Terms and Conditions of LottoFish Application and Services
Last updated: May 10, 2021
IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. LOTTOFISH, INC. IS NOT AFFILIATED, OR ENDORSED BY ANY STATE LOTTERY OR GOVERNMENT AGENCY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE IN THEIR ENTIRETY, DO NOT ACCESS OR USE THE SERVICE.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between you, as either an individual or as a business entity (“You” or “Your”) and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Service.
Your access to and use of the Service (LottoFish App) is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not use the Service.
LOTTOFISH, INC. RESERVES THE RIGHTS TO MODIFY AND REPLACE THE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE. YOU ARE RESPONSIBLE FOR REVIEWING THE TERMS AND CONDITIONS AND AGREEING BEFORE USING SERVICE. Your continued use of the Application following such material changes constitutes Your affirmative consent to the changes.
LottoFish complies with all state laws and regulations and obtains Tickets from official licensed retailers. LottoFish is a third-party service acting on Your behalf. When purchasing a lottery Ticket through LottoFish, You are placing an order for a lottery Ticket and not purchasing a lottery Ticket directly. LottoFish will fulfill the order through a licensed retailer in the jurisdiction where the order was placed. LottoFish is the retailer's authorized agent for accepting payment from Users.
Unless otherwise defined elsewhere in these Terms, capitalized words used in these Terms shall have the meaning set forth in the following list of definitions and shall have the same meaning regardless of whether they appear in singular or in plural form.
For the purposes of these Terms and Conditions:
A. Accounts. In order to access the full benefits of the Service, you will have to create an Account. You may never use another User's Account without permission. When creating Your Account, You must provide certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method supported by Company (as specified defined below). You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to order Tickets or use the Service. You are solely responsible for the activity that occurs on your Account, including safeguarding Your password and/or credentials used to access the Application other products, services, or activities made available by the Service through Your use of such password and credentials. You are responsible for the security of Your Account. If You suspect or know of any unauthorized use of Your log-in credentials or any other breach of security with respect to Your Account, You must notify LottoFish immediately. LottoFish will not be liable for any loss or damage arising from any unauthorized use of Your password and/or credentials prior to You notifying the Company of such unauthorized use or loss thereof. Although Company will not be liable for Your losses caused by any unauthorized use of your account, including refunding and or canceling any Orders, you may be liable for the losses of LottoFish, or others, due to such unauthorized use.
B. Using the Service. To create an Account, order Tickets, participate in the Referral Rewards Program, and/or claim prizes on the Service You must, at the time of registration:
C. Eligibility. If LottoFish determines You are not eligible to use the Service, Your account will be suspended or terminated, as LottoFish may determine in its sole discretion and You will not be authorized to access to the Service during such time of suspension or after termination. LottoFish may request proof from You which demonstrates that You are eligible to participate in the Service prior to joining a Lottery Pool, ordering a Ticket, or withdrawing funds from the Services. This may include requesting You fill out an affidavit of eligibility or other verification information the Company deems necessary. LottoFish does not intend for the Service to be used by persons present in jurisdictions in which participation is prohibited or restricted. Company reserves the right to withhold revoked funds to use in furtherance of its fraud prevention or anti-money laundering efforts. LottoFish reserves the right to terminate Your account, restrict Your account from joining a Lottery Pool, restrict Your account from purchasing Tickets, restrict Your account from interacting with other LottoFish Users, withhold or revoke the funds associated with Your account or limit Your ability to withdraw. LottoFish reserves the right to deny access to the Service to anyone at its sole discretion.
Additional improper conduct that may restrict, disqualify, or result in legal or civil disciplinary action are:
If for any reason (i.e. computer virus, bugs, tampering, unauthorized intervention, actions by other Users, fraud, technical failures, server failures, operational failures, etc.) the Services are not functioning properly, LottoFish reserves the right, in its sole discretion, and/or to disqualify any individual implicated in or relating to the cause of the disruption and/or any Ticket(s), Order(s) or Lottery Pool(s) in connection therewith.
