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PlayAlot.ca Member Agreement The following constitutes your Membership Agreement ("Agreement") with PlayAlot.ca. Please read carefully this Agreement in its entirety before becoming a member of PlayAlot.ca and starting to use its Services ("Services"). BY INDICATING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW, YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT EFFECTIVE ON THE DATE THEREOF WITH PLAYALOT.CA OPERATING AS PLAYALOT.CA (“PlayAlot.ca”). IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CAN RETURN TO PLAYALOT.CA HOME PAGE BY CLICKING HERE. By completing the membership registration process you expressly agree to the following: General PlayAlot.ca provides the Services through a web-based interface. The Services will enable you to construct different combinations of games to play Ontario Proline Sports Lottery and pre-print Ontario Proline Lottery slips on your home printer. Not all features of the Services are available to all members. The Services is solely for your own use and not for further resale or redistribution. PlayAlot.ca reserves any rights not expressly granted herein. Internet Access Required You must have access to a computer and the Internet to use the Services, and you are solely responsible for any and all costs associated with the purchase of all hardware and software necessary to access the Services, as well as any and all fees associated with installation, maintenance and charges associated with your access to the Internet. You are responsible for ensuring that your equipment is compatible with the Services. Member Registration You must provide all information required on the membership request form. By submitting the membership request form and using the Services, you agree that, a monthly membership to the Services will be established in your name. You acknowledge and agree that PlayAlot.ca will automatically renew your monthly, quarterly or annual enrollment unless you choose to cancel by contacting PlayAlot.ca by email at support@playalot.ca. Please Note: Canceling your Internet Services provider account does not cancel your enrollment in the Services. You must contact PlayAlot.ca in order to cancel your use of the Services. Prohibited Use You agree to use the Services for lawful purposes only. You shall not post or transmit through the Services any material which violates or infringes in any way upon the rights of others. PlayAlot.ca reserves the right to take any appropriate action if PlayAlot.ca becomes aware of any use of the Services which PlayAlot.ca believes violates any law or is otherwise wrongful. Username and Password Once you become a member of PlayAlot.ca, you will receive a username and a password, which will enable you to use the Services. You are solely and entirely responsible for maintaining the confidentiality of your username and password. You are also solely and entirely responsible for any and all activities that occur under your Account or conducted with your password. PlayAlot.ca reserves the right to interrupt or restrict your access to the Services, without notice to you, if we suspect fraudulent or abusive activity. PlayAlot.ca uses reasonable efforts to maintain the security of the Services; however, you acknowledge and agree that there is no guarantee of absolute security of information that is communicated over the Internet. Availability and Interruption The Services is subject to transmission limitation or interruption. You acknowledge and agree that, although you will generally have access to the Services, access to the Services may not be available on a continuous basis and that the Services will be subject to periodic downtime for hardware and/or software maintenance. You acknowledge and agree that PlayAlot.ca is not responsible for performance degradation and delays due to conditions on the Internet or due to your equipment or the equipment or actions of your Internet Services provider. You acknowledge that PlayAlot.ca shall not be liable to you if the Services is interrupted for any reason. If you are dissatisfied with the Services, you agree that your sole remedy shall be to terminate this Agreement and/or cancel your use of the Services. PlayAlot.ca may terminate the Services at any time for any reason. Fees All fees that presently apply to your use of the Services are displayed on PlayAlot.ca’s home page under “Pricing”. However, PlayAlot.ca reviews its fee policies from time to time and reserves the right to adjust the fees that apply to your use of the Services in its sole discretion at any time and from