Terms and Conditions

Last updated: June 5th, 2024

Agreement to Our Legal Terms

We are ABDRABBOH'S WINNERS CIRCLE, INC. ("Company," "we," "us," or "our"), a company registered in the United States at 1620 FORD AVE, WYANDOTTE MI 48192.

We operate the website https://winnerscircleinc.com/ (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and ABDRABBOH'S WINNERS CIRCLE, INC., concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

You can contact us by email at [email protected] or by mail to 1620 FORD AVE, WYANDOTTE MI 48192, United States.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your internal business purposes only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access.

solely for your internal business purpose. Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected].

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept the following forms of payment:

Visa
Mastercard
American Express
Discover
PayPal

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. SUBSCRIPTIONS

Billing and Renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected].

Fee Changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Attempt to impersonate another user or person or use the username of another user.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Sell or otherwise transfer your profile.

8. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").

Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

9. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing.

The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions, (2) to re-categorize any Contributions to place them in more appropriate locations on the Services, and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

10. SOCIAL MEDIA

As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services, or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services.

You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time.

PLEASE NOTE: YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services.

You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable).

We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.

11. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.

If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.

Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services.

Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

12. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Services for violations of these Legal Terms;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
In our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

13. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://winnerscircleinc.com/privacy-policy.

By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

14. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

15. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME WITHOUT WARNING IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

17. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.

18. DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in Walton County, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Services be commenced more than one (1) year after the cause of action arose.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $500.00 USD.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. SMS TEXT MESSAGING

Opting Out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP". You may receive an SMS message confirming your opt out.

Message and Data Rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan.

Support

If you have any questions or need assistance regarding our SMS communications, please email us at [email protected]

26. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112, Sacramento, California 95834
or by telephone at (800) 952-5210 or (916) 445-1254.

27. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

28. DEFINITIONS

ABDRABBOH'S WINNERS CIRCLE, INC (also referred to as "Winners Circle INC," "Company," "we," or "us"): The provider of the review request and reputation solicitation services described in this agreement.

Client (also referred to as "you" or "Customer"): The business, organization, or individual that has contracted with ABDRABBOH'S WINNERS CIRCLE, INC to use the Services to request reviews from its own customers. The Client is typically a business seeking to improve or gather feedback on its services or products via customer reviews.

End Customer (or "Customer of Client"): An individual or entity who is a customer, patron, or user of the Client's products or services, and whose contact information is provided to ABDRABBOH'S WINNERS CIRCLE, INC for the purpose of sending review requests. These are the end recipients of SMS, email, or other communications requesting a review on behalf of the Client.

Services: The review request services and related features provided by ABDRABBOH'S WINNERS CIRCLE, INC under these Terms. This includes the automated sending of review solicitation communications (such as SMS/text messages and emails) to End Customers on the Client's behalf, integrations with third-party platforms (e.g. Google Business Profile, social media, CRM systems), and any software, websites, or applications through which the service is delivered.

Google Business Profile: The Google service for managing online business listings and reviews (previously known as Google My Business). Integration with Google Business Profile in the context of these Terms refers to connecting the Client's Google listing to the Services so that End Customers can be directed to leave Google reviews for the Client.

Default Messaging Preferences: The predefined or Client-selected settings within the Services that determine the content and timing (cadence) of review request messages. This may include standard message templates/scripts provided by ABDRABBOH'S WINNERS CIRCLE, INC and schedule rules (e.g. sending a follow-up message after a certain number of days) that are applied when contacting End Customers, unless the Client customizes these settings.

CRM (Customer Relationship Management) System: A third-party software system used by the Client to manage customer information, which may be integrated with the Services. Integration with a CRM allows automatic retrieval or syncing of End Customer contact details and other relevant data to facilitate sending review requests.

Applicable Laws: All laws, statutes, regulations, and rules applicable to the Client, ABDRABBOH'S WINNERS CIRCLE, INC, and the handling of End Customer data and communications under these Terms. This includes, without limitation, data protection and privacy laws and regulations (such as the EU General Data Protection Regulation "GDPR", the California Consumer Privacy Act "CCPA", Canada's Anti-Spam Legislation "CASL"), and laws relating to electronic communications and marketing (such as the U.S. CAN-SPAM Act and Telephone Consumer Protection Act "TCPA", and similar state, provincial, or federal laws).

