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SMS Terms of Service
Updated October 20, 2023.
LotMonkey, Inc. owns and operates the “LotMonkey” service (the “Service”) for text messaging between shoppers and businesses. As a shopper, by texting a keyword to shortcode 48005 you understand that you are opting in to receive a one-time text message from LotMonkey in response to the sent keyword.
As a business subscribing to our "LotMonkey MobiLeads" service, you may opt in to receive notifications for activity in you account by texting 'LOTMONKEY' to 48005 and confirming your opt-in. These messages will be at varying frequency and intervals based on your account activity.
You may end communication at any time by texting STOP. We will send you an SMS message to confirm that you have been unsubscribed from LotMonkey MobiLeads. After this, you will no longer receive SMS messages from us. If you want to join again, you will need to text 'LOTMONKEY' to 48005. You understand that consent to text or call is not required for the purchase of a product or service. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@LotMonkey.com.
Message and data rates may apply.
Carriers are not liable for delayed or undelivered messages.
For all questions about the services, please email support@LotMonkey.com. If you have questions regarding privacy, please see our PRIVACY STATEMENT. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons/purposes.
These Terms of Use set forth the legally binding provisions relating to Your use of the Service.
​These Terms of Use are referred to herein as the “Agreement”. The term the “Company” shall refer to LotMonkey, Inc. The Company may change this Agreement from time to time at its sole discretion. If such changes are made, the Company will make an updated copy of the Agreement available on this Terms of Use page. The Company may require You to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. Otherwise, Your continued use of any portion of the Service constitutes Your acceptance of the changes. Your use of the Service is subject to the most current version of the Agreement posted on or through the Service or at the Company’s website at the time of such use. Please regularly check back at this page to view the then-current Agreement.
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​Unless further definition is provided in a specific provision, “you” applies here to a user who is a Business Client of LotMonkey or to a user who is a Shopper. A Business Client is a person or company who subscribes to the Service to use the Service. A Shopper is a person who texts a keyword into the short code.​
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1. Acceptance of the Agreement; Eligibility; Registration.
​a. As a Business Client, by executing a Service Agreement, or as a Shopper, by using the Service, You agree to and are bound by the Agreement. Should you object to any term or condition of the Agreement, do not access or use the Service.
​b. In order to use the Service as a Business Client, You may be required to first pay a fee and execute a Service Agreement to initiate Your Account, as defined in Section 2 of this Agreement.​
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c. Download, use of, and registration for, the Service is void where prohibited. By using the Service in any way, You represent and warrant that:
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​(i) You are at least 18 years of age, and able to form legally binding contracts under applicable law;
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(ii) all personal identifying information You submit is true, current, accurate, and complete, and that You will update Your information promptly if any of that information changes during the duration of Your use of the Service; and
(iii) Your use of the Service does not violate any law or regulation.
​​2. Your Service Account
​Only You may use Your Service Account (or “Account”). You must keep Your Accounts and passwords confidential and not authorize any third party to access or use the Service on Your behalf, unless the Company provides an approved mechanism for that. You agree to contact the Company immediately if You suspect misuse of Your Accounts or any security breach in the Service.
​3. Privacy.
​​Any personally identifying information submitted through the Service is subject to the Company’s Notice of Privacy Practices located at LotMonkey.com/sms-privacy terms of which are Incorporated herein by reference. Please review the Notice of Privacy practices to understand the Company’s privacy practices. The date of any updates to the Notice of Privacy Practices will be noted at the top of the webpage containing the Notice of Privacy Practices.
​4. Supported Carriers
​​The following list of carriers is supported by the Service: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). T-Mobile is not liable for delayed or undelivered messages. This list is non-exhaustive; other carriers may be supported as well.
​5. User Content
​​​a. “User Content” means text, materials, data, videos, audio files, information, or other content that a User uploads, posts, emails, transmits in an text conversation, or in its user account, or otherwise Makes Available (see definition in section 5b of this Agreement) through the Service.
b. The Company does not claim ownership of User Content. However, the following exceptions apply.