If one or more Users has won a prize from a winning Ticket, LottoFish will notify the User(s) in the winning pool through a notification on the Application and individually through each Users’ respective personal email. If Your prize value from a winning Ticket is less than or equal to the In-Store Redemption Threshold (below $600), LottoFish will automatically credit Your Account for the full prize value (more details in “Lottery Pool Winnings” section). If the prize is over the $600 in-store threshold, the winnings will be claimed on a lump-sum basis and disbursed in one of the ways described in “Lottery Pool Winnings” section (as determined by LottoFish in its sole discretion and/or as required by applicable state law). LottoFish will hold onto Users’ Tickets for up to 3 months for Users who would like their physical copy mailed to them. Due to our commitment to the environment, all ticket orders will be printed on the same slip as much as possible, up to 5 orders max per slip.
Regarding Taxes: You acknowledge that You are responsible to report Your income and pay any taxes due to the appropriate federal, state, and local authorities in the jurisdiction You currently reside in or resided in at the time of winning any sum of winnings. You further acknowledge that a relevant lottery organization may retain a portion of Your winnings (per state lottery rules) and forward it to the appropriate taxing authority on Your behalf. LottoFish does not provide tax advice, nor should any statements in this document or on the Service be construed or interpreted as tax advice. Consult Your personal tax advisor to determine the correct tax reporting and obligations for any and all winnings.
When entering a Lottery Pool, You agree and acknowledge that You are entering into a contractual agreement between Yourself, the other Lottery Pool members, and LottoFish, Inc. for the purpose of jointly participating in the Lottery Pool for that particular Designated Drawing and sharing any prizes resulting from any member in the Lottery Pool winning a prize.
1. Entering a Pool
a. Each Lottery Pool is for one specific lottery (i.e. Powerball, Mega Millions, etc.) and for one Designated Drawing only.
b. Any winning pool Ticket that has a total prize value less than or equal to $600 (in-store redemption threshold) and is part of the specific winning Lottery Pool, will be redeemed by LottoFish, Inc. on behalf of the specific winning pool members. The total value of all prizes won from winning Lottery Pool Tickets whose prizes are less than the in-store redemption threshold will be divided equally among all pool members. Any remaining cents that cannot be distributed equally will be distributed in the order in which the Tickets were purchased.
c. Winning pool Tickets with a prize value that is greater than $600 will be claimed on a lump sum basis and disbursed in one of two ways, with the disbursement method choice determined in the sole discretion of LottoFish and/or as required by applicable state law, as follows:
i. The prize will be split by the Regulator. Every member of the winning Lottery Pool will be required to provide to LottoFish their social security number and address in order to receive their share of the prize. LottoFish, Inc. will then provide this information to the Regulator and each winning Lottery Pool member will receive a check for their share of the prize. Taxes may or may not be withheld depending on the amount and the Regulator. Each individual Ticket Pool member is responsible for paying any taxes that are required and not already withheld by the Regulator upon disbursement of payment.
ii. The prize will be claimed by LottoFish, Inc., or an officer of LottoFish, Inc., in each case on behalf of the winning Lottery Pool members. Every Lottery Pool member from the winning Lottery Pool must provide LottoFish with their social security number and address in order to receive their share of the prize. Neither LottoFish nor the officer will retain any of the funds on its own behalf. The funds will be disbursed to the individual Lottery Pool members accordingly. By participating in a Lottery Pool, You grant LottoFish the right to claim prizes on Your behalf and disburse the funds. You also authorize the California Lottery to provide LottoFish with any information relating to the withholding of funds in Your name for any purpose permitted by the California Lottery rules and applicable regulations and state law. This includes, without limitation, back taxes and withholdings for child support payment. Subject to all applicable requirements herein and under applicable law, LottoFish or the designated officer, as applicable, shall disburse the funds to the winning Lottery Pool members within a reasonable time following receipt of such funds.
iii. In either case, taxes may be withheld as required by applicable law. In any event, it is the responsibility of the individual Lottery Pool member to account for, report, and pay all applicable taxes in accordance with any applicable regulations in their Jurisdiction.