29. SCOPE OF SERVICES

Review Request Communications: ABDRABBOH'S WINNERS CIRCLE, INC will, on the Client’s behalf, send out review request communications to the Client’s End Customers. These communications may be in the form of SMS/text messages, emails, or other electronic messages, and will typically invite or remind End Customers to leave a review (for example, a Google review) about their experience with the Client’s business. The messages are sent in the name of or referencing the Client, making clear to the End Customer that the request is coming from the Client (with ABDRABBOH'S WINNERS CIRCLE, INC acting in the background as a service provider).

Integrations for Automation: As part of the Services, ABDRABBOH'S WINNERS CIRCLE, INC may integrate with various third-party platforms and accounts to streamline and automate the review request process. This includes integration with the Client’s Google Business Profile (to generate direct links for Google reviews), social media or review site accounts (to solicit reviews or post review content on those platforms if applicable), and the Client’s CRM or other customer databases. Through these integrations, the Service can automatically pull necessary customer contact information and trigger messages (for example, after a sale or service is completed, as recorded in the CRM) without manual intervention by the Client. The Client authorizes ABDRABBOH'S WINNERS CIRCLE, INC to connect to and use such integrated systems solely for the purpose of providing the Services.

Default Settings and Customization: The Client will have the ability to configure certain default messaging preferences within the Service. By default (and in the interest of efficiency), ABDRABBOH'S WINNERS CIRCLE, INC provides pre-approved message scripts/templates and a recommended messaging cadence (e.g., an initial review request followed by one or more reminder messages after set time intervals). These default settings will be used to send review requests to End Customers unless the Client chooses to modify or customize them. The Client can customize the content of the messages, the number of follow-ups, the timing of messages, and other preferences through the Service’s interface. If no customization is made, the Client agrees that the standard scripts and schedule provided by ABDRABBOH'S WINNERS CIRCLE, INC are deemed approved by the Client for use.

Scope Limitations: The Services are intended solely for the purpose of requesting customer reviews and related customer feedback. ABDRABBOH'S WINNERS CIRCLE, INC’s role is limited to facilitating the sending of these communications and providing the Client with tools to manage the process. The Service does not extend to managing responses to reviews, moderating content on third-party review sites, and does not guarantee that reviews will be positive or removed if negative. ABDRABBOH'S WINNERS CIRCLE, INC is not a reputation management or review moderation service under these Terms; it focuses strictly on review solicitation and associated automation.

Limited Use of Customer Data The Client acknowledges and agrees that any customer data (including names, emails, and phone numbers) provided to ABDRABBOH'S WINNERS CIRCLE, INC will be used solely for the purposes explicitly authorized by the Client, including: - Sending review request communications (e.g., via Google Review links); - Delivering any services that the Client has formally signed up for as part of our engagement. - Customer data will not be used for any unrelated purposes, including third-party marketing, resale, or data mining. We will not contact your customers for any reason beyond the services specified by your agreement. Furthermore, we will not share, sell, or transfer your customer data to any outside party, unless required by law or with your explicit consent.

30. CLIENT RESPONSIBILITIES

Obtain and Maintain Consent: You must have explicit permission from each End Customer before ABDRABBOH'S WINNERS CIRCLE, INC sends them any SMS or email. Prior to uploading or providing any End Customer’s contact information to the Service, you will have obtained all necessary and legally-required consents to contact that End Customer via the intended communication method (text message, email, etc.). This means, for example, compliance with opt-in requirements under the Telephone Consumer Protection Act (TCPA) for U.S. text messages, and compliance with email consent requirements under laws like the CAN-SPAM Act. You should only send review requests to individuals who have agreed to receive such communications from you. If an End Customer revokes consent or opts out of receiving communications, you are responsible for updating your settings or notifying ABDRABBOH'S WINNERS CIRCLE, INC to cease messages to that End Customer.

Compliance with Data Privacy Laws: You are responsible for adhering to all applicable data protection and privacy laws in relation to the End Customer data and communications. This includes, without limitation, ensuring compliance with regulations such as the EU General Data Protection Regulation (GDPR) (if you handle data of EU residents, even if the service is not yet actively offered in the EU), the California Consumer Privacy Act (CCPA) for personal data of California residents, Canada’s Anti-Spam Legislation (CASL) for messages sent to Canadian recipients, and any other international, federal, or state laws regarding personal data, privacy, or electronic communications. You, as the data controller/business, must provide any required privacy notices to your End Customers and, where required, obtain explicit consent for the collection and use of their data (including sharing it with service providers like ABDRABBOH'S WINNERS CIRCLE, INC for the purpose of sending review requests). If you expand or use the Services in new jurisdictions, you must ensure you meet all local requirements (such as consent and opt-out rules) in those areas.