(i) As an Business Client,
​You grant the Company a worldwide, royalty-free, nonexclusive, transferable, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate Your User Content, which you post or include in your User Account, solely for the purposes of enabling Your use of the Service, facilitating the Company’s management of the Service, and to comply with applicable law, regulations, guidelines, and court or administrative orders. You may revoke this license and terminate the Company’s rights at any time by removing Your User Content from the Service; provided that You agree that the Company may retain and use copies of Your User Content for archival purposes and pursuant to Section 8 (Investigations), below.
​You grant the Company a worldwide, royalty-free, nonexclusive, transferable, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate Your User Content, which you Make Available in a text conversation, solely for the purposes of enabling Your use of the Service, facilitating the Company’s management of the Service, and to comply with applicable law, regulations, guidelines, and court or administrative orders. You agree that the Company may retain and use copies of Your User Content for archival purposes and pursuant to Section 8 (Investigations), below.
​(ii) As a Shopper,
You grant the Company a worldwide, royalty-free, nonexclusive, transferable, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate Your User Content, which you Make Available in a text conversation, solely for the purposes of enabling Your use of the Service, facilitating the Company’s management of the Service, and to comply with applicable law, regulations, guidelines, and court or administrative orders. You agree that the Company may retain and use copies of Your User Content for archival purposes and pursuant to Section 8 (Investigations), below.
​Note that the Service does not record voice calls made through phone numbers, or online, provided by the Service to enable text messaging between Shoppers and Business Clients. Accordingly, any information or User Content provided through such a voice call is not recorded by the Company. You grant a worldwide, royalty-free, nonexclusive, transferable, and fully sublicensable license to the User Content you provide in such a voice call for the purpose of facilitating the voice conversation.
c. You agree that as between You and the Company, You, not the Company, are entirely responsible for all of Your User Content that You distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Service, via an text conversation, or in Your User Account (collectively “Make Available”). You assume all risks associated with use of Your User Content, Including any reliance on its accuracy, completeness or usefulness.
​d. The Company does not guarantee the accuracy, integrity or quality of the User Content in or through the Service. You understand that by using the Service, You may be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances is the Company liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content made available in or through the Service.
e. You represent and warrant that:
​(i) You own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your User Content;
​(ii) You have the rights necessary to grant the license and sublicenses described in the Agreement; and
​(iii) You have received consent from any and all persons depicted in Your User Content to use Your User Content as set forth in the Agreement, Including distribution, public display, public performance and reproduction of Your User Content.
​f. The Company does not control, verify, or endorse Your User Content or third party web sites to which You send or receive links through the Service, or Content or links that others transmit on or through the Service.
g. You are responsible for backing up the data that You store on or through the Service. Unless expressly agreed to by the Company in writing elsewhere, the Company has no obligation to store any User Content. The Company has no responsibility or liability for the deletion or accuracy of Your User Content, the failure to store, transmit or receive transmission of User Content, or the security, privacy, storage or transmission of other communications originating with or involving use of the Service. Certain features of the Service may enable You to specify the level at which such features restrict access to Your User Content. You are solely responsible for applying the appropriate level of access to Your User Content. If You do not choose, the system may default to its most permissive setting. You agree that the Company retains the right to create reasonable limits on the use of the Service, Including Your User Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Service and as otherwise determined by the Company in its sole discretion. The Company may remove Your User Content from the Service at any time if You breach this Agreement or if the Company cancels or suspends the Service or any service or feature accessible therefrom.
​6. Use of the Service.
​​a. You agree to use the Service only for purposes that are permitted by the Agreement and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) (collectively “Law”).
​b. You agree not to access or attempt to access the Service by any means other than the interface provided by the Company or circumvent any access or use restrictions put into place to prevent certain uses of the Service.