2. Lottery Pools Contributions
Users will have the option to enter a small or large pool. A small pool has a 50 person limit and a large pool has a 100 person limit, per California Lottery rules and regulations. In any given Lotter Pool, Users will also have the following three options to choose from that designates the amount of Tickets each User contributes to that specific pool: (i) a “1x Pool” where every User purchases and contributes one Ticket each; (ii) a “3x Pool” where every User purchases and contributes three Tickets each; and a “5x Pool” where every User purchases and contributes five Tickets each. These purchases and contributions are only valid for the Designated Drawing. Every member contributes evenly and therefore receives an even share of the winnings if there is a winning Ticket(s) in the specific Lottery Pool for the Designated Drawing.
i. Micro pool is a free in-app reward feature that is offered on the weekend. All valid users are given one free entry and contribute no money towards the micro pool. The proceeding process is the same as a regular pool; if the numbers match any size win, everyone in the micro pool receives an equal share of the prize.
3. Contribution Deadlines
You may only purchase Tickets to enter a Lottery Pool before the stated pool deadline. The pool deadline will be published and available to everyone in the same area on the Service where You purchase Tickets. Any actual or attempted orders after the pool deadline or after the Designated Drawing has commenced shall be void and will not give You the rights to any prize sharing, or otherwise, with respect to that particular order, as described in these Terms.
4. Number of Pool Members
LottoFish makes available for Users both a small Lottery Pool and a large Lottery Pool. A small pool will be filled with 50 members and a large pool will be filled with 100 members. The designated size of the Lottery Pool will be conspicuously posted on the Service and labeled as “50 Fish” or “100 Fish.” Due to CA Lottery regulations, LottoFish has a 100 member limit for any particular Lottery Pool.
5. Lottery Pool Manager
LottoFish, Inc. will act as manager or “Captain” and will be responsible for managing and administering any Lottery Pools for or associated with the Designated Drawing that are subject to these Terms and/or that otherwise involve Lottery Pool Tickets ordered through the Service.
6. Prize Sharing in a Pool
All members shall have an equal contribution in any option of Lottery Pools available and are entitled to such an equal stake in any of the winnings. All members purchase the same amount of Tickets as other members in the pool per the “1x (one Ticket), 3x (three Tickets), 5x (five Tickets)” options. Any remaining cents that cannot be disbursed equally will be distributed in the order in which the Tickets were purchased.
7. Claiming and Disbursing Prizes and Winnings
a. In the case where one or more pool Tickets are winning pool Tickets for a Designated Drawing, LottoFish will send You a notification through your Account on the Service and via your personal email notifying You of Your entitled share of the winnings or prizes. Upon receiving these notifications from LottoFish, You will have seven (7) days following receipt of such notice to fill out and/or sign any form necessary for claims to be properly processed. A claim form, that includes IRS Form 5754, requires that each pool member provide their own personal social security number and address to properly conduct tax filings, including Form W-2G, as well as to search for child support payments, back taxes, and other required deductions. YOU AGREE TO PROVIDE LOTTOFISH AND THE CALIFORNIA LOTTERY WITH THIS INFORMATION WITHIN THE SEVEN (7) DAY TIMEFRAME AND YOU AGREE TO BE SUBJECT TO THESE SEARCHES AND WITHHOLDINGS ALL AS A CONDITION TO RECEIVING ANY FUNDS FROM WINNING LOTTERY POOLS. YOU ALSO AUTHORIZE THE CALIFORNIA LOTTERY TO PROVIDE LOTTOFISH WITH ANY INFORMATION RELATED TO YOUR WITHHOLDINGS IN ORDER FOR LOTTOFISH TO DISTRIBUTE FUNDS TO THE POOL MEMBERS. IF YOU FAIL TO MEET ANY OF THESE REQUIREMENTS SET FORTH ANYWHERE IN THESE TERMS, YOU HEREBY FORFEIT ALL CLAIMS, TITLES, RIGHTS, AND INTERESTS IN ANY WINNINGS OR PRIZES FROM THE WINNING LOTTERY POOL FOR THE WINNING TICKET(S) IN A DESIGNATED DRAWING. In the unfortunate event of a member forfeiting all such winnings, (less necessary withholdings or other required deductions) those forfeited winnings shall be allocated and disbursed to the remaining pool members who properly completed all the required claim forms in the required time period.
