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INSTANT ADVANTAGE TERMS OF SERVICE AGREEMENT

Last Updated: April 28, 2024

Please read this Terms of Service Agreement (these "Terms" or this "Agreement") carefully before using the www.instantadvantageapp.com website (the "Site") or any mobile application including Instant Advantage App, technology, software, or functionality belonging to, provided by, created by, or operated by RCteca Holdings, LLC, its employees, directors, principals, executives, affiliates, or related entities ("Instant Advantage", "us", "our", and "we") (collectively, the "Service").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users, and others who wish to access or use the Service (each a "User" andcollectively, "Users"). Your subscription to the Service and/or any portion thereof, is governed by this Agreement.

By accessing or using the Service you agree to be bound by this Agreement. If you disagree with any part of this Agreement, then you do not have permission to access or utilize the Service.

Certain features and functionalities of the Service may be subject to additional guidelines, terms, or rules, which may be posted on the Service from time to time. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.

We reserve the right to add, change, modify, suspend or discontinue any portion of the Service, in its sole discretion, at any time. Your use of the Service, including the availability of new services, shall be subject to this Agreement. We may impose limits on any portion of the Service or restrict your access to portions of or the entire Service in our sole discretion without notice or liability.

By accessing or using the Service, you are accepting this, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement(on behalf of the yourself or the entity that you represent).You may not access or use the Service or accept the Terms if you are not at least 18years old. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Service.

1. SERVICE
  1. Our Services consist collection of data from State lottery Agencies websites, computation of such data, and display the new data for Users of our Services.
  2. You also understand that the website and everything provided herein is offered on an 'AS IS' basis and that we assume no responsibility in conjunction with your use of any website Service, feature or content. All of this is offered strictly for your non-commercial entertainment and enjoyment. None of the content or Services may be distributed, modified, republished, or publicly displayed without our expressed written consent. Furthermore, we reserve the right to withhold such permission at our discretion.
  3. We would send email alerts to the Users as per User’s request.
  4. We reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.
  5. Access to the web and email servers is terminated upon expiry of the Service.
2. ACCOUNTS
  1. Account Creation: In order to use the Service, you must register for an account ("Account") and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. We may suspend or terminate your subscription and/or Account in accordance with this Agreement.
  2. Account Responsibilities: You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify usof any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  We are not and will not be liable for any loss or damage arising from your failure to safeguard and protect your login or security information, or any direct or indirect failure by you to otherwise comply with the above requirements. You agree to keep you login and password private and not share with any other individuals, any misuse and sharing of access to site and or associated mobile applications can result in termination of users subscription access.
  3. No Liability for User Interactions:We may monitor communications and interactions on the Service. Any liability, loss, or damage that results directly or indirectly from any interactions among Users, and/or others is solely the responsibility of you, and/or the other Users involved in and/or participating in such interactions.
3.ACCESS TO THE SERVICE
  1. License: Subject to the terms and conditions of this Agreement, wegrant you a limited, nonexclusive, and non-transferable license to the extent necessary and required to access, explore, and otherwise use this Service.
  2. Fees & Payment: We reserve the right to charge fees and to require payment of such fees for any or all Services used by Users. You agree to pay all applicable fees in connection with Services selected or used by you. Wereserve the right to change its prices and to institute new fees and other charges at any time and may, at its discretion, provide notice via email or by posting on the Service. If you choose to use a third-party payment service offered by us, you are subject to their terms of use and privacy policies. Your use of the Services following this notification constitutes your acceptance of any new or increased charges and/or fees. Any fees paid hereunder are non-refundable.
  3. Certain Restrictions: The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, or Service; and (d) except as expressly stated herein, no part of the Servicemay be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to this Agreement.  All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. You agree to use the Services only for purposes that are permitted by (a) this Agreement; (b) any applicable law, regulation, generally accepted practices, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from t, the United States ); and (c) any other applicable rules (including, without limitation, Facebook, Twitter and other social media platform rules).
  4. Modifications: We reserve the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
  5. Ownership: Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by RCteca Holdings, LLCor its suppliers.  Neither this Agreement, nor your access to the Service, shall be deemed to transfer to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this Agreement. RCteca Holdings, LLCand its suppliers reserve all rights not granted in this Agreement. No implied licenses are granted under this Agreement.
4.YOUR PERSONAL DATA
  1. We are serious about privacy of all individuals who use our Services or whose personal data we process.
  2. We collect personal data when you (your users) register an account with us, complete a web application form, login to the Services (via username or by using a social network login), or otherwise interact with us. We process user personal data to provide and administer the Service and communicate with you, to provide a better user experience, inform you of new Services or Service features, and, in limited circumstance, to protect the Services and our rights.
  3. We have implemented and will maintain appropriate technical and organizational measures, internal controls, and information security routines in accordance with good industry practice and having regard to the state of technological development to protect your data against accidental loss, destruction, or alteration; unauthorized disclosure or access (including but not limited to taking reasonable steps to ensure the reliability of employees having access to your data and providing for limited access rights and access controls; authentication; personnel training; regular back up; data recovery and incident management procedures; restrictions on storing, printing and disposal of personal data; software protection of devices on which personal data are stored; etc.) or unlawful destruction.
5.USER CONTENT
  1. "User Content" means any and all information and content that a User submits to, or uses with, the Service.  You are solely responsible for your User Content.  You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 5b).  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by us.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
  2. Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy":
    1. You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
    2. In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other Users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
  3. Enforcement. Wereserve the right, but has no obligation, to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
  4. Feedback. If you provide uswith any feedback or suggestions regarding the Service ("Feedback"), you hereby assign usall rights in such Feedback and agree that weshall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  Wewill treat any Feedback you provide to usas non-confidential and non-proprietary.  You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
6.INDEMNIFICATION
  1. You agree to indemnify and hold harmless RCteca Holdings, LLCand its officers, employees, and agents, including without limitation any costs or legal fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations, or (d) your User Content.  We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of these claims.  You agree not to settle any such matter without our prior written consent.  Wewill use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7.THIRD-PARTY LINKS & ADS; OTHER USERS
  1. Third-Party Links & Ads: The Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, "Third-Party Links & Ads").  Such Third-Party Links & Ads are not under our control, and we are not responsible for any Third-Party Links & Ads.  To the extent that wemay provide access to Third-Party Links & Ads, weprovide access to such Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any such Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply to your use thereof, including such third party’s privacy, Terms, and data gathering practices. You are solely responsible for conducting the research and investigation that you deem necessary and appropriate prior to using such Third-Party Links & Ads and prior to proceeding with any transaction in connection with such Third-Party Links & Ads.
  2. Other Users: Each User of the Service is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content whether created, provided, posted, linked, or otherwise made available by you or any other User, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.  Your interactions with other users of the Service are solely between you and such users.  You agree that wewill not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any User of the Service, we are not involved and are under no obligation to become involved in the resolution, settlement, or adjudication thereof.
  3. Release: You hereby release and forever discharge usfrom, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature including without limitation personal injuries, death, and property damage, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service including without limitation any interactions with, or act or omission of, other users of the Service or any Third-Party Links & Ads.
  4. Privacy: You acknowledge and confirm that you have read our Privacy Policy, the terms of which are incorporated by reference herein, and agree that the terms of our Privacy Policy are reasonable. You consent to the use of your personal information by RCteca Holdings, LLCand/or its third-party providers, partners, Users, and affiliates in accordance with the terms of and for the purposes set forth in the Privacy Policy as may be amended from time to time in our sole discretion.
8.DISCLAIMERS:

