Welcome to OwnersBox! OwnersBox is a fantasy sports platform that allows you to join, draft, and compete in skill-based fantasy sports contests! Before using OwnersBox, please take some time to carefully read our Terms of Service below (“Terms,” or “Agreement”). These Terms constitute a binding contract between you and OwnersBox.

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1. Acceptance of Terms

By creating an account, using the website located at OwnersBox.com (including all the areas available through such website, collectively, the “Site”), downloading the OwnersBox mobile application (“App”), and/or using the various fantasy sports or information services (collectively, such services, including any new features and applications, together with the Site and App, the “Services”) offered by OwnersBox 3.0 Corporation, a Delaware-based operator, (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively “OwnersBox,” “we,” “us,” and/or “our”), or by visiting or browsing the Services, you, the user (collectively “Users,” or “you”), acknowledge and agree to these legally binding Terms. You also agree to the OwnersBox Privacy Policy (“Privacy Policy”) and all other contest rules, operational rules, policies, and procedures that may be published on the Services by OwnersBox, which are incorporated by reference.

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You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and that you are able to abide by and comply with this Agreement.

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2. Modification to this Agreement.

OwnersBox may, at its sole discretion, change these Terms, including the OwnersBox Privacy Policy, from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the Site or App, or by email to the email affiliated with your account. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. For the avoidance of doubt, ongoing Contests (as further defined below) shall be subject to the version of the Terms that is in effect at the start of the Contest. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.

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OwnersBox reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that OwnersBox shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services, provided that any ongoing contest shall be cancelled and you will be refunded any applicable entry fee. OwnersBox may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

It is your responsibility to check the Terms regularly for changes; you shall be responsible for reviewing and becoming familiar with changes to the Terms. Use of the Services, including but not limited to logging into your Account or otherwise accessing the App or Site in any capacity other than for the exclusive purpose of reviewing these Terms by you after any modification(s) or revision(s) to the Terms constitutes your acceptance of the modified or revised Terms in full.   

 

3. OwnersBox Account

3.1 Creating Your OwnersBox Account

You may view Content (as further defined below) on the Site or App without registering for an account, but as a condition of using certain aspects of the Services, including entering Contests you are required to create an OwnersBox account (“Account,” as further defined below). You must be at least eighteen (18) years of age, or the age of majority in your applicable state, to enter any Paid Contests.

You represent that the information in your Account and any other information you otherwise provide to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. We reserve the right to suspend or terminate your Account or your access to the Services if any information provided to us proves to be inaccurate, not current, or incomplete.

Upon Account creation, you are required to choose a username for yourself and submit it. You may not use a username that promotes a commercial venture or a username that OwnersBox in its sole discretion deems offensive. OwnersBox may require you to change your username.

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3.2 Account Confidentiality

Please keep your email and password secure. You are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer or other Device(s). You agree to accept full responsibility for all activities, charges, and damages that occur under your Account. It is a violation of these Terms to knowingly allow another person to use your Account to participate in a Contest. If you discover an unauthorized use of your Account, or other known Account-related security breach, you must report it to OwnersBox immediately. You agree that you are responsible for anything that happens through your Account until you close your Account or prove that your Account security was compromised due to no fault of your own. OwnersBox shall not be liable for any loss or damage arising from your failure to comply with this Section.

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3.3 One Account

Each individual user may establish only one (1) Account. For avoidance of doubt, users may not “co-own” accounts on the Service. In the event OwnersBox discovers that you have opened more than one account, in addition to any other rights that OwnersBox may have, OwnersBox reserves the right to suspend, limit, or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.

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3.4 Purpose of Account

You agree that the sole and specific purpose of creating an Account on OwnersBox is to participate in fantasy sports Contests. OwnersBox shall be entitled to suspend, limit, deactivate or terminate your Account, if we determine, in our sole discretion, that you are violating these Terms; violating or conspiring to violate any local, state or federal law or regulation; depositing funds without the intention of using them in Contests; violating, or causing OwnersBox to violate any agreement it has with any third party, including payment processors and other financial institutions; or otherwise abusing or misusing the Services in any way whatsoever. In such circumstances, we may also report such activity to relevant authorities.