b. In the rare instance where there is only 1 person in a pool and that 1 person wins a prize over $600, the winning Ticket will be mailed to the winner or the winner has the option to drive to LottoFish Headquarters and pick the winning Ticket up in person. LottoFish is not responsible for any Ticket lost in the mail.
LottoFish may offer bonus Tickets through a referral program for marketing purposes whereby a User may earn one (1) free lottery Ticket for the Powerball Lottery for each new User that signed up for a new Account using a unique referral code. There is no limit to the amount of new Users any individual User may invite and so each such User may theoretically earn an unlimited amount of free lottery Tickets from this referral program, unless otherwise designated by LootFish and subject to the eligibility of each new User. Both the existing User who invited and the new User who signed up using the unique referral code will receive one (1) bonus Powerball Ticket, provided that the new User (i) meets LottoFish’s eligibility requirements and (ii) deposits ten dollars ($10) into their new LottoFish account. Once the new User meets the foregoing requirements I (i) and (ii), both the new User and their referring User will receive their bonus Powerball Tickets upon full release of the Application. Except as permitted by LottoFish, these rewards resulting from the referral bonus program are non-transferrable, may not be resold, and are not redeemable for cash or other consideration. You agree that We may change the terms of the referral program, terminate the referral program, or expire, deduct, limit, or modify Your referral program rewards at any time for any reason, including but not limited to, in the event that LottoFish determines or believes that Your participation in the referral program or use or redemption of referral program codes was in error, fraudulent, illegal, or otherwise in violation of these Terms.
A. Withdrawable Credits/Winnings
You may withdraw credits You receive from a winning Ticket(s) from a winning pool for a Designated Drawing if the total prize value from the winning Ticket(s) are below the in-store redemption threshold of $600.
B. Non-withdrawable Credits
LottoFish may offer free bonus Tickets through a referral program, promotion, contest, compensation, and refunds; all of these types of in game value have no cash value and are non-withdrawable, non-transferable, and meant to be used only within the Application.
C. Refunds and Cancellations
All sales through the Application are final and any Tickets purchased therefrom are not refundable and Orders successfully placed may not be canceled at any time. LottoFish will not be responsible for any refunds on any Ticket Orders for pool entries You may claim were placed inadvertently or by mistake or accident. You are responsible for diligently reviewing any Orders before placing them. If LottoFish is not able to verify Your bank card information, Your Ticket pool entries may be canceled and Your account may be suspended (in LottoFish’s sole discretion). If Your suspension escalates to account cancellation, You will be subject to forfeiture of prizes awarded from winning Lottery Pool Ticket(s) and may be permanently prohibited from using this Application in any capacity. All remaining unplayed LottoFish credits will be forfeited to LottoFish upon account cancellation. You shall have no recourse and LottoFish shall have no liability as a result of any such cancellation. In the event of any account suspension or termination, all provisions of these terms relating to User warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such suspension or cancellation. In the event of the death of a LottoFish User, all available withdrawable credits will be paid in accordance with these Terms, to the representative under his/her last will and testament or, if there is no will, in accordance with the laws of California. LottoFish may, in its sole discretion, require proof and documentation to establish that the User is deceased and the individual or entity claiming the withdrawable Credits is entitled to them before paying such withdrawable credits.