Accurate Data and Lawful Use: You are responsible for the accuracy, quality, and legality of the End Customer contact information and any other data you provide to ABDRABBOH'S WINNERS CIRCLE, INC. This means you will only upload or provide data that has been collected lawfully and is up-to-date. You must not use the Services to send messages to any phone number or email address that is on any do-not-contact list or to individuals who have not consented, as doing so could violate spam or privacy laws. Furthermore, you agree not to use the Services for any unlawful, misleading, or abusive purposes—for example, you will not include any fraudulent content in review requests, and you will not attempt to use the Service to send non-review-related marketing without proper consent.

Maintain Integrations and Access: If you choose to integrate third-party accounts or systems with the ABDRABBOH'S WINNERS CIRCLE, INC Services (such as linking a Google Business Profile, Facebook page, or connecting a CRM via API), you are responsible for maintaining the continuity and validity of those integrations. This includes keeping login credentials, API keys, and tokens up to date, and promptly reconnecting or updating them if they change or expire. For instance, if your Google or social media password changes or if your CRM API token expires, you must update the integration settings so that the Services can continue to function. ABDRABBOH'S WINNERS CIRCLE, INC is not responsible for any failure to send review requests or any other service downtime to the extent caused by disconnected or broken integrations due to the Client’s action or inaction.

Regulatory Compliance: It is the Client’s duty to ensure that its use of the Services (including the content and timing of messages sent to End Customers) complies with all Applicable Laws (defined above). While ABDRABBOH'S WINNERS CIRCLE, INC provides the tools and default templates, the Client must ensure that the actual use of those tools meets legal standards (for example, including any required disclaimers or opt-out instructions in messages if mandated by law). The Client is strongly encouraged to consult its own legal counsel to ensure that its use of the Services is compliant with laws relevant to its specific industry and jurisdiction. The Client will be solely responsible for any legal consequences arising from improper use of the Services or failure to comply with applicable laws, and agrees to indemnify ABDRABBOH'S WINNERS CIRCLE, INC for any loss or damage resulting from such misuse or non-compliance (as detailed in the indemnification section of these Terms).

31. MESSAGING CONTENT & AUTOMATION

Authorization to Send on Client’s Behalf: By using the Services, the Client acknowledges and authorizes ABDRABBOH'S WINNERS CIRCLE, INC to send SMS messages, emails, and other electronic communications to End Customers on the Client’s behalf. These messages will appear to come from the Client’s business (using the sender identity information provided in the Service setup, such as the business name or a designated phone number/email address). The content of these messages is intended to request a review or feedback and may include the Client’s name, contact info, and a link or instructions for leaving a review (e.g., a direct link to the Client’s Google review page).

Use of Default Scripts and Cadence: By default, ABDRABBOH'S WINNERS CIRCLE, INC utilizes pre-approved message templates and a standard schedule for follow-ups, as part of the Services. The Client agrees that, unless they take action to customize the messaging, the Company may use these default scripts and timing on the Client’s behalf. These default messages have been crafted to be professional and effective for general use (for example, a polite review request shortly after a customer interaction, and perhaps a gentle reminder a few days later if no review has been received). The Client has had the opportunity to review these templates during onboarding or in their account settings. By not modifying them, the Client is effectively giving blanket approval for their use.

Client Customization and Control: The Service provides tools for the Client to edit or override the default message content and schedule. The Client can customize the text of review requests, add their branding or personal tone, change how many follow-up reminders are sent, adjust the intervals between messages, and set overall preferences (for instance, choosing to send only emails and not SMS, or vice versa). If the Client chooses to make such customizations, ABDRABBOH'S WINNERS CIRCLE, INC will send the messages according to the Client’s specified content and timing. The Client bears full responsibility for any custom message content or schedule they create and should ensure that any modifications still comply with applicable laws and are appropriate for their customer base.