time to time. Copyrights / Trademarks The trademarks, logos and Services marks ("Marks") displayed on the PlayAlot.ca website that you access to use the Services are the property of PlayAlot.ca, its subsidiaries and affiliates. You are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of its owner. All information and content including any software programs available on or through the PlayAlot.ca website or the Services ("Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or in any way exploiting the Content, in whole or in part. You may access and use the Content available on or through the Services solely as contemplated under this AGREEMENT. Any other commercial or public use of the Content is strictly prohibited. Warranty Disclaimer THE SERVICES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PLAYALOT.CA MAKES NO WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, PLAYALOT.CA NEGLIGENCE. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK, THAT USE OF THE SERVICES'S FEATURES DOES NOT GUARANTEE WINNING ANY LOTTERY OR PROTECTING YOU IN ANY FORM FROM LOOSING MONEY. PLAYALOT.CA MAKES NO WARRANTY THAT MALFUNCTIONS WILL NOT OCCUR. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THAT PLAYALOT.CA SHALL NOT BE LIABLE TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, OBLIGATIONS, COSTS OR EXPENSES OR OTHER LIABILITY ARISING DIRECTLY OR INDIRECTLY FROM OR OTHERWISE PERTAINING TO: (I) ANY TERMINATION, SUSPENSION, DELAY OR DISRUPTION OF YOUR INTERNET SERVICES, (II) ANY FAILURE, DELAY, DISRUPTION OR MALFUNCTION OF THE SERVICES, THE INTERNET OR ANY COMMUNICATIONS NETWORK, FACILITY OR EQUIPMENT BEYOND PLAYALOT.CA’S REASONABLE CONTROL, (III) ANY DAMAGES ARISING FROM YOUR FAILED ATTEMPTS TO ACCESS THE SERVICES, OR (IV) ANY DAMAGES ARISING FROM ANY FAILURE TO TRANSMIT, OBTAIN OR COLLECT DATA OR FOR HUMAN, MACHINE OR SOFTWARE ERRORS OR FAULTY OR ERRONEOUS INPUT BY YOU. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL PLAYALOT.CA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF PLAYALOT.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF PLAYALOT.CA FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE AGGREGATE AMOUNT OF FEES PAID BY YOU FOR USE OF THE SERVICES. BOTH PLAYALOT.CA AND YOU AGREE THAT THE PROVISIONS OF THIS SECTION ARE OF THE ESSENCE OF THIS AGREEMENT AND THAT ABSENT SUCH LIMITATION OF LIABILITY, NEITHER PARTY WOULD HAVE ENTERED INTO THIS AGREEMENT. Indemnity You agree to indemnify and hold PlayAlot.ca, its parents, subsidiaries, affiliates, officers and employees, harmless from and against any claim or demand, including reasonable legal fees, made by any third party resulting from or arising out of your use of the Services (or the Services by persons using your password), any breach of this Agreement, or any negligence or willful misconduct with respect to your use of the Services. Force Majeure Neither party shall be liable for non-performance due to acts of God, civil disturbances, strikes, power failures, telecommunications breakdowns, changes in applicable laws or regulations, fire or any other cause which such party cannot prevent by the exercise of reasonable diligence. Assignment PlayAlot.ca may assign all or part of our rights or duties under this Agreement without such assignment being considered a change to the Agreement, and without notice to you. PlayAlot.ca shall then be released from all liability. You may not assign this Agreement without PlayAlot.ca’s prior written consent. Entire Agreement This AGREEMENT represents the entire agreement between PlayAlot.ca and you with respect to the subject matter hereof. If any part of this AGREEMENT is found invalid, the balance of the AGREEMENT shall remain enforceable. The failure of either party to enforce any rights granted by this AGREEMENT or to take action against the other party in the event of any breach hereof shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. PlayAlot.ca may change or modify this AGREEMENT, including Services features, for any reason upon advance notice. If you use the Services more than 7 days after notice of a change, you agree to such change. Governing Laws This AGREEMENT is governed by and will be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, regardless of the laws that might otherwise govern under applicable principles of conflicts of laws. NOTE - You must agree to the Terms and Conditions to become a member of PlayAlot.ca. If you do not check-mark "I Agree" box, your membership request will not be completed. Copyright © 2005 PlayAlot.ca All Rights Reserved.
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