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4. Eligibility

There are restrictions on who may have access to Paid Contests (as further defined below), and where those persons may access the Paid Contests. This Eligibility section applies to Paid Contests. In order to enter Contests, you must be physically located within one of the states, territories, or jurisdictions in which OwnersBox operates and is made available for consumer play (collectively, “Eligible Jurisdictions,” and each an “Eligible Jurisdiction”). A full list of Eligible Jurisdictions, which may be updated from time to time at OwnersBox’s sole discretion, can be found at www.OwnersBox.com. “Excluded Jurisdictions” shall mean the states, territories, and jurisdictions that are not Eligible Jurisdictions.

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You must also be at least eighteen (18) years of age to participate in Contests or win prizes offered through OwnersBox Paid Contests. In jurisdictions, territories, and locations where the minimum age for permissible use of Paid Contests is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. Legal residents physically located in Canada or any of the fifty (50) states and Washington, DC in the United States of America, excluding Arizona, Connecticut, Delaware, Hawaii, Idaho, Indiana, Iowa, Louisiana, Mississippi, Montana, Nevada, New York, and Washington (the “Excluded Jurisdictions”) are eligible to open an account and participate in Paid Contests offered by OwnersBox.

• By depositing money or entering a Paid Contest you are representing and warranting that:

you are of 18 years of age or older (or the minimum age for permissible use in your jurisdiction)

• at the time of deposit or game entry you are physically located in a jurisdiction in which participation in the Contest is not prohibited by applicable law or these Terms;

• you are not listed on any governmental list of prohibited or restricted parties;

• you will abide at all times with this Agreement and any other agreements between you and OwnersBox regarding your use of the Services;

• when depositing funds or entering a Paid Contests, you are not physically located in of any of the Excluded States;

• you are not subject to backup withholding tax from any governmental authority;

• When entering any Contest that awards prizes, you are not an Employee, Immediate Family Member, contractor, or operator of OwnersBox or any other daily fantasy site that charges entrance fees or offers cash prizes;

• You do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about Contest-related information.

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OwnersBox employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. Relatives of OwnersBox employees with whom they share a household are not eligible to participate in contests unless they are non-public Contests with other OwnersBox employees or household members. OwnersBox consultants or promoters of the Service may play in Contests without such limitation, but only if (i) their arrangement with OwnersBox does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.

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If OwnersBox determines that you do not meet the eligibility requirements of this section, then you are not authorized to enter Paid Contests. OwnersBox may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information. If OwnersBox otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that OwnersBox may have in law or equity, OwnersBox reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, OwnersBox may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, to be precisely determined by OwnersBox in its sole discretion. OwnersBox also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.

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5. Availability of the Services

You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.

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OwnersBox may limit access, via technological means, to the Services in the Excluded States. If you attempt to deposit money into an Account or play in any Contest in which a prize is awarded while located in an Excluded State, you will be in violation of the law of such Excluded State and these Terms, and subject to having your Account suspended or terminated. You hereby agree that we cannot be held liable if the laws applicable to you result in the restriction or prohibition of your participation.

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6. Contests

After you create an account, you will be able to visit the Site or App and view games available for entry (“Contests”). It is your responsibility to know and understand the rules and required entry fees for any given Contest. Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize. Residents of the Excluded States are not eligible to participate in our Paid Contests.

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6.1 Entry Fee

Paid Contests each have an entry fee listed in US dollars. The entry fee may vary from Contest to Contest. When you choose to enter a Paid Contests and complete the entry process, the requisite entry fee will be debited from your OwnersBox account upon sign up. Once you submit your contest entry, all payments are final and no refunds will be issued. If a contest is cancelled prior to running, the contest entry fee is refunded to your OwnersBox account. 

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6.2 Conditions for Entry

To be eligible to enter any Contest or receive any prize, then you may be required to provide OwnersBox with additional documentation and/or information to verify your identity as the account holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an account holder, OwnersBox will, in its sole and absolute discretion, utilize certain information collected by OwnersBox to assist in verifying the identity and/or eligibility of such account holder. OwnersBox reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.

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OwnersBox contractors and employees (“Employees”) and Immediate Family Members (an “Immediate Family Member” means any domestic partner and relative of the employee who resident at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any Paid Contests on OwnersBox, however, Employees and Immediate Family Members are permitted to play in private, non-public Contests.