Content Responsibility and Disclaimer: The Client understands that ABDRABBOH'S WINNERS CIRCLE, INC is a neutral transmitter of content; the platform facilitates sending the Client’s message to End Customers. Whether using default scripts or customized text, the Client is responsible for the content of all review request messages sent through the Service. ABDRABBOH'S WINNERS CIRCLE, INC does not independently verify or censor the message content (aside from perhaps basic checks for prohibited content), and therefore is not liable for any issues arising from the messages. This includes, but is not limited to, any claims that the messages were misleading, unsolicited, harassing, or otherwise in violation of a recipient’s rights or any law. The Client should carefully review all default and customized messages to ensure they are accurate, appropriate, and lawful.

Frequency and Cadence of Messages: By default, the Service’s messaging cadence (number of messages and timing) has been configured in a way that aims to be effective yet not overly intrusive (for example, one initial request and one reminder). The Client can configure this as per their needs. The Client acknowledges that they are responsible for the frequency of messages sent to their End Customers. If an End Customer perceives the frequency of reminders as excessive or spammy, or if it violates any communication law (such as limits on SMS under certain regulations), the responsibility lies with the Client to adjust their settings. ABDRABBOH'S WINNERS CIRCLE, INC will not be held liable for any complaint or issue arising from the chosen frequency of messages.

Opt-Out Handling: (If applicable) ABDRABBOH'S WINNERS CIRCLE, INC’s platform will make reasonable efforts to honor standard opt-out requests from End Customers. For example, if an End Customer replies “STOP” to an SMS, the system may automatically flag that number to prevent further texts, and similarly, unsubscribe links in emails will prevent further emails. However, ultimate compliance with opt-out requests is the Client’s responsibility. The Client should regularly monitor any notifications of opt-outs and ensure such contacts are not inadvertently re-uploaded or contacted through other means in violation of their request.

No Liability for Message Outcomes: ABDRABBOH'S WINNERS CIRCLE, INC does not guarantee that an End Customer will positively receive or act upon any message. The Company is not liable for any outcomes of the messages beyond sending them as instructed—for instance, if an End Customer reacts negatively to a review request or if sending a request inadvertently reminds a customer of a negative experience resulting in a bad review, the Client understands this risk is inherent in soliciting feedback. The Client agrees that it will not hold ABDRABBOH'S WINNERS CIRCLE, INC responsible for any damage to its reputation or customer relations arising from the act of sending review requests.

32. DATA USE & STORAGE

Data Processing Role: In providing the Services, ABDRABBOH'S WINNERS CIRCLE, INC acts as a data processor (or “service provider”) on behalf of the Client. The Client is the data controller (or “business” as termed under certain laws like CCPA), meaning the Client determines the purposes and means of processing the personal data of End Customers. All End Customer data provided by the Client to ABDRABBOH'S WINNERS CIRCLE, INC remains under the Client’s ownership and control. ABDRABBOH'S WINNERS CIRCLE, INC will process this data only as necessary to provide the Services and in accordance with the Client’s instructions and these Terms.

Purpose of Data Use: The Client’s data (including End Customer contact information, such as names, phone numbers, email addresses, and any other information provided for the purpose of the Services) will be used solely for sending review requests and related communications and for operating and improving the Service. ABDRABBOH'S WINNERS CIRCLE, INC will not use End Customer personal data for any other purpose (such as marketing other products to End Customers, or selling the data) without the Client’s explicit instruction and consent, and in compliance with applicable law. Aggregated or anonymized data (data that does not identify individuals) may be used by the Company for analytics or improvement of service, but not in a way that reveals any personal information.

Data Security: ABDRABBOH'S WINNERS CIRCLE, INC is committed to protecting the security of Client and End Customer data. The Company will implement and maintain reasonable and appropriate technical and organizational measures to safeguard personal data against unauthorized access, disclosure, or misuse. This may include measures such as encryption of data in transit, secure hosting environments, access controls, and regular security audits. However, the Client understands that no method of data transmission or storage is 100% secure, and therefore ABDRABBOH'S WINNERS CIRCLE, INC cannot warrant absolute security. In the event of a data breach affecting End Customer personal data, ABDRABBOH'S WINNERS CIRCLE, INC will notify the Client as required by law and cooperate with the Client’s reasonable remediation efforts.

