This Agreement applies to all Site visitors and users of the Site or ScratcherJack Services. If You don't agree with any term or condition in this Agreement, please don't use the Site or any ScratcherJack Service. If You have any questions, please refer to the Site's FAQs at ScratcherJack.com. If You don't find Your answer there, email us using this link: help@ScratcherJack.com .
ScratcherJack operates a scratch lottery tracking and analysis service on the Site and through the ScratcherJack App available on IOS via the Apple Store and Android via the Google Play Store.
ScratcherJack acquires, compiles, and analyzes large volumes of data from both publicly available and private sources in an effort to provide the most up-to-date, wholistic, and user-friendly set of data and analytics regarding the state of various scratch lottery games available in the 50 United States and the District of Columbia, ("United States").
ScratcherJack utilizes proprietary analytic algorithms to discover and present the best windows of opportunity in each scratch lottery game. In order to protect the flow of information and to preserve the swings in odds that create such great buying opportunities for our users, ScratcherJack limits the sale of subscriptions per state.
For the Monthly Subscriptions that include alerts, ScratcherJack provides regular alerts via one of several user selected external communication methods (e.g. SMS, email) about the state of certain scratch games and/or other information relevant to the user’s subscription.
While ScratcherJack makes every effort to provide the most up-to-date and accurate information, we can not guarantee that the presented raw or calculated data are 100% accurate. We will make our best faith effort to correct any mistakes as soon as they are discovered.
ScratcherJack makes no guarantee, in any way, that any predictive suggestion, prompt, or analysis is 100% accurate. Any and all action taken by a User outside of the Site (whether or not it was inspired by any information provided by or otherwise available on the Site) is entirely their own responsibility. We absolutely do not guarantee that a user will win a prize in any scratch lottery game. Any and all money won or lost by a User is wholly their own responsibility and we make no claim to any such gain or loss thereof.
Anyone with a 10 digit phone number located in the United States or Canada may subscribe to access ScratcherJack Services through one of the following Plans:
ScratcherJack offers one recurring payment option to subscribe to the Site and the Services: an automatically billed monthly subscription ("Subscription").
Subscriptions are valid for access to information and Services for the one and only United States’ State selected upon creation of the Subscription by the User.
Subscriptions are NOT TRANSFERABLE: the subscription cannot be transferred between Users, neither can the State for which information is provide be changed.
Any User may acquire multiple Subscriptions.
By purchasing a Subscription, You agree to an initial and recurring monthly subscription fee at the then-current monthly subscription rate, and You accept responsibility for all recurring charges until You cancel Your Subscription. You may cancel Your Subscription at any time, subject to the terms of our Cancellation Policy.
On the day that You subscribe (“Subscription Start Date”), ScratcherJack will automatically process Your monthly Subscription fee and ScratcherJack will continue to automatically process Your monthly Subscription fee each month on the same day of the month as the Subscription Date at the then-current Subscription rate, until You cancel Your subscription. The monthly Subscription fee is a purchase of the next month’s service. For example, if You subscribe on January 4th, You will be charged one month’s Subscription fee on January 4th, granting You the benefits of the subscription for the following month. The next monthly Subscription fee would be automatically processed on February 4th, and then the 4th of every following month until You cancel Your subscription.
You may upgrade or downgrade Your Subscription at any time by logging into Your account, clicking on Account and following the subscription change procedures described there. You must confirm the change in order for it to take effect. Once You have confirmed the modification of Your Subscription, ScratcherJack will prorate up or down the difference between the former and new monthly Subscription fees. For example, if You started Your Subscription on January 4th at $15.00 per month and You upgrade to the $40.00 per month plan half way through Your billing cycle on January 19th, You will be charged $25.00 on January 19th, and then the new Subscription fee rate of $40.00 on the next billing date February 4th. Downgrading will be prorated similarly and You will receive the difference in plans as a credit on the next billing cycle.
You may cancel Your Subscription at any time by logging into Your account, clicking on Account and following the cancellation procedures described there. If You need help, feel free to email us at help@ScratcherJack.com. If You cancel Your Subscription, the cancellation will take effect on the next monthly billing cycle. You will not be eligible for a refund for monthly Subscription fees paid prior to the month the cancellation takes effect.
ScratcherJack employs a referral program for certain individuals (“Referrers”). Referrers receive a unique Invite Code which they can share with friends and others to sign up for ScratcherJack Subscriptions. Referrers may receive some portion of the Subscription fee charged to users who signup with their Invite Code. To become a Referrer, or to apply for an Invite Code, please feel free to email us at a href="mailto:help@ScratcherJack.com">help@ScratcherJack.com .