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c. You agree to abide by all applicable local, state, national, and international laws and regulations. By way of example, and not as a limitation, You agree to refrain from uploading, publishing, transmitting, emailing, storing, posting, disseminating, distributing, or otherwise making available User Content that:
(i) is patently offensive, defamatory, obscene, illegal, pornographic, profane, inflammatory, intimidating, harassing, vulgar, fraudulent, infringing, inappropriate, false, misleading, libelous, or promotes illegal activities;
(ii) could harm, disable, overburden, or impair the Service;
(iii) infringes a third party’s patent, trademark, copyright, trade secret, contract, privacy, publicity, or other proprietary rights; and
(iv) contains software viruses, or similar programs or code, which cause loss of data or malfunctioning of computer software, hardware, or telecommunications equipment.
d. You still further agree not to use the Service in any manner prohibited by the Company. The following activities are examples of the kind of activities You are prohibited from conducting using the Service. They are exemplary, and in no way meant to limit the definition of prohibited activities. You are prohibited from:
(i) Harvesting or collecting email addresses, phone numbers, or other personal identification information of Users to send text communication, emails, or other communications, which were not previously consented to;
(ii) Using automated scripts to interact with the Service, harvest information from the Service, or the like;
(iii) Impersonating any person or entity, or providing false or fraudulent information about Yourself, Your age, or Your affiliation with any person or entity;
(iv) Knowingly soliciting personally-identifying information or other identifying information from anyone under the age of 18;
(v) Using the Service to conduct, encourage, attempt, or assist another in conducting tortuous, criminal, or otherwise unlawful activities;
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(vi) Attempting to gain unauthorized access to the Service, other accounts, and/or computer systems and networks of the Company, its affiliates, agents, or partners, Including, without limitation by circumventing, modifying, attempting to circumvent or modify, interfere with any security technology or software;
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(vii) Using the account, username, or password of another User at any time, disclosing Your password to any third party, or permitting any third party to access Your account;
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(vii) Selling or transferring Your Account in any way;
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(viii) Sending automated voice calls (or robocalls) to any phone number provided via the Service;
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(ix) Using the Service to collect, store, process or transmit any Sensitive Personal Information, including:
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​Credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards ("PCI DSS");
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Patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act ("HIPAA"); or
Any other personal data of an EU citizen deemed to be in a "special category" (as identified in EU General Data Protection Regulation or any successor directive or regulation).
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You acknowledge that the Company is not a “Business Associate” or subcontractor (as those terms are defined in HIPAA) or a payment card processor and that the Services are neither HIPAA nor PCI DSS compliant. The Company is not responsible under this Agreement for Sensitive Personal Information, notwithstanding anything to the contrary herein; and
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(x) Using the Service to engage in any unsolicited advertising, marketing, or other activities, including without limitation any activities that violate the Telephone Consumer Protection Act (“TCPA”), the FTC Act, the Telemarketing Sales Rule and Do Not Call List, Children’s Online Privacy Protections Act (COPPA), and CAN-SPAM in the United States; and the Data Protection Act and Privacy and Electronic Communications Regulations (UK and EU).
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7. Use of Software.
​a. If You receive Software from the Company as part of the Service, its use is governed in one of two ways: If You’re presented with license terms that You must accept in order to use the Software, those terms apply; if no license is presented to You, this Agreement applies. The Company reserves all other rights to the Software.
b. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between this Agreement and the license agreement provided with such Software, the license agreement shall take precedence in relation to that Software; except only that if the Software is a pre-release version, then, notwithstanding anything to the contrary Included within an accompanying license agreement, You are not permitted to use or otherwise rely on the Software for any commercial or production purposes.
c. If no license agreement accompanies the Software, use of the Software will be governed by the terms of this Section 7(c). The Company grants You a personal, worldwide, freely revocable, limited, non-transferable, non-sublicensable, royalty-free, non-assignable, nonexclusive license to use the Software in the manner permitted by the Agreement. You agree that You will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where You are located give You the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that You must first request the information from the Company and the Company may, in its discretion, either provide such information to You or impose reasonable conditions, Including reasonable fees, on use of the Software to ensure that The Company’s Intellectual Property Rights in the Software are protected. You may not assign (or grant a sublicense of) Your rights to use the Software, grant a security interest in or over Your rights to use the Software, or otherwise transfer any part of Your rights to use the Software. For clarity, Your use of the Software is also subject to the disclaimers, and export control provisions contained in this Agreement.
d. Any Software we provide is licensed, not sold. Unless we notify You otherwise, the software license ends when Your service ends. You must then uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software. You must not disassemble, decompile, or reverse engineer any Software that’s included in the Service, except and only to the extent that the applicable copyright law expressly permits doing so.
e. We may automatically check Your version of the Software. The Software may automatically download to, and install on, Your computer updates from the Company from time to time. These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit the Company to deliver these to You with or without Your knowledge) as part of Your use of the Service.