Data Privacy Compliance: As the data controller, the Client is responsible for ensuring that the collection and sharing of End Customer data with ABDRABBOH'S WINNERS CIRCLE, INC is done in compliance with all applicable privacy laws. This means the Client should have a valid legal basis (e.g., consent or legitimate interest, as appropriate) for processing and sharing personal data with the Service. The Client should also provide any required privacy notices to individuals (for example, informing them that their data may be used to send them communications requesting a review). If a data subject (End Customer) exercises any of their rights under privacy laws (such as a request to access or delete their data), the Client is responsible for fulfilling those rights. ABDRABBOH'S WINNERS CIRCLE, INC will reasonably assist the Client, as needed and as required by law, in honoring such requests (for example, by deleting or returning data upon instruction).

Data Storage and Retention: End Customer personal data provided to ABDRABBOH'S WINNERS CIRCLE, INC will be stored on secure servers. The data will be retained for as long as necessary to fulfill the review request services or as instructed by the Client, and in accordance with ABDRABBOH'S WINNERS CIRCLE, INC’s data retention policies. If the Client terminates the Service (or upon the Client’s request), ABDRABBOH'S WINNERS CIRCLE, INC will delete or return the End Customer personal data in its possession, except where retention is required by law or for legitimate business purposes (such as retaining proof of consent or communication logs for compliance reasons).

International Data Transfer: (If applicable) The Client acknowledges that depending on the location of the Client and the Company’s infrastructure, End Customer data might be processed or stored in a country different from where it was collected. ABDRABBOH'S WINNERS CIRCLE, INC will only transfer data across borders in compliance with applicable data protection laws and will implement appropriate safeguards for international transfers as required (such as Standard Contractual Clauses for data transferred from the European Economic Area, if relevant in the future).

Indemnity for Data Violations: The Client agrees to indemnify and hold ABDRABBOH'S WINNERS CIRCLE, INC harmless for any claims, damages, fines, or penalties arising out of the Client’s failure to comply with data privacy laws or regulations in connection with the Services. This includes any claims that the Company’s handling of data (as directed by the Client) violated a law because the Client failed to obtain proper consent, provide required notice, or otherwise meet its legal obligations. In other words, if ABDRABBOH'S WINNERS CIRCLE, INC faces a complaint or regulatory action due to how End Customer data was collected or used by the Client, the Client will be responsible for defending that action and bearing any costs or liability (see Section 10 on Indemnification for more details).

Data Processing Agreement: (If needed by law) The parties agree that if required under certain laws (like GDPR), these Terms, along with the Privacy Policy and any applicable addendums, will serve as a Data Processing Agreement governing ABDRABBOH'S WINNERS CIRCLE, INC’s processing of personal data on behalf of the Client. The Client’s act of agreeing to these Terms is deemed to also constitute signing of such a Data Processing Agreement, which includes the obligations and assurances described in this Section and elsewhere in these Terms.

33. SERVICE LIMITATIONS & NO GUARANTEES

No Guarantee of Reviews or Outcomes: The Client acknowledges that ABDRABBOH'S WINNERS CIRCLE, INC does not and cannot guarantee any specific results from the Services. By using the platform to request reviews, you may increase the likelihood of receiving feedback from your customers, but ABDRABBOH'S WINNERS CIRCLE, INC makes no promise regarding the number of reviews that will be obtained, the content or ratings of those reviews, or any improvement in your online reputation or business performance. End Customers retain full discretion on whether to respond to a review request and what feedback to provide. Any examples of results or success stories are illustrative only and not guarantees of future performance.

Not a Reputation Management Service: The scope of ABDRABBOH'S WINNERS CIRCLE, INC's Services is limited to sending out review solicitations and related communications as described. The Service does not include monitoring of third-party review platforms, responding to customer reviews on behalf of the Client, replying to feedback, or engaging in any form of reputation management or content moderation. It is the Client's responsibility to monitor their own reviews on Google or other platforms and to respond to or address any issues raised in those reviews. For example, if an End Customer leaves a negative review, it is outside the scope of ABDRABBOH'S WINNERS CIRCLE, INC's Services to intervene or assist in resolving that; such follow-up is entirely between the Client and their customer.

No Endorsement or Filtering: ABDRABBOH'S WINNERS CIRCLE, INC does not filter which customers should receive review requests based on their likely sentiment. All End Customers provided by the Client are generally treated equally in the solicitation process. The Company provides the tool to ask for reviews, but it does not guarantee those reviews will be positive. The Client should be prepared to receive honest feedback, which could be positive or negative, as a result of sending out review requests.