Your use of the ScratcherJack App and software is governed by an end user license agreement (“EULA”) between You and ScratcherJack, and You agreed to that agreement when You downloaded the ScratcherJack app. If You have decided You do not want to comply with our EULA, You must not use the ScratcherJack App. ScratcherJack is the licensor of this App and grants You a limited right to use it for the purposes set forth in the EULA. Generally, the following terms apply:
ScratcherJack grants You a limited, nontransferable license to download and use the ScratcherJack App only for Your personal and noncommercial purposes. You may download additional copies of the App to compatible Android and IOS devices that have been linked to the ScratcherJack.com customer account that You used to access the App in accordance with ScratcherJack's rules and policies for the App.
Any information that we collect from You or Your device will be subject to our EULA, privacy notice, or similar terms that we provide to You.
The ScratcherJack App is protected by copyright and other intellectual property laws and treaties. Unless otherwise expressly stated in the EULA You agreed to upon downloading the ScratcherJack App, we or our licensors own all title, copyright and other intellectual property rights in the ScratcherJack App, which is licensed, not sold.
You acknowledge and agree that ScratcherJack has no responsibility or liability with respect to Your use of the ScratcherJack App or any content or functionality in the ScratcherJack App.
You agree to use the ScratcherJack App in compliance with all applicable laws, including all export and re-export restrictions and regulations of the Department of Commerce and other U.S. agencies and authorities that may apply to any app. We reserve the right to change, remove, suspend, or disable any App without notice or liability. We may modify, suspend or discontinue the ScratcherJack App, in whole or in part, at any time without notice.
The ScratcherJack App is operated in the U.S. We may restrict access to ScratcherJack from other locations.
ScratcherJack reserves the right, in its sole discretion, to cancel Your Subscription at any time for any reason. ScratcherJack may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict Your access to the Site or any ScratcherJack Service. If ScratcherJack bans You from the Site or any ScratcherJack Service, You may not return to the Site or use that ScratcherJack Service for any reason or in any manner including with a new username or identity. In the event that You return, or attempt to return, to the Site or use the ScratcherJack Service after You've been banned, You will be deemed to have breached this Agreement, and ScratcherJack reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
Your right to use the Site is determined by Your compliance with these Terms and ScratcherJack’s willingness to continue to offer services. In addition, Your rights under this Agreement will automatically terminate without notice from us if You fail to comply with its terms. In case of such termination, You must cease all use of the ScratcherJack Services, and we may immediately revoke Your access to the ScratcherJack Site without notice to You and without refund of any Subscription fees. Any failure to comply with these Terms or Your Agreement, any fraud or abuse relating to the sharing of ScratcherJack information, or any misrepresentation of any information furnished to ScratcherJack or its affiliates by You or anyone acting on Your behalf may result in the termination of Your Subscription. Any decision we make relating to termination or suspension of any person’s use of ScratcherJack Services shall be final and binding in all respects. You understand that we are the sole determiner in cases of suspected abuse, fraud, or noncompliance with these Terms or Your Agreement. Our failure to insist upon or enforce Your strict compliance with these Terms or Your Agreement will not constitute a waiver of any of our rights. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on the ScratcherJack.com website. Your continued use of ScratcherJack Services after the effective date of the revised Agreement terms constitutes Your acceptance of the terms.
Except for willful misconduct or gross negligence on the part of ScratcherJack, You release ScratcherJack and its parent, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the ScratcherJack Services.
You agree to indemnify and hold ScratcherJack, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of Your use of the ScratcherJack Services.
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of Your password and account, if any. You agree to: (a) immediately notify ScratcherJack of any unauthorized use of Your password or account or any other security breach, and (b) ensure that You exit from Your account at the end of each Site session. ScratcherJack will not be liable for any loss or damage arising from Your failure to comply with this Section.
Account Transfer Prohibited: You may not transfer or sell Your ScratcherJack account or username to any other party. You are fully responsible for all activity of Your ScratcherJack account and username.
General Practices Regarding Site Use and Storage: You acknowledge that ScratcherJack may establish general practices and limits concerning Site use and storage. You agree that ScratcherJack has no responsibility or liability for the deletion, failure to delete or failure to store any data or other content the Site maintains or transmits. You acknowledge that ScratcherJack may, in its sole discretion, change these general practices and limits at any time, with or without notice to You.
You may access and view the Site Content at Your own sole risk, only for Your personal, non-commercial, and internal use.
Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the Site are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed in the Site without our written permission or that of the third-party rights holder.
Prohibited User Conduct: You agree that while using the Site and ScratcherJack Services, You shall not: (1) share or otherwise make available in private or public the information provided on the site to any individual who is not the owner of a monthly Subscription; (2) attempt to gain unauthorized access to other computer systems through the Site; or (3) use the Site or ScratcherJack Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.