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f. The Software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws Include restrictions on destinations, end users, and end use. Without limitation, You may not transfer the software or Service without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department’s Lists to Check). You represent and warrant that You are not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.
8. Investigations.
​a. The Company, in its sole discretion, may (but has no obligation to) monitor or review Your use of the Service at any time. Without limiting the foregoing, the Company shall have the right, in its sole discretion, to remove any of Your User Content n, for any reason (or no reason), including if it violates the Agreement or any Law.
b. Although The Company does not generally monitor User activity occurring in connection with the Service, if the Company becomes aware of any possible violations by You of any provision of the Agreement, the Company reserves the right to investigate such violations, and the Company may, at its sole discretion, immediately terminate Your rights hereunder, Including Your right to use the Service or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to You. If, as a result of such investigation, the Company believes that criminal activity has occurred, the Company reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, the Company is entitled to retain and/or disclose any information or User Content, Including Your User Content or Account Information (or elements thereof), in the Company’s possession in connection with Your use of the Service to:
(i) comply with applicable Law, legal process or governmental request;
(ii) enforce the Agreement;
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(iii) respond to any claims that Your User Content violates the Agreement or rights of third parties;
(iv) respond to Your requests for customer Service; or
(v) protect the rights, property or personal safety of the Company, its employees, officers, and directors, Users or third parties, Including the public at large, as the Company in its sole discretion believes to be necessary or appropriate.
9. The Company’s Intellectual Property.
a. Copyright and other intellectual property laws and treaties protect the Software and all other aspects of the Service. The Company, or its licensors, owns the title, copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the “Intellectual Property Rights”) in the Software and Service. The Software and Service are solely licensed and not sold. The Company and its suppliers reserve all other rights to the Software and Service that are not expressly granted in this Agreement. You do not have ownership rights to any Software made available or accessible on or in relation to the Service, or any other aspect of the Service (except you may own your own submissions), regardless of how the Software and Service are used, accessed, downloaded, or otherwise made available to You. Except as expressly provided in the Agreement, the Company and its suppliers do not grant any express or implied rights to use the Service.
b. LotMonkey and other Company designs, slogans, graphics, and symbols are trademarks, service marks, and/or trade dress belonging exclusively to the Company. You may not use, copy, or modify such trademarks, service marks, and trade dress for use in a confusingly similar manner without first obtaining the written consent of the Company.
c. Reference to any products, Service, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.
10. Copyrights and Other Third Party Intellectual Property.
​a. You may not use the Service to violate any third party’s intellectual property rights, Including patent, trademark, copyright, trade secret, publicity, privacy, contract, or other proprietary rights. You represent and warrant that You will not post, display, upload, share, reproduce, transmit, or otherwise use any information, photographs, audio files, video files, data, documents, and any other materials, on or through the Service, which violates or infringes any intellectual property or proprietary rights of a third party.
b. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c), if You believe that Your work has been posted, modified, distributed, reproduced or otherwise copied on or through the Service in a way that constitutes copyright infringement, for the Company to remove or disable the material, please send a Notification to the Company’s Copyright Agent, which Includes the following information:
1. Your physical or electronic signature, or that of a person authorized to act on behalf of the owner of a copyrighted work, which is alleged to be infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single Notification, a representative list of such works.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
4. Information reasonably sufficient to permit the Company to contact You, such as an address, telephone number, and, if available, an email address.
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the Notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of the copyrighted work, which is alleged to be infringed.
The Notice should be sent either by email to admin@LotMonkey.com with “Attn: Notification to Copyright Agent” in the subject line,
or by mail to: LotMonkey, Inc. 106 Yacht Club Circle North Redington Beach FL 33701 Attn: Notification to Copyright Agent
c. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(g), if You believe that any material You have Made Available to the Service has been mistakenly removed or disabled, or that the material does not, in fact, violate or infringe the copyright rights of another, please send a written Counter-Notification to the Company’s Copyright Agent, which Includes the following information:
1. Your physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number.
5. A statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if Your address is outside of the United States, for any judicial district in which the service provider may be found, and that You will accept service of process from the person who provided the Notice of copyright infringement or an agent of such person.