Service Availability: While ABDRABBOH'S WINNERS CIRCLE, INC aims to provide a reliable and accessible service, we do not guarantee uninterrupted or error-free operation of the Services at all times. There may be occasional maintenance downtime, technical issues, or outages affecting the ability to send messages or access the platform. Additionally, the Service's performance can be influenced by third-party systems and networks (for example, SMS delivery depends on telecommunications carriers; email delivery depends on internet service and email providers; integration with Google depends on Google's APIs being available). ABDRABBOH'S WINNERS CIRCLE, INC will make commercially reasonable efforts to ensure high availability and to resolve any outages or issues promptly, but the Client understands that some interruptions may occur and agrees that such interruptions, when reasonable in duration, will not constitute a breach of these Terms.

Third-Party Fees and Changes: The Client is responsible for any third-party fees that might be incurred through use of the Service (for example, your mobile carrier's fees for sending/receiving SMS, data charges, or any fees imposed by integrated third-party services if they have usage costs). ABDRABBOH'S WINNERS CIRCLE, INC is not liable for those external costs. Furthermore, if a third-party platform (like Google, Facebook, or a CRM provider) changes its policies, APIs, pricing, or availability in a way that affects the Service, ABDRABBOH'S WINNERS CIRCLE, INC is not responsible for any resulting limitations.

"As-Is" Service and Disclaimer of Warranties: ABDRABBOH'S WINNERS CIRCLE, INC provides the Services on an "as is" and "as available" basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, regarding the Services. This includes any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that the Services will meet the Client's requirements or expectations. The Company does not warrant that the Services will be completely error-free or that any defects will be corrected immediately. The Client assumes all risk as to the results and performance of the Services. No advice or information, whether oral or written, obtained from ABDRABBOH'S WINNERS CIRCLE, INC or through the Services, shall create any warranty not expressly stated in these Terms.

34. TERMINATION & SUSPENSION

Termination by Client (Cancellation): The Client may terminate their subscription or stop using the Services at any time. This can typically be done by using the account settings on the ABDRABBOH'S WINNERS CIRCLE, INC platform to cancel the subscription or by providing written notice to ABDRABBOH'S WINNERS CIRCLE, INC (such as an email to customer support) expressing the desire to terminate. Unless otherwise specified, termination by the Client will be effective at the end of the current billing period for which payment has been made. It is the Client's responsibility to back up or export any data they wish to retain prior to termination.

Termination or Suspension by ABDRABBOH'S WINNERS CIRCLE, INC: ABDRABBOH'S WINNERS CIRCLE, INC reserves the right to suspend or terminate the Client's access to the Services, in whole or in part, under the following circumstances:

If the Client breaches any material term of these Terms (including non-payment of fees, violating messaging rules, or misuse of the Service) and does not cure that breach within a reasonable time after notice (if a cure is possible).
If the Client is using the Service in a manner that violates any law or regulation, or that materially infringes upon the rights of others.
If the Client's use of the Service poses a security risk to the platform or any third party, or if it could subject ABDRABBOH'S WINNERS CIRCLE, INC or any third party to liability.
If the Client is abusing the platform (e.g., sending an unreasonable volume of messages or attempting to disrupt systems).
If required by law or at the request of government authorities.

In most cases, ABDRABBOH'S WINNERS CIRCLE, INC will attempt to provide notice to the Client of any suspension or termination. However, in urgent cases, access may be suspended immediately without prior notice.

Effect of Termination: Upon termination, the Client’s right to use the Services will cease. ABDRABBOH'S WINNERS CIRCLE, INC will stop scheduled or automated communications to End Customers on the Client’s behalf. The Client should promptly download or export any necessary data. Winners Circle INC may delete or disable access to Client data after termination, except where retention is required by law or for legitimate business purposes.

No Refunds on Termination for Cause: If the Client's account is terminated by ABDRABBOH'S WINNERS CIRCLE, INC due to a violation of these Terms or unlawful conduct, no refunds will be provided for the remaining subscription period.

Reactivation: Clients may contact ABDRABBOH'S WINNERS CIRCLE, INC to discuss reactivation after resolving the cause of a suspension. Reactivation may be subject to a reactivation fee and agreement to updated Terms. ABDRABBOH'S WINNERS CIRCLE, INC is not obligated to reactivate any account.