ScratcherJack reserves the right, but does not and shall not have an obligation, to monitor and review all use of the Site. ScratcherJack also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.
Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each ScratcherJack Service involving Your purchase of a product by credit card, debit card, or by any other payment means acceptable to ScratcherJack as each payment, if any, is due. You agree to pay all applicable taxes, if any. If ScratcherJack does not receive timely payment from Your credit card or debit card issuer or its agents, You agree to pay all amounts due upon demand by us.
Automatic Renewal Terms: For ScratcherJack Services subject to automatic renewal, You agree that ScratcherJack may submit periodic charges (monthly) until You provide notice that You wish to terminate the authorization or change Your payment method. You agree that such notice will not affect charges submitted before ScratcherJack could reasonably act.
Professional Advice Disclaimer: Any information we provide to You, including past, current, and predictive data, is for informational and entertainment purposes only. Use of the Site is not meant to serve as a substitute for professional advice. When appropriate, You should seek independent professional advice.
Warranty Disclaimer: SCRATCHERJACK AND SCRATCHERJACK'S OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS PROVIDE THE SITE AND SCRATCHERJACK SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SCRATCHERJACK AND SCRATCHERJACK'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM SCRATCHERJACK TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE AND THE SCRATCHERJACK SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT SCRATCHERJACK HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Liability Limit: IN NO EVENT SHALL SCRATCHERJACK OR SCRATCHERJACK'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR SCRATCHERJACK SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF SCRATCHERJACK AND SCRATCHERJACK'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO SCRATCHERJACK IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: YOU AGREE TO INDEMNIFY AND HOLD SCRATCHERJACK AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. SCRATCHERJACK RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH SCRATCHERJACK'S DEFENSE OF SUCH CLAIM.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SCRATCHERJACK HAVE AGAINST EACH OTHER ARE RESOLVED.
If a dispute arises between You and ScratcherJack, we are likely to be able to resolve Your matter quickly and to Your satisfaction. Please contact our customer support team by sending us an email at help@ScratcherJack.com. Please indicate the nature of Your complaint and we will do our best to get back to You with a reasonable solution as quickly and efficiently as possible. We may ask You to provide us with more information. We trust we will be able to address Your complaint without delay and to Your satisfaction.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so You and ScratcherJack each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either ScratcherJack or You do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
YOU AND SCRATCHERJACK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SCRATCHERJACK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Exceptions to Agreement to Arbitrate: We all agree that we will go to court to resolve disputes relating to Your or ScratcherJack’s intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents). We all agree that we can only bring a claim against each other on an individual basis: there can be no Class Action Claims. The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this). The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.
The Arbitration Process: The American Arbitration Association (AAA) will manage the arbitration between You and ScratcherJack, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or You can call them at 1-800-778-7879.
You are allowed to select the arbitration location as being in the county or province where You live or in Windsor County, Vermont. We can also choose a third location if we mutually agree.
If Your claim is for less than $10,000 (US), You do not need to attend the arbitration in person. You can have a hearing by phone. If Your claim is for more than $10,000, we will look to and follow the AAA for guidance.
While most arbitrators render a verbal decision, both You and ScratcherJack have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, ScratcherJack and/or You can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information You will be provided should the arbitration process prove unsatisfactory.
Arbitration Costs: If Your claim is for $10,000 (US) or less, ScratcherJack is open to paying Your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time You begin the arbitration proceeding. ScratcherJack will be notified of Your request.
If Your claim is for more than US $10,000, and arbitration is too expensive for You to afford when compared to filing a lawsuit in court, ScratcherJack will pay for as much of Your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for You.
We won’t try to have You pay us back for covering Your fees and we won’t try to make You cover our fees unless the arbitrator decides that Your claims are frivolous and it is fair to make You do this under the circumstances.
Applicable Law: The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.
Apart from that, if You are U.S. resident, these terms and our relationship will be governed by Vermont law, except for its conflicts of laws principles. If You reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.
Choice of Law: This Agreement shall in all respects be governed by the laws of the State of Vermont and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and ScratcherJack's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency: You and ScratcherJack are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to ScratcherJack must be given by postal mail to ScratcherJack, Attention: Legal Department, PO BOX 1031, Quechee, Vermont, 05059-1031. Any notice to You may be given (1) via SMS to the phone number You provide to ScratcherJack during registration, in which case notice will be deemed sufficient 24 hours after the SMS is sent unless the sending party is notified that the phone number is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address You provided to ScratcherJack, in which case notice will be deemed sufficient three days after the mailing date.
Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.