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By entering a Contest, entrants agree to be bound by these Rules and the decisions of OwnersBox, which shall be final and binding in all respects. OwnersBox, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information OwnersBox deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants. These Terms prohibit entering a Contest if the entrant is:

• Ineligible for a given contest (for example, entering into a beginner when you do not have an account or using multiple accounts to appear as a beginner);

• Except as otherwise stated in the Eligibility section above, an OwnersBox Contractor, Employee or an immediate family member of such employee;

• An employee or operator of any daily fantasy site including any that charges entrance fees or offers prizes, and any Immediate Family Member of any such person;

• Accessing or has had access to any pre-release, confidential information or other information that is not available to all other entrants and that provides the entrant an advantage, including any information from any daily fantasy sport site or information from a sport’s governing body (e.g., pre-release injury information) (“Pre-Release Data”);

• An employee, operator, or consultant to a sport’s governing body where such employee, operator or consultant is prohibited from participating in applicable contests by such governing body;

• A professional or amateur athlete, sports agent, coach, team owner, team employee, referee or league official or employee, or an immediate family member a professional or amateur athlete, sports agent, coach, team owner, team employee, referee or league official or employee if the contest is in the sport in which they are associated; or

• A person prohibited from participating pursuant to court order.

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In addition, conduct that would be deemed improper also includes, but is not limited to:

• Falsifying any personal information required to create an account, to enter a Contest, or claim a prize;

• Unauthorized use of any third party’s Account;

• Creating multiple Accounts;

• Dealing, in any way, with any third party who may be able to influence the outcome of any Contest;

• Any attempt to tamper with, manipulate or influence the Services, software, or any security measure;

• Obtaining, by circumventing safeguards or via other unauthorized methods on the Services, non-public information from other entrants;

• Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a Contest or claim a prize;

• Colluding with any other individual(s) or engaging in any type of syndicate play;

• Any violation of Contest rules or the Terms;

• Using a single Account to participate in a Contest on behalf of multiple entrants or otherwise collaborating with others to participate in any Contest;

•  Using automated means (including but not limited to scripts and third-party tools) to interact with the Services in any way;

• Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Services or of any User for any purpose; or

• Abusing the Services in any way.

Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent OwnersBox from pursuing criminal or civil proceedings in connection with such conduct.

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6.2.1 Indemnification for Contest Entry

By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless OwnersBox, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. OwnersBox may, in its sole and absolute discretion, require the account holder to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.

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6.3 Contests of Skill – Paid Contests​

All Contests offered on the Services are contests of skill. Each of our Contests are governed by specific rules, as may be modified from time to time, which are incorporated into these Terms by this reference. Winners are determined by the objective criteria described in the Contest rules, scoring guidelines, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant information and rules to accumulate the most points according to the corresponding scoring rules. The Services may not be used for any form of illicit gambling.

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6.4 Contest Results and Prizes​

Prizes will only be awarded if a Contest is completed. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer’s OwnersBox account except as specifically provided in this Agreement.

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The players in each Contest who are deemed winners and comply with eligibility requirements and applicable rules will win predetermined prizes as set out in the Contest Prize Table (as further defined below). After each Contest ends, the tentative winners are announced but remain subject to final verification. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. Prizes will be awarded as soon as reasonably practicable following the conclusion of each Contest and all monetary winnings will be deposited directly into your OwnersBox Account.

Once winners are selected and prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. 

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Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Further, you acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not comply with and or adhere to this Agreement, we may disqualify you from any Contest entered, in which case any prizes awarded to you as a result of said Contest will be immediately forfeited. You agree to cooperate with our efforts to reverse payments for violations or errors. Any amounts mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you. You grant OwnersBox the right to request that your bank freeze, seize and/or reverse any funds that were derived from amounts awarded in error by OwnersBox.

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No substitution or transfer of prize is permitted except at our sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by us. If any legal authority challenges the award and/or your receipt of a prize for winning a Contest, OwnersBox reserves the right in its sole discretion to revoke, cancel, suspend, substitute, or modify the award of such prize. In all disputes arising out of the determination of the winner of OwnersBox Contests, OwnersBox is the sole judge and its actions are final and binding.

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6.5 Contest Statistics and Live Scoring

To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the Services and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. While OwnersBox and the third parties used to provide the Services use reasonable efforts to include accurate and up-to-date information, neither OwnersBox nor its third-party providers warrant or make any representations of any kind with respect to the information provided through the Services and related information sources. OwnersBox and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Services and related information sources, and shall not be responsible or liable for any error or omissions in that information.