D. Chargebacks/Insufficient Fund Charges
You are solely responsible for any and all bank and legal fees for Yourself and incurred by LottoFish that are associated with Your disputed charges or chargebacks or insufficient funds for orders or attempted orders made on the Service. LottoFish reserves the right to charge You a fee for any such bank or legal fees LottoFish incurs. You will be notified through e-mail of any issues relating to this, it is Your responsibility to keep Your personal information up to date so as to be able to receive such notices. It is LottoFish’s sole discretion to suspend or terminate Your account for overcharges or insufficient fund charges. LottoFish may also withhold any present or future funds in case LottoFish incurs bank or legal fees associated with disputed charges and chargebacks or insufficient funds related to Your LottoFish Account.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card or debit card number, the expiration date of Your credit card, Your billing address, and Your home address information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
By downloading and using the Application, LottoFish reserves the right to modify, suspend, and terminate (temporarily or permanently) at any time, with or without notice to You. You also agree that LottoFish will not be liable to You or any third party for any modification, suspension, and/or termination of the User and services. You agree that LottoFish reserves the right to modify or discontinue the entire service as a whole with or without notice to You. This includes but is not limited to, technical issues, operational issues, software updating, and patching, etc. You acknowledge and agree that any or all of LottoFish’s services may be terminated in whole or in part at LottoFish’s sole discretion with or without notice to You. You assume any and all risk of loss associated with the termination of our services, for any reason.
A. Changes to These Terms. You understand and agree that the We may change these Terms at any time in Our sole discretion without prior notice, provided that the We will use reasonable efforts to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised version of these Terms that you may be required to accept in order to continue using the Service. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If any change to these Terms is not acceptable to You, then Your sole remedy is to stop accessing, browsing, and otherwise using the Service. These Terms, as they may be amended, will govern any updates We provide to you that replace and/or supplement any portion of the Service, unless such update is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern. If You do not agree to the new terms, in whole or in part, please stop using the Service.
B. Jurisdiction. The Service is controlled and operated by LottoFish from its offices in the State of California, USA, and these Terms will in all respects, be governed by and construed and enforced in accordance with the laws of the State of California (without giving effect to any choice or conflict of laws). The Company makes no representation that materials on the Service are appropriate, lawful, or available for use in any locations other than California. Those who choose to access the Service from locations outside California, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Application or use of the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
C. Age Eligibility. The Service is restricted for use by any persons under the age of 18 or for any Users previously removed from the Service by Company. Before using the Service, you affirm that you are eighteen (18) years of age or older, and are fully able and competent to enter into, abide by, and comply with these Terms. IF YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE, YOU ARE HEREBY EXPRESSLY PROHIBITED FROM USING THE SERVICE.
D. Mobile Services. The Service is accessible via Mobile Services. Your use of the Mobile Services is hereby an acknowledgment and acceptance of Your mobile carrier’s normal messaging, data, and other rates and fees, which may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your mobile carrier; not all Mobile Services may work with all carriers or devices. Therefore, You are solely responsible for verifying with Your mobile carrier as to whether the Mobile Services are available for Your mobile device(s), and what restrictions or additional cost, if any, may be applicable to Your use thereof.
E. License. LottoFish gives You a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Application, and any software provided to You as part of the Service. This license has the sole purpose of enabling You to use and enjoy the benefit of the Service as provided by LottoFish, in the manner permitted by these Terms. You may not reverse engineer, decompile or disassemble the Application or attempt to gain access to the source code for the Application, except and only to the extent that it is expressly permitted by applicable law, and, to the extent applicable law permits contractual waiver of such right, You hereby waive your rights to do so.
F. Company Trademarks; Copyrights. The Service is protected by trademark, copyright, and other laws of both the United States and foreign countries. Nothing in these Terms gives you a right to use the LottoFish, Inc. name, or any of the LottoFish trademarks, logos, domain names, and other distinctive brand features or copyrighted material displayed on the Application, or elsewhere as provided by the Service. All right, title, and interest in and to the Service are and will remain the exclusive property of LottoFish. Any feedback, comments, or suggestions you may provide regarding LottoFish, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
G. No Transfer or Assignment. You may not transfer or assign Your rights to use the Service, these Terms, and/or any rights or obligations hereunder without the prior written consent of the Company.
