1. GENERAL

The undersigned customer (“You”) is welcomed by Top Winners Club. By logging into our system, you agree to the Terms of Service (“TOS”) provided by Top Winners Club. These terms may be updated at Top Winners Club’s discretion, and you will be notified via email about any changes.

2. DESCRIPTION OF PRODUCTS & SERVICE

Top Winners Club offers users an innovative web-based service (the “Service”) to transmit information through SMS text messages. By using the Service, you acknowledge that it may include email communications from Top Winners Club, such as service announcements and administrative messages, which are considered part of your membership. Any new features that improve or expand the current Service will be subject to the TOS. The Service is provided “AS-IS,” and you are responsible for the necessary access and associated fees.

3. TOP WINNERS CLUB PRIVACY POLICY

To set up your account, you are required to provide certain information to Top Winners Club. Your information will not be released to anyone without your prior approval, except when required by law. As part of the service, Top Winners Club collects the phone numbers of prospective members who access information via text messages. These phone numbers will never be shared.

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

Upon completing the registration process for the Service, you will receive an account designation and a password. It is your responsibility to maintain the confidentiality of your account and password, and you are fully accountable for all activities that take place under your account or password. You agree to (a) immediately notify Top Winners Club if you become aware of any unauthorized use of your account or password or any other security breach, and (b) ensure that you log out of your account at the end of each session. Top Winners Club cannot be held liable for any loss or damage resulting from your failure to comply with these obligations.

5. MEMBER CONDUCT

By using the Service, you acknowledge, consent, and agree that Top Winners Club may access, preserve, and disclose your account information and content if required by law or if there is a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal processes; (b) enforce the Terms of Service; (c) respond to your customer service inquiries; (d) protect the rights, property, or personal safety of Top Winners Club, its users, and the public; or (e) comply with a legally issued subpoena or court order.

You understand that the technical processing and transmission of the Service may involve (a) transmissions over different networks, and (b) adjustments to conform and adapt to the technical requirements of connecting networks or devices.

Furthermore, you acknowledge that the Service and the software incorporated within it may include security components that enable the protection of digital materials. The use of these materials is subject to usage rules established by Top Winners Club. You are prohibited from attempting to override or circumvent any of the usage rules embedded in the Service. Unauthorized reproduction, publication, distribution, or public display of the materials provided on the Service, either in whole or in part, is strictly prohibited.

6. INDEMNITY

You agree to defend, indemnify, and hold Top Winners Club, its officers, agents, and employees harmless from any claim, complaint, demand, or lawsuit, including reasonable attorney’s fees, made by any party as a result of or arising from your subscription with Top Winners Club or your utilization of Top Winners Club’ services.

7. NO RESALE OF SERVICE

The Top Winners Club service cannot be transferred to others. You are not allowed to replicate, duplicate, copy, sell, trade, resell, or utilize any portion of the Service, its usage, or access to the Service for any commercial purposes.

8. MODIFICATIONS TO SERVICE

Top Winners Club retains the right to modify or terminate the Service (or any portion of it) temporarily or permanently, at any time and without prior notice.

9. TERMINATION

You acknowledge and accept that Top Winners Club has the right to terminate your Top Winners Club account and access to the Service immediately, without prior notice, in certain situations. The reasons for such termination may include, but are not limited to: (a) violations of the TOS or other agreements or guidelines incorporated therein, (b) requests from law enforcement or government agencies, (c) your own request to delete your account, (d) discontinuation or significant modification of the Service (or any part thereof), (e) unforeseen technical or security issues or problems, and/or (f) your involvement in fraudulent or illegal activities. When your Top Winners Club account is terminated, this entails (a) the deletion of your password and all associated information within your account (or any part thereof), and (b) the prohibition of any further use of the Service. Furthermore, you agree that all terminations for cause will be at the sole discretion of Top Winners Club, and Top Winners Club will not be held liable to you for any termination of your account or loss of access to the Service.

10. TOP WINNERS CLUB PROPRIETARY RIGHTS‍

You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain confidential and proprietary information that is protected by applicable intellectual property and other laws. Unless expressly authorized by Top Winners Club, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, either in whole or in part.

11. DISCLAIMER OF WARRANTIES

You explicitly understand and agree that your use of the Service is solely at your own risk. The Service is provided on an “as is” and “as available” basis. Top Winners Club expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Top Winners Club does not warrant that (i) the Service will be uninterrupted, timely, secure, or error-free, (ii) the results obtained from using the Service will be accurate or reliable, or (iii) any errors in the Software will be corrected. Any advice or information obtained from Top Winners Club or through the Service, whether oral or written, shall not create any warranty not expressly stated in the Terms of Service. Please note that a small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms, even in users with no history of seizures or epilepsy. If you or anyone in your family has an epileptic condition, consult a physician before using the Service. If you experience any of the following symptoms while using the Service—dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions—immediately discontinue use of the Service and consult your physician.

12. LIMITATION OF LIABILITY‍

You explicitly understand and agree that Top Winners Club shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to goodwill, use, data, or other intangible losses (even if Top Winners Club has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the Service; (ii) the cost of procuring substitute goods and services resulting from any goods, data, information, or services purchased, obtained, or messages received or transactions entered into through or from the Service; or (iii) any other matter relating to the Service.

13. EXCLUSIONS AND LIMITATIONS‍

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of sections may not apply to you.

14. NOTICE

Top Winners Club has the option to send You notifications, such as those concerning modifications to the Terms of Service, through email, traditional mail, or announcements on the Service.

15. TRADEMARK INFORMATION

The trademarks and service marks associated with Top Winners Club, including the Top Winners Club logo, as well as other logos, product names, and service names related to Top Winners Club, are recognized as Top Winners Club Marks. Top Winners Club authorizes you to utilize Top Winners Club marks for advertising brochures, sign riders, and other marketing initiatives.

16. GENERAL INFORMATION

Entire Agreement: The Terms of Service (TOS) comprise the complete agreement between You and Top Winners Club, governing your use of the Service. It supersedes any previous agreements between You and Top Winners Club regarding the Service.  Choice of Law and Forum: The TOS and the relationship between you and Top Winners Club will be governed by the laws of the State of Arizona, disregarding any conflict of law provisions. Both parties agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Arizona.  Waiver and Severability of Terms: The failure of Top Winners Club to exercise or enforce any right or provision stated in the TOS does not waive that right or provision. If any provision of the TOS is deemed invalid by a court of competent jurisdiction, the parties still agree that the court should try to uphold the parties’ intentions reflected in the provision. The other provisions of the TOS remain fully valid and effective.  No Right of Survivorship and Non-Transferability: Your Top Winners Club account is non-transferable, and any rights to your account or its contents will cease upon your death. Upon receiving a death certificate, your account may be terminated, and all its contents permanently deleted.  Statute of Limitations: Regardless of any contrary statute or law, any claim or cause of action arising from the use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arises, or it will be permanently barred.  Section Titles: The titles of sections in the TOS are provided for convenience purposes only and do not hold any legal or contractual significance.

17. VIOLATIONS

Please report any violations of the TOS to the Violation Team at [email protected]