ANY TIME DURING YOUR SUBSCRIPTION:
Subscribers who do not wish to auto-renew their subscription must log into their members’ area, choose “Subscriptions” on the menu links, click on their subscription number, then choose the CANCEL button BEFORE the next billing renewal process. The status of your subscription will change to “Pending Cancellation”. Membership access and emailed reports will continue until the end of your subscription period. Once the subscription period ends, access to the membership area will be removed and reports will no longer be emailed.
Acceptance of Terms
By using ScratchSmarter.com (“Service”), you agree to be bound by the terms of this User Agreement between yourself and ScratchSmarter, LLC (“We”), who is the publisher and owner of ScratchSmarter.com. We reserve the right to change the terms of this Agreement or to modify any features of this Service at any time. The provisions of this Agreement apply to both the free access and to the paid subscription features of the Service.
Some features of the Service may be subject to additional posted conditions. Your use of the Service is subject to those conditions, which are incorporated into these Terms by reference.
Copyrights
This Service (including, but not limited to text, software, photographs, videos, reports and graphic content) is protected by copyright under international copyright laws.
We source our raw data directly from the state lotteries websites, but we own the copyright in the selection, coordination, arrangement and enhancement of such content.
You may download material from this Service for your own personal use as follows: you may make machine readable and/or print copies that are limited to personal use only. Without limiting the generality of the foregoing, without our permission you may not copy, reproduce, distribute, publish, display, modify, create derivative works, or in any way exploit any part of this Service. You may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
In the event of any permitted copying, redistribution or publication of material from this Service, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. Except as provided in this Agreement, the use or misuse of any content from this Service is strictly prohibited.
Just as we require Users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, please notify us.
ScratchSmarter’s report content is acquired directly from the Lottery Corporation’s websites. Any misrepresentation or Trademark infringement is the result of inaccurate reporting by the Lottery Corporation. Any updates made by the Lottery Corporation to their website will be reflected in our reports as well.
Disclaimer
This Service is available “as is”. We make no warranties or representations that this Service will be accurate, comprehensive, uninterrupted or error-free. There may be omissions, inaccuracies, or delays in any information or materials available through this Service. We are not responsible for the content of other services that may provide links to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Service or any information or goods that are available or advertised or sold through this Service. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of computer viruses, worms, “Trojan horses” or other destructive materials to this Service, we do not guarantee or warrant that this Service or materials that may be downloaded from this Service do not contain such destructive features. We are not liable for any damages or harm attributable to such features.
Limitation of Liability
ScratchSmarter, LLC, its officers, directors, shareholders, affiliates, or agents are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of this Service.
Your Conduct On Our Site
Certain interactive features of this Service may allow you to post content. By posting content on the Service, you give us the right to display such content on ScratchSmarter.com and in other publications and to use such content for promotional and marketing purposes. Furthermore, you agree not to post or transmit any unlawful, competitive, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violate any law.
Privacy
We protect your privacy, as explained in our Privacy Policy. You agree to the use of your personal data we obtain through your interaction with this Service in accordance with our privacy policies.
Indemnity
You will be responsible for any and all liability resulting from the publication of material you post on ScratchSmarter.com or the use of such material by any person (including liability resulting from computer viruses or other contaminating or destructive feature of the data). You agree to indemnify and hold harmless us, our directors, officers, shareholders, affiliates, and agents from any claim or demand made by any third party arising out of the content you post, submit, or otherwise make available through the Service, your use of the Service, your violation of the terms of this Agreement, or your violation of any rights of another.
Governing Law
The terms of this Agreement shall be governed by the laws of the United States of America and the state of Nevada.