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND INSTANTADVANTAGE  (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NONINFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY DAYS FROM THE DATE OF FIRST USE. THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IF YOU RESIDE IN A STATE THAT DOES NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES.

9.LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RCteca Holdings, LLC(OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF RCteca Holdings, LLCHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $__). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

10.TERMINATION

You understand and agree that we may stop offering the Service at any time. We may cancel your Account, delete all of your registration information and User Content you have provided to us at any time, without notice, for any reason or no reason including, without limitation, your violation of this Agreement. We will not be liable for any damages or loss resulting from the removal of any User Content from the Service. You may cancel your Account at any time and cancellation will take effect immediately. We reserve the right to temporarily or permanently restrict or block access to the Service to any Users who have had their Accounts cancelled.

11.COPYRIGHT POLICY

Werespect the intellectual property of others and asks that users of our Service do the same.  In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our Service that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and email address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

12.GENERAL
  1. Changes: This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any), and/or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current email address.  In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to this Agreement will be effective upon the earlier of thirty calendar days following our dispatch of an email notice to you (if applicable) or thirty calendar days following our posting of notice of the changes on our Service.  These changes will be effective immediately for new users of our Service.  Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the Terms and conditions of such changes.
  2. Governing Law: This Agreement is governed by the laws of state of Ohio and each party submits to the exclusive jurisdiction of the courts of Columbus, Ohio.
  3. Electronic Communications: The communications between you and RCteca Holdings, LLC,use electronic means, whether you use the Service or send us emails, or whether wepost notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from usin an electronic form; and (b) agree that all Terms and conditions, agreements, notices, disclosures, and other communications that weprovide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hard copy writing. The foregoing does not affect your non-waivable rights.
  4. Third Party Rights: The provisions contained herein pertaining to disclaimers, exclusion of warranty, limitation of liability, and indemnification are for the benefit of RCteca Holdings, LLC and its officers, directors, employees, agents, representatives, affiliates, third party providers, and partners. Each of these parties shall have privity of contract with respect to such Terms to the extent necessary to assert and enforce these provisions directly against you on its own behalf.
  5. Entire Terms: This Agreement constitutes the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  For the avoidance of doubt, the relationship between any User and usis that of an independent contractor, and neither party is an agent or partner of the other. The relationship between usand each User will be that of independent contractor, and neither of us nor any of our respective officers, agents or employees will be deemed, held, or construed to be partners, joint venturers, fiduciaries, employees, or agents of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Wemay freely assign this Agreement.  The Terms and conditions set forth in this Agreement shall be binding upon assignees.
  6. Headings: The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect the Terms and conditions herein, nor the shall they limit, influence, or otherwise affect the interpretation of the Terms and conditions contained herein.
  7. Severability: The Terms and conditions contained herein shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
  8. Copyright/Trademark Information: Copyright © 2020RCteca Holdings, LLC, All rights reserved.  All trademarks, logos and Service marks ("Marks") displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
  9. Contact Information:
    RCTECA HOLDINGS, LLC
    262 N. Cassingham Rd,
    Columbus, OH 43209,
    E-mail:info@instantadvantage.com
    Website: www.instantadvantageapp.com