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6.6 Stat Corrections

OwnersBox takes every effort to ensure that accurate, up-to-date scoring is applied across all Contests. However, OwnersBox does not guarantee the accuracy of any scoring or stat corrections. Official scores and results will be posted at the conclusion of the sporting event or competition once it has been declared official and all official box scores and statistics are posted. However, in some cases, clear and obvious stat corrections posted by either OwnersBox’s third-party data provider or the official statistics provider for the event or competition may be retroactively applied to entries and taken into consideration for determining how to score the Contest at OwnersBox’s discretion.

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6.7 Contest Cancellation

We reserve the right, in our sole discretion, to cancel or suspend any Contest (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Contest (or any portion thereof). This section specifically includes when a Contest Prize Table has been tampered with. We may provide you with notification of such cancellations or suspensions, but will not be obliged to do so. In the event that a Contest is cancelled altogether prior to the Contest running, no Contest entry fee will be payable by you and any amounts that were to be used for the purpose of entering the Contest will once again be made available to you via your account.

 

7. Deposits and Withdrawals

7.1 Payment

Creating an OwnersBox account is free. However, there are associated fees for certain Contests and Account types. When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged.

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To pay for such services, you must provide OwnersBox with the information necessary to process such order including, but not limited to, your billing address and payment method. You agree to pay OwnersBox the charges incurred in accordance with these Terms and applicable pay services. If you dispute any charges, you must inform OwnersBox in writing within thirty (30) days of being billed by OwnersBox. If our fees ever change, the changes to fees are effective after we provide you with notice by posting the changes on the Services or by email.

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7.2 Deposits

To participate in Paid Contests, you will be required to deposit funds into your Account by any of the methods permitted on the Services. Such funds will be deposited into your Account upon actual receipt of the funds by OwnersBox (see Player Reserve Account information below). By Depositing or entering paid Contests, you agree to provide us with a valid full name, mailing address, date of birth, and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you. Minimum and maximum limits may be applied to deposits into your Account, depending upon your history with the Services, the method of deposit, state-imposed deposit limits, and other factors as determined solely by OwnersBox. 

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We are not a bank and funds are not insured by any governmental agency (see Player Reserve Account information below). No interest is payable on amounts on deposit in your Account. All payments into your Account must be from a payment source on which you are the named account holder. It shall be a violation of these Terms for you to submit payment using any payment method that you are not the named account holder. In addition, to be eligible to deposit money into your Account and play in Contests that award prizes, you must not be subject to backup withholding tax from the IRS. 

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Deposited funds are intended to be used for entry into contests on the platform. If you would like a refund of a recent deposit, please contact our customer support at support@ownersbox.com. In order to protect OwnersBox and its users, we may prevent withdrawals for deposited funds that have not been used for contest entries until reasonable anti-fraud checks and investigations have been completed.

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We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. If OwnersBox requests that an entrant completes and executes such an affidavit and the entrant fails to do so within ten (10) days, or OwnersBox otherwise determines that the entrant does not meet the eligibility requirements or is not in compliance with these Terms, OwnersBox reserves the right to terminate the entrant’s account and withhold or revoke the awarding of any prizes associated with such account. In such a situation, OwnersBox may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the Rules of the Contest.

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7.3 Charge Backs

If any deposit is charged back any winnings generated from OwnersBox Contests shall be invalidated, forfeited and deducted from your Account balance or seized from any bank account into which you have deposited the Prizes. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. In the event that, following such deductions, your Account balance is in a negative balance, you expressly acknowledge and agree that such negative balance shall constitute an uncontestable debt payable by you to us, due and payable immediately. OwnersBox reserves the right to close your account – without notice – should a deposit be charged back.

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7.4 Segregated Account for Deposited Funds

When you make a deposit, or earn winnings, your deposits and Contest winnings are held in a separate, segregated bank account (the “Player Reserve Account”) held by OwnersBox Player Reserve LLC. Vendors, players, and creditors shall be aware that the funds in the Player Reserve Account do not belong to OwnersBox Player Reserve LLC and are not available to creditors of OwnersBox Player Reserve LLC. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and OwnersBox may not use them to cover its operating expenses or for other purposes.