H. Restrictions. The Service is provided “as is” without warranties of any kind and the Company’s liability to You is limited. Users of the Application may direct you to visit third party websites or services that are not owned or controlled by LottoFish. LottoFish has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites or services, and Company will not and cannot censor or edit the content of any such third-party site or services. The Company hereby reserves all rights not expressly granted to you in these Terms. Accordingly, nothing in these Terms or contained within the Service will be construed as granting to you, by implication, estoppel, or otherwise, any additional license rights in and to the Service or trademarks located or displayed therein. By using the Service, and by choosing to visit any third-party website or engaging in any action made known or available to you while using the Service, you acknowledge that you are doing so at your own discretion and you expressly relieve Company from any and all liability arising from your use of any third-party website or engagement of any third party services.
K. Except as expressly agreed by the Company and you, these Terms constitute the entire agreement between You and the Company with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. The Section headings are provided merely for convenience and will not be given any legal import.
L. Assignment. These Terms will inure to the benefit of our successors and assigns. You may not assign these Terms or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of the Company. Company may assign these Terms or any of the rights or obligations hereunder, and any causes of action arising hereunder, to any third party without necessity or obligation of notice to You.
M. Ticket Purchase Limit. LottoFish imposes daily funding and Ticket purchase limit per Account holder and may in its sole discretion change the daily funding or purchase limit on an individual basis.
N. Miscellaneous. The waiver or failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further right hereunder. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms or use of the Service.
A. Mandatory Arbitration. Please read this carefully. It affects your rights. THE YOU AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information.
B. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by a reputable courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to the Company, to you via any other method available to the Company, including via e-mail. The Notice to the Company should be addressed to: LottoFish, Inc. 68550 Joaquine Ct., Cathedral City, CA 92234 (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If You and the Company do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, You or the Company may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY JAMS (“JAMS”) IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS OR SUBSEQUENT VERSIONS THEREOF, INCLUDING THE OPTIONAL APPEAL PROCEDURE (THE “JAMS RULES”). The Jams Rules and JAMS forms are available at www.jamsadr.com.
C. Arbitration Proceeding. The arbitration will be conducted in English. A single independent and impartial arbitrator with his or her primary place of business in Los Angeles County, California will be appointed pursuant to the Jams Rules, as modified herein. You and the Company agree the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. Equitable Relief; No Injunctive Relief. The foregoing provisions of this Dispute Resolution Section do not apply to any claim in which LottoFish seeks equitable relief to protect its intellectual property, including copyrights, trademarks, or patents.
E. Claims. You and the Company agree that: notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms, or the Service, excluding a claim for indemnification, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. All claims you bring against the Company must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to this Dispute Resolution Section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution Section, the Company may recover its attorneys’ fees and costs, provided that the Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
F. Terms Modifications. In the event that the Company makes any future change to the Mandatory Arbitration provision (other than a change to the Company’s Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Company’s Arbitration Notice Address, in which case your Account and Your license to use the Service hereunder will terminate immediately. This Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of these Terms.
A. THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, OR TIMELINESS OF THE SERVICE. THE COMPANY PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE DURING YOUR USE THEREOF. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AT YOUR OWN RISK.
B. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE IS FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO COMPANY PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
C. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
D. IN NO EVENT WILL ANY COMPANY PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
A. To the maximum extent permitted by applicable law, You agree to indemnify and hold harmless the Company Entities, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable outside attorneys’ fees) arising from: (i) Your use (or misuse) of and access to the Service; (ii) Your violation of any term of these Terms; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your actions caused damage to any third party. This defense and indemnification obligation will survive these Terms.
If You have any questions about these Terms and Conditions, You can contact us: