June 13, 2023
Greetings and thank you for joining Top Winners SMS Club (“The Service”), which is owned and managed by Top Winners Club (“The Company”).
Top Winners Club holds the authority to modify the Terms of Use, and the latest version can be accessed via. SMS TERMS AND CONDITIONS.
By enrolling in the SMS service of the Top Winners SMS Club through our website, you are consenting to subscribe to the Top Winners SMS Club Service, accepting these Terms of Use, and receiving messages on your mobile phone. Upon registration for the Top Winners SMS Club service, you will regularly receive messages.
Fees
Participation in the Top Winners SMS Club Service by Top Winners Club is free of charge. However, please note that your wireless carrier may apply message and data rates. Kindly contact your wireless carrier to inquire about any text messaging fees that may be applicable. It is important to note that Top Winners Club will not be held responsible for any fees imposed by your wireless carrier for using The Top Winners SMS Club service.
Privacy
Top Winners Club respects and protects your privacy. We do not share any information collected. To see our SMS Privacy Policy.
Limitations on Use
You must be at least 17 years old to register for and use the Top Winners SMS Club service. If you are under 17 years old, please obtain your parents’ permission before you sign up for the Top Winners SMS Club service.
Supported Carriers
Mobile carriers are not liable for delayed or undelivered messages.
Participating carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket.
Support Issues, Canceling or Unsubscribing
You may opt out of the Top Winners SMS Club service at any time by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to {Insert Program Code}. Message and data rates may apply. You can also send an email to [email protected] with your mobile phone number as the subject line. For help or other support issues, you can also send an email to [email protected] Text HELP to {Insert Program Code} from your mobile phone or call the following toll-free phone number: 877-824-4615.
Messages are recurring based on account activity.
Ownership; Trademarks; Modifications to Offers
By using the Top Winners SMS Club services or any offers provided through them, you acknowledge and agree that Top Winners Club or its partners will possess all legal rights, ownership, and interests, including intellectual property rights, related to the Top Winners SMS Club services and the offers presented. You also agree not to modify or change any offers made through the Top Winners SMS Club service, and you will refrain from removing, concealing, or altering any proprietary rights notices (such as copyright or trademark notices) attached to the Top Winners SMS Club services or the offers provided through them. Unless expressly authorized by a partner, you further agree not to use any entity’s Trademark, service mark, trade name, or logo (“Trademarks”) in a manner that may cause confusion regarding ownership of the Trademark or that may harm the reputation associated with such Trademarks.
Termination
Top Winners Club reserves the right, at our sole discretion, to terminate your subscription at any time without notice or without future obligation.
Disclaimer of Warranties
Top Winners Club makes no warranties, express or implied, regarding the Top Winners SMS Club service. The Top Winners SMS Club service is provided “as is” and on an “as available” basis, and Top Winners Club DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Factors beyond the control of Top Winners Club including without limitation, the speed of the mobile carrier networks and the internet may affect the performance of the Top Winners SMS Club service. Top Winners Club is not responsible for any acts that are beyond the control of Top Winners Club.
Limitation of Liability
Under no circumstances will Top Winners Club, its officers, directors, employees, or agents be liable to you for any damages whatsoever with respect to your use of the Top Winners SMS Club service. Including without limitation, any direct, indirect, incidental, consequential, exemplary, or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, Top Winners Club will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and notwithstanding the foregoing, in no event will Top Winners Club be liable for any damages or liability arising under these terms of use or your use of the Top Winners SMS Club service that exceeds US $500.
Indemnity
By accepting this agreement, you consent to indemnify and absolve every Company party from any claims, demands, damages, costs, or expenses that may arise in relation to such claims or demands. This includes reasonable legal fees and expenses incurred by any other party due to or resulting from your violation of this agreement, the referenced documents it incorporates, or any laws or rights of third parties.
Governing Law; Venue
All aspects of this agreement, including its validity, interpretation, and fulfillment, shall be subject to the laws of the state of Washington. Any disputes arising from this agreement shall be exclusively heard in the state and federal courts of Washington, and you willingly accept their jurisdiction without any objections to the chosen venue.