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7.5 Bonuses and Promotions

From time to time, OwnersBox may provide you with promotional programs such as drawings, contests, supplemental prizes, loyalty programs, discounts or bonuses, including the OwnersBucks™ promotion, as an incentive to use OwnersBox’s Services, to establish an OwnersBox account or to refer others to sign up with OwnersBox. Such promotional programs may be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided, any bonuses or promotions that you do not apply to a Contest (i.e. use) within thirty (30) days of receipt of the bonuses or promotions shall automatically terminate and become null and void, at OwnersBox's sole, unlimited discretion. Any existing bonuses or promotions you received prior to the Effective Date of these Terms shall remain valid for an additional thirty (30) days from the Effective Date before such bonuses and promotions shall automatically terminate and become null and void. Please note, OwnersBucks are excluded from this expiry. 

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Unless otherwise provided, promotional bonuses are non-transferrable. When entering a paid contest, the funds used to enter will be taken from initial deposits prior to bonus or promotional funds being used.

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To withdraw a bonus, the bonus must be earned. The earn rate for a given bonus is a 10:1 ratio unless stated otherwise within the specific promotional terms. For example, if you receive a $10 bonus, you must play $100 before withdrawing the full $10 received from the bonus. If the bonus received is based on a deposit and a refund request is made for such deposit, the bonus will be revoked. For example, if you receive a $10 bonus based on a $20 deposit and you request a refund of your initial $20 deposit, the $10 bonus will be revoked.

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7.6 Withdrawals

The withdrawal process is intended only for winnings. If you would like to refund one of your recent deposits, please contact customer support. You may request a withdrawal of funds from your available cash balance in your Account at any time, provided that the funds are not restricted from withdrawal such as bonus and promotions or for violations of this agreement. You are the only person or entity authorized to withdraw funds from your Account. Withdrawal options vary based on the State/Province you're located in. Please refer to OwnersBox's Knowledge Base for a detailed breakdown.

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Entrants may withdraw their cash prize awards as well as cash deposits by using the "Withdrawal" option on the Services. If your identity and Account cannot be verified, OwnersBox will not release the funds from your Account. You acknowledge that, in order to complete withdrawals, Entrants may be requested to complete an affidavit of eligibility and a liability/publicity release (unless prohibited by law) and/or appropriate tax forms and forms of identification as reasonably requested by OwnersBox in order to complete the withdrawal of prizes. We also may conduct checks for Terms compliance, including anti-fraud checks on playing patterns and deposits prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Failure to comply with this requirement may result in disqualification and forfeiture of any prizes. Disqualification or forfeiture of any prizes may also occur if it is determined any such entrant did not comply with these Terms in any manner.

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If your Account is closed by us for a violation of the Terms, we reserve the right to determine, in our sole determination, whether to declare as void any transaction placed by you. If a prize has been awarded on a closed Account due to fraud, OwnersBox may withhold the prize, provided that the prize is then awarded to another participant in the Contest who would have won the prize had that User not participated. Further, if you have already withdrawn funds, whether prizes or otherwise (e.g. other monies not won via Contests), that were, in the sole determination of OwnersBox , the result of a violation of these Terms and/or federal, state, local, or international law or regulation, then you grant OwnersBox the right to debit the bank account to which these funds were deposited without reservation and until OwnersBox recoups, in whole, any and all monies that you improperly withdrew. In such an event, we will first use your Account funds to defray the costs of administration and enforcement of the Terms.

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You expressly authorize us to debit and/or credit the Bank Account according to these Terms. You further authorize us, as well as our third-party payment processors and all related banks, to process electronic funds transfers through the Bank Account you designate. You represent and warrant that you shall, at all times, maintain a sufficient balance in your Bank Account to cover all obligations owed to us pursuant to these Terms and further expressly waive all rights to dispute any attachment or other debt collection efforts undertaken by us and/or our assigns, agents, and partners in instances where you do not maintain a sufficient balance in your Bank Account to cover all obligations owed to us. Further, you expressly agree that we, and/or our third-party payment processors and related banks, may debit any such Bank Account held by, or on, your behalf, in order to satisfy any of your obligations to us that arise out of or in any way relate to these Terms, the Site, App, or your use of OwnersBox Services, including, without limitation, Deposits and Withdrawals. This authorization shall survive the termination of these Terms and shall continue in perpetuity until all of your obligations to us are paid in full, including, but not limited to, the obligations described in these Terms. If you wish to revoke your authorization for us to debit the Bank Account, you must submit that request, in writing, in the manner required for providing notice to OwnersBox as set forth in the Terms, at least 24 hours prior to the origination of any transaction permitted by the Terms. You may not submit any such notice revoking authorization for us to debit the Bank Account at any point in time after originating the withdrawal.