The Counter-Notification should be sent either by email to admin@LotMonkey.com with “Attn: Counter-Notification to Copyright Agent” in the subject line,
or by mail to: LotMonkey, Inc. 106 Yacht Club Circle North Redington Beach FL 33701 Attn: Counter-Notification to Copyright Agent
c. Please note that the above-described procedures are regulated by statute. Sending a Notice or Counter-Notice to the Company, when such allegation is in bad faith or otherwise false, can cause You to be liable for damages, attorney fees, costs, and can be perjury. Speaking to an attorney before You send a Notice or Counter-Notice may help You understand Your rights.
d. The Copyright Agent will not remove content from the Service in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on or through the Service. All other inquiries directed to the Copyright Agent will not be responded to. Such inquiries should be made through the feedback procedure referenced in Section 21 or the report abuse procedure referenced in Section 22.
12. Charges, Payments and Refunds.
​This Section is applicable to Business Clients. Terms relating to Charges, Payments, Renewals, Cancellations, and Refunds are outlined in our Service Agreement. In consideration for using the Service, Business Clients must pay certain fees.
13. Internet Services and Data Rates.
​a. The Service doesn’t include internet access, so You are responsible for paying the fees charged by Your Internet access provider. Those fees are in addition to the fees You pay the Company for access to the Service.
b. Message and data rates may apply from Your wireless or Internet carrier.
c. Please consult Your wireless carrier for applicable text messaging fees. Under no circumstances will the Company be responsible for fees that Your wireless carrier or other third parties may charge You for use of the Service.
​14. NO WARRANTY; LIABILITY LIMITATIONS.
​​a. YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS “WITH ALL FAULTS”, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE.
b. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM: YOUR USE OF THE SERVICE, ANY PLATFORM SERVICE OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH THE SERVICE, YOUR OR ANOTHER USER’S MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER FOR USE OF THE SERVICE. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES.
c. The Company does not guarantee the accuracy or timeliness of information available from the Service. You acknowledge that computer and telecommunications systems are not fault-free and occasional periods of downtime occur. The Company expressly disclaims any liability for the Service being unavailable, interrupted, inoperable, unreliable, or containing viruses, bugs, errors, or defects. The Company is further not responsible for the Service being inaccurate, Incomplete or out-dated, or containing or providing inaccurate, Incomplete, or out-dated information, materials, or software. The Company has no obligation to correct any of the aforementioned occurrences.
d. The Company is not responsible for the Service containing User Content that is offensive, obscene, illegal, or the like. The Company is not responsible for the actions of Users on the Service as the Company has no control over them. You acknowledge that the Company is not responsible for any content, User Content, third party Service, or software posted to, displayed on, or available from, the Service regardless of whether it was posted by a User, third party, or the Company. Your use and/or downloading of any information from or through the Service is at Your own discretion and sole risk. You are solely responsible for any and all damages, losses, or other harm that may result.
e. Your communication or business dealings with Users with whom You correspond through the Service, including payment and delivery of related goods or Service, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and the User with whom You correspond. You agree that the Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of communication with such Users on the Service.
f. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR SERVICE ACCOUNT OR ACCOUNT INFORMATION OR REGISTRATION INFORMATION IN CONNECTION WITH THE SERVICE, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
g. The limitations and exclusions apply to anything related to this Agreement, for example:
(i) The Software and Service.
(ii) Loss of data.
(iii) Content (Including code) on third-party web sites, third-party programs, or third-party conduct accessed via the Service.
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(iv) Viruses or other disabling features that affect Your access to or use of the Service.
(v) Incompatibility between the Service and other Service, software, and hardware. Delays or failures You may have in starting or completing transmissions or transactions in connection with the Service in an accurate or timely manner.
(vi) Claims for breach of contract; breach of warranty, guarantee or condition; strict liability; tort (Including negligence or breach of statutory duty); or misrepresentation.
The limitations and exclusions also apply if this remedy does not fully compensate You for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages.