Termination for Convenience by Company: ABDRABBOH'S WINNERS CIRCLE, INC reserves the right to terminate the agreement for convenience immediately at any time. Prepaid fees covering the post-termination period will be refunded.

Survival of Terms: Provisions such as indemnification, liability limitations, dispute resolution, and payment obligations will survive termination.

35. INDEMNIFICATION & LIABILITY LIMITATIONS

Indemnification by Client: The Client agrees to indemnify, defend, and hold harmless ABDRABBOH'S WINNERS CIRCLE, INC, its parent, subsidiaries, affiliates, and its and their respective officers, directors, employees, agents, and representatives (collectively, the "Indemnified Parties"), from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, judgments, settlements, costs, fines, penalties, or expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) the Client's use of the Services (including any communications sent through the Service on the Client's behalf), (b) any breach by the Client of these Terms or violation of any applicable law or regulation, (c) the Client's negligence, misconduct, or improper use of the Services, or (d) any allegation that the Client's communications or use of the Services infringed upon or misappropriated the intellectual property rights, privacy rights, or other rights of a third party (including End Customers). ABDRABBOH'S WINNERS CIRCLE, INC will promptly notify the Client of any such claim and reasonably cooperate (at the Client's expense) in the defense. The Client may not settle any claim in a manner that admits fault on or imposes obligations on ABDRABBOH'S WINNERS CIRCLE, INC without prior written consent.

Limitation of Liability: To the fullest extent permitted by law, ABDRABBOH'S WINNERS CIRCLE, INC and its affiliates, officers, employees, and agents shall not be liable to the Client or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, lost savings or revenue, lost or corrupted data, or loss of goodwill, arising out of or in connection with the use or inability to use the Services. This exclusion applies regardless of the theory of liability, even if the Company has been advised of the possibility of such damages.

Liability Cap: In the event that liability is not otherwise excluded, the total cumulative liability of ABDRABBOH'S WINNERS CIRCLE, INC for any and all claims shall not exceed the amount the Client paid to the Company in the twelve (12) months preceding the event giving rise to the claim. If no fees have been paid, the liability cap is fifty US dollars (USD $50).

Exceptions: Some jurisdictions do not allow limitations or exclusions of certain liabilities. In such cases, the liability of ABDRABBOH'S WINNERS CIRCLE, INC will be limited to the maximum extent permitted by law.

Release: To the extent permitted by law, the Client releases ABDRABBOH'S WINNERS CIRCLE, INC from any and all liability related to the acquisition or non-acquisition of reviews, or the content of any review written by an End Customer, even if such review was solicited via the Services.

36. MISCELLANEOUS

Modifications to Terms: ABDRABBOH'S WINNERS CIRCLE, INC reserves the right to modify or update these Terms at any time. If a change is made, we will provide you with reasonable notice, either by emailing the last email address associated with your account, by posting a notice within the Service, or by other reliable means. Continued use of the Services after the effective date of updated Terms constitutes acceptance of the changes. If you do not agree, you must stop using the Services and cancel your subscription.

Entire Agreement: These Terms, including any Order Form or documents incorporated by reference, constitute the entire agreement between the Client and ABDRABBOH'S WINNERS CIRCLE, INC regarding the Services and supersede all prior agreements.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Any unenforceable term will be modified to the minimum extent necessary to be enforceable.

No Waiver: Any failure by ABDRABBOH'S WINNERS CIRCLE, INC to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

Assignment: The Client may not assign its rights or obligations under these Terms without written consent from ABDRABBOH'S WINNERS CIRCLE, INC. The Company may assign its rights freely.

Relationship of Parties: The relationship between ABDRABBOH'S WINNERS CIRCLE, INC and the Client is that of independent contractors. Nothing in these Terms shall create a partnership, joint venture, or agency relationship.

Force Majeure: ABDRABBOH'S WINNERS CIRCLE, INC shall not be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, war, Internet outages, or pandemics.

Notices: Notices to the Client will be given to the contact information on file. Notices to ABDRABBOH'S WINNERS CIRCLE, INC should be sent to our official business address or designated email. Notices are effective upon personal delivery, email confirmation, one day after overnight courier, or three days after postal mailing.

Headings and Interpretation: Section headings are for convenience only and shall not affect interpretation. Words in the singular include the plural and vice versa. "Including" means "including without limitation."