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Processing of withdrawals may take up to five (5) business days; provided, however, OwnersBox reserves the right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a user requesting withdrawal of funds. If you do not receive your withdrawal within five (5) business days, please contact customer support at support@OwnersBox.com.

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7.7 Refunds

All paid entry fees are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting a lineup, the lineup will be deemed submitted by the person in whose name the Account was registered.

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7.8 U.S. Dollars

All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors (defined below) or your financial institution and you may be charged a service fee for such conversion. Please also be aware that our Payment Processors and/or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under our control and we recommend that you contact your financial institution directly for more information.

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7.9 Taxation (United States)

All taxes associated with the receipt of any prize are the sole responsibility of the winner. In the event that the awarding of any prizes to winners of Contests is challenged by any legal authority, OwnersBox reserves the right in its sole discretion to determine whether or not to award such prizes.

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Each year all winners who have won $600 USD or more over the previous year must provide updated address and social security details to OwnersBox. These details will be used to allow OwnersBox to comply with tax regulations and may be shared with appropriate tax authorities. In compliance with United States Internal Revenue Service regulations, OwnersBox may be required to submit a Form 1099-MISC, Miscellaneous Income (Form 1099) to the Internal Revenue Service (IRS) or other appropriate form to any person who wins in excess of $600 (USD) on the Site (winnings less entry fees) in any given year. Depending on the jurisdiction in which you reside, OwnersBox may require you to complete a Form W-9, Request for Taxpayer Identification Number (TIN) and Certification and/or additional tax forms. This information will be used to file the Form 1099 with the IRS. OwnersBox reserves the right to withhold (from your existing account balance and/or from future net winnings) any amount required to be withheld by law. You remain solely responsible for filing and paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence. OwnersBox does not provide tax advice, nor should any statements in this agreement or on the Service be construed as tax advice.

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7.10 Third-Party Payment Processor

OwnersBox uses third-party electronic payment processors and financial institutions ("Payment Processors") to process deposits and/or payments for services or products. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the OwnersBox Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle payments and you irrevocably agree that OwnersBox may give such instructions on your behalf in accordance with your requests as submitted through the Services. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors' terms and conditions, then these Terms shall prevail. You further agree that OwnersBox is not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party, except as a result of the gross negligence of OwnersBox.

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7.11 Account Inactivity Fees and Escheatment

If your OwnersBox account has no activity for twenty-four (24) consecutive months, or thirty-six (36) months in Arizona, the account will be considered inactive. OwnersBox may assess a fee of $2.99 per month on all inactive accounts, where permitted by jurisdictional laws and regulations, until the account is reactivated by entering a contest, making a deposit, or withdrawing funds. Arizona users are excluded from this fee. Prior to deducting any fees due to account inactivity, OwnersBox will provide you at least thirty (30) days-written notice. If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, OwnersBox is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property. OwnersBox may also charge additional fees associated with the delivery of abandoned funds to the applicable state agency subject to limitations of applicable law.

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8. Publicity

By entering a Contest, you consent to OwnersBox’s and its service providers’ and business partners’ use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other OwnersBox Contests and OwnersBox generally, unless otherwise prohibited by law. OwnersBox Inc and its business partners reserve the right to make public statements about the entrants and winner(s), on-air, on the Internet, or otherwise, prior to, during, or following the Contest. Entrants agree that OwnersBox Inc may announce any winner's name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of OwnersBox or other Contests or games operated by OwnersBox. You agree that participation in and (where applicable) the winning of a prize in connection with a Contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The rules specific to certain Contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

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YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER IN A PUBLIC CONTEST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED A WINNERS' LIST.

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9. Rules and Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.