Some or all of these limitations or exclusions may not apply to You if Your state, province, or country does not allow the particular exclusion or limitation.
​15. Indemnity and Hold Harmless.
​You agree to hold harmless, indemnify, and at the Company’s request, defend, the Company, its subsidiaries, and affiliates, and their respective officers, directors, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs, or expenses, Including reasonable attorneys fees made by any third party due to or arising out of Your use of the Service, any User Content You Make Available on or though the Service, violation or breach of this Agreement, and/or violation of any law, regardless of whether such third party is successful.
16. Changes to the Service.
​The Company may change the Service or delete features at any time for any reason. A particular feature of the Software or Service may be a pre-release version—a beta, for example—and may not work correctly or in the way a final version might work. The Company may significantly change the final version or decide not to release a final version. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Service or one or more particular features of the Software or Service.
17. Termination.
The Agreement will continue to apply until terminated by either You or the Company as set forth below.
a. If You are a Business Client and wish to terminate Your Service Agreement with the Company, You may do so Service according to the terms set for the Service Agreement.
b. If You are a Shopper, and wish to terminate the Agreement with the Company, text “STOP” to the phone number through which you have been corresponding via the Service.
c. The Company may at any time terminate the Agreement (or portion thereof) with You if:
(i) You have breached any provision of the Agreement (or have acted in a manner that clearly shows You do not intend to, or are unable to, comply with the Agreement);
(ii) The Company is required to do so by Law (for example, where the provision of the Service or one or more features of the Service to You is, or becomes, unlawful);
(iii) The provision of the Service and/or one or more particular features of the Software or Service to You by the Company is, in the Company’s opinion, no longer commercially viable;
(iv) The Company has elected to discontinue the Service and/or one or more features of the Service; or
(v) There has been an extended period of inactivity in Your Service Account.
d. The Company may also terminate or suspend all or a portion of Your Service Account and/or access to one or more features of the Service for any reason. Termination of Your Service Account may include:
(i) removal of access to all offerings within the Service;
(ii) deletion of Your User Content and Account Information, Including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Service Account (or any part thereof); and
(iii) barring of further use of the Service.
​e. You agree that all terminations for cause shall be made in the Company’s sole discretion and that the Company shall not be liable to You or any third party for any termination of Your Service Account (and accompanying deletion of Your Account Information), or access to one or more features of the Service, Including Your Content.
f. Upon expiration or termination of the Agreement, You shall promptly discontinue use of the Service. However, any perpetual licenses You have granted, any of Your indemnification and payment obligations hereunder, any of the Company’s disclaimers or limitations of damages of liabilities hereunder will survive any termination or expiration of the Agreement.
​18. International Users.
​​The Company administers the Service and its associated Software and Service from its offices in the United States of America. The Company makes no representation that the Service is appropriate or available for use outside the United States and access to the Service from territories where its contents are illegal or restricted is prohibited. If You choose to access the Service from outside the United States, You do so on Your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with Your use of the Service and to not, in violation of any Laws, transfer, or authorize the transfer, of any of the Company’s products, Software, Service or technology to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the products, Service or technology may not, in violation of any Laws, be exported or re-exported
(i) into any U.S. embargoed countries or
(ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or U.S. Department of Commerce Entity List of proliferation concern, or Debarred Parties List.
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By using any products, Service or technology subject to any such restrictions and regulations, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
​19. User Disputes.
​The Company reserves the right to monitor and intervene in disputes between and among Users, however, the Company is in no way obliged to monitor or intervene in such disputes. If there is a dispute between Users of the Service, or between Users and any third party, You understand and agree that the Company is under no obligation to become involved. You are solely responsible for Your conduct while using the Service. In the event that You have a dispute with one or more other users, You hereby release the Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
20. General legal terms.
​​a. Interpreting the Agreement. All parts of this Agreement apply to the maximum extent permitted by relevant law. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the Agreement between You and the Company regarding the Service. Unless you signed a beta-testing agreement with the Company, this Agreement supersedes any prior contract or oral or written statements regarding Your use of the Service. Any failure by the Company to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver of that provision or right. The Agreement’s section titles don’t limit its terms. If you are a beta-tester per an executed beta testing agreement, the Confidentiality provisions of the beta-testing agreement remain in full force and effect regardless of this Agreement.
b. Assignment and transfer. The Company may assign, transfer, or otherwise dispose of its rights and obligations under the Agreement, in whole or in part, at any time without notice. You may not assign this Agreement or transfer any rights to use the Service.
c. No third-party beneficiaries. This Agreement is solely for Your and the Company’s benefit. It is not for the benefit of any other person, except for permitted successors.
d. Notices. Any notice provided to the Company pursuant to the Agreement should be sent to:
LotMonkey, Inc. 433 Central Avenue - 4th Floor, Saint Petersburg FL 33701 Attention: CEO, or by email to admin@LotMonkey.com.
The Company may provide You with notices, Including those regarding changes to the Agreement, by email, regular mail, text message, postings on or within the Service, or other reasonable means now known or hereafter developed. Notices emailed to You will be deemed given and received when the email is sent. If You don’t consent to receive notices electronically, You must stop using the Service.
e. Choice of Law; Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or Your use of the Service be initiated and maintained only in the state and federal courts located in Albany County, New York (USA), and You further agree and submit to the exercise of personal jurisdiction and venue of such courts for the purpose of litigating any such claim or action. Any action by You against the Company hereunder shall be brought within one (1) year after the claim arose, or be barred.
Notwithstanding the foregoing, in the event of Your or others’ unauthorized access to or use of the Service or Materials in violation of the Agreement You agree that the Company shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
21. Report Abuse.
​a. The Company treats all abuse reports concerning the Service extremely seriously. If applicable, we will forward a copy of the complaint to the User and/or Account holder. It is within the Company’s sole discretion whether to enforce the Agreement in response to any particular complaint. If the Company does not act, it is not considered a waiver of any right to do so in the future.
b. If You believe a User has violated any of the terms of the Service (other than by Copyright Infringement, which is dealt with in Section 11 of this Agreement), please submit the following to :
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(i) Your full legal name;
(ii) Your mailing address and telephone number;
(iii) Your email address;
(iv) Your username if you are an Account holder with the Service; and
(v) The Username of the User/Account holder you believe may have violated the Agreement and a written explanation of how (and on what date) you believe said User has violated the Agreement. If you have a URL for the page on which you believe the violation occurred, please include it.
The Company may remove User Content, an Account, or Associated Account at its discretion, if You provide a detailed description and evidence that the User violates the Company’s Agreement. The Company will review all complaints, but please note, the Company is not obligated to remove User Content, an Account, or Associated Account that violates the Agreement, nor do these rules create any third party rights or any private right of action.
22. Feedback.
​The Company does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, suggestions or other works (“Submissions”) in any form to the Company or any of its employees. This policy is in place to avoid potential misunderstandings or disputes when the Company’s products, Service or marketing strategies might appear similar to ideas submitted to the Company. If, despite our request that You not submit your ideas, you still submit them, then regardless of what Your letter says, the following terms shall apply to Your Submissions. You agree that:
(i) Your Submissions and their contents will automatically become the property of the Company, without any compensation to you;
(ii) the Company may use or redistribute the Submissions and their contents for any purpose and in any way;
(iii) there is no obligation for the Company to review the Submission;
(iv) there is no obligation to keep any Submissions confidential; and
(v) the Company may file for patents, trademarks, copyrights or other intellectual property protection on intellectual property (inventions, creative works, etc.) shown or described within Your Submission, and You agree that, upon the request and at the expense of the Company, You will execute and deliver any papers, make all rightful oaths, and perform all other lawful acts deemed necessary or desirable by the Company, and its legal representatives, to secure, maintain, and enforce patent or other intellectual property protection, and for vesting title to such intellectual property in the Company.
The Company does, however, welcome and appreciate Your feedback regarding many areas of the Company’s existing business. If you would like to send the Company Your feedback, please provide only specific feedback on the Company’s existing products or marketing strategies; do not Include any ideas that the Company’s policy will not permit it to accept or consider. Any feedback You provide shall be deemed to be non-confidential. The Company shall be free to use such information on an unrestricted basis.