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You understand and agree that you will not use the Services to engage in the prohibited conduct below:

1. You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

2. You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

3. You shall not attempt to use any method to gain unauthorized access to any features of the Services;

4. You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;

5. You shall not directly or indirectly modify, translate, or otherwise create derivative works of any part of the Services;

6. You shall not directly or indirectly copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;

7. You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of OwnersBox or any third party; or that impersonates any person or entity, including any employee or representative of OwnersBox;

8. You shall not directly or indirectly take any action that imposes or may impose (as determined by OwnersBox in its sole discretion) an unreasonable or disproportionately large load on OwnersBox’s or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; and

9. You shall not sell or otherwise transfer your profile.

10. You are prohibited from posting content that: is direct or specific threat of violence to others; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability.

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If for any reason, OwnersBox determines that you have failed to follow these rules, we reserve the right to prohibit any and all current or future use of the Services by you. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

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ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, OWNERSBOX RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

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10. Termination of Usage

You may cancel your account at any time through your account settings or by sending us an email at support@OwnersBox.com . Unless OwnersBox is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your account without notice or refund to you if you violate this Agreement, or for any reason at all. If your account is cancelled, OwnersBox reserves the right to remove your account information along with any account settings from our servers with NO liability or notice to you. Once your account information and account settings are removed, you will not be able to recover this data and you will lose access to all of your content.

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Upon termination of your account. your license to use OwnersBox’s Services terminates. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You acknowledge and understand that our rights regarding any content you submitted to the website before your account was terminated shall survive termination.

 

11. Marketing & Advertising

11.1 Marketing Corporation

By participating in any Contest or OwnersBox promotion in which you win a Prize, or which takes the form of a Contest, in which you successfully progress to a second or subsequent round, you agree to cooperate in all advertising, marketing and publicity material and activities we may, at our expense, produce or arrange. You also agree, if requested: (a) to wear any branded clothing or attire we may provide; and (b) to sign, if requested, an irrevocable release form allowing us, without any compensation being payable, to use your name, photograph, likeness, details of the country and/or city where you live, any comments made by or attributed to you, and to incorporate any such information and any audio/visual recording or broadcast for such promotional purposes, in any media, throughout the world.

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Where you participate in any event which we host or arrange in connection with a Contest or promotion, you agree not to make use of any third-party branding or advertising for any organization which we consider to be our competitor, including without limitation any branding or advertising for any other gaming company, and you agree not to conduct yourself in a manner that might, in our reasonable opinion, bring us, any of our affiliates or any of our or their respective brands into disrepute. In the event of any breach of this requirement, we reserve the right not to award a Prize or to request the return of any Prize awarded.

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With respect to any lineup submission you make in the course of participating in any Contest or OwnersBox promotion, you declare that the relevant material will be all your own original work and will not infringe on the intellectual property rights or other rights of any person. You agree to assign all rights (including intellectual property rights) for such material, and if moral rights exist, you agree to waive such rights. Moral rights are the rights to claim authorship of the work and to object to any distortion, modification of, or other derogatory action in relation to said work, that would be prejudicial to the author’s honor or reputation. You agree to execute all documents and to do any other things reasonably necessary to assure our title to such material, and to allow us to fully use and exploit such material.

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11.2 Advertisements and Third-Party Sites

The Services may contain third party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.

Additionally, the Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with OwnersBox. Your dealings with third parties are solely between you and such third parties. You agree that OwnersBox will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

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12. Use of Personally Identifiable Information

You acknowledge that when you download, install, or use the App, Site or access the Services through another device, OwnersBox may use automatic means (including, for example, cookies and web beacons) to collect information about your devices and about your use of the Services. You also may be required to provide personally identifiable information about yourself as a condition of downloading, installing, or using the Services. All information we collect through or in connection with the Services is subject to the Privacy Policy, which is expressly incorporated herein, located at www.OwnersBox.com. 

You further acknowledge that by providing your cell phone number to OwnersBox you consent to receive non-marketing and informational text messages from time to time. Consent is not a condition of service.

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13. Carrier Fees

Use of the Services may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data, or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the Services. OwnersBox assumes no liability or responsibility for the payment of any charges you may incur.

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14. Updates for the App

OwnersBox may from time to time and in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete certain features and functionality. You agree that OwnersBox has no obligation to provide Updates or to continue to provide or enable any particular features or functionality. Based on your Device settings when your Device is connected to the internet either:

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(a) the App will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

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You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to all of the Terms.

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15. Responsible Gaming

The Company’s priority is to encourage the safety and well-being of our Users, and we take our responsibility in this regard very seriously. The Company reserves the right, in its sole discretion, to decide if you are interacting with the platform in a responsible way in accordance with Company policies and procedures. The Company also permits all Users to set responsible gaming limits and to self-exclude. Notwithstanding the foregoing, Company reserves the right, in its sole discretion, to impose stricter responsible gaming limits than those imposed by law or the User and exclude such Users as necessary to best promote our responsible gaming policies.

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Any attempt by you, whether or not successful, to evade or assist others in evading responsible gaming controls, whether self-imposed or otherwise, and including self-exclusion, shall be a violation of these Terms. You grant the Company the sole and unfettered right to deactivate and/or report to any relevant authorities any Account(s) you create, access, manage or operate in contravention of responsible gaming controls. Additionally, you grant the Company an unlimited ability to take any of the following actions in relation to an Account created or used to evade, or in violation of, responsible gaming controls: (i) void all entries made or Contests entered; (ii) seize and retain all Deposits; (iii) seize and retain all winnings and Prizes; (iv) remove all promotional or bonus funds; or (v) reverse and/or freeze any attempted or completed withdrawals including funds withdrawn to your bank account or other financial institution.  You also agree to fully indemnify and hold harmless the Company against any action at law, equity or otherwise and any liabilities that are a direct or indirect result of your evasion of responsible gaming limits and restrictions. Such indemnity shall include, but not be limited to, all damages or injuries you and/or your family suffer as a direct or indirect result of your actions or inactions as well as any investigations, administrative actions, prosecutions or any other actions undertaken by any governmental or quasi-governmental authority as the direct or indirect result of your actions as described in this Section. Nothing in this Section shall be interpreted to limit any other remedies, indemnities, or other relief provided to the Company in these Terms.  

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15.1 Self-Exclusion

You may choose to self-exclude from the Site for any reason for a period of thirty (30) days to a maximum of ten (10) years. You may not collect any prizes or awards or recover any losses resulting from entry or participation in Contests during the period that a self-exclusion is in effect, with the condition that during the period that a self-exclusion is in effect:

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(a) OwnersBox shall prohibit the self-excluded User from establishing an Account, making deposits, and from entering or participating in a Contest.

(b) Self-exclusions end on the expiration of the time period selected by the User. The restrictions and prohibitions that OwnersBox implements under the self-exclusion shall end and cease to be effective on expiration of the time period selected by the self-excluded User unless the time period is lifetime, the User renews a self-exclusion period, or the user enables a new self-exclusion period.

(c) A User who enables a self-exclusion period agrees to release the following from harm, monetary or otherwise, that may arise as a result of the self-exclusion:

(i) Any jurisdiction where OwnersBox operates.

(ii) Any regulatory body and its employees and agents.

(iii) OwnersBox and its officers, directors, employees and agents.

(d) A request for self-exclusion that a User has completed and submitted in accordance with the instructions given for self-exclusion and these Terms of Service shall take effect immediately upon submission.

(e) If a User is found to be playing OwnersBox in violation of the self-exclusion program, we reserve the right to take further action, up to and including closing the Account(s) permanently and expulsion from OwnersBox.

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15.2 Responsible Gaming Resources

Resources that provide professional and compassionate service include:

• Call: 1.800-426-2537 or access www.800gambler.org

• Call: 1.800-522-4700 National Council on Problem Gaming or access www.ncpgambling.org

• If you are in Arizona, call the toll-free Arizona statewide helpline at 1-800-NEXTSTEP or text NEXT-STEP to 53342. You may also visit https://problemgambling.az.gov/ 

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15.3 Arizona Self-Exclusion 

The Arizona Division of Problem Gambling offers a State-wide self-exclusion where you voluntarily exclude yourself from placing wagers or purchasing fantasy sports contest entries at any licensed facility or on an internet/mobile platform for a period of one (1) year, five (5) years, or ten (10) years. To exclude yourself using the Arizona Self-Exclusion please visit https://problemgambling.az.gov/self-exclusion.  

 

 16. OwnersBox Intellectual Property and User Content

16.1 Intellectual Property

Through the Services, OwnersBox may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”). Users of the Services may have the ability to contribute, add, create, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible Content through submission of profile photos.

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16.2 Our Content

Our Content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based off our content. All other Content viewed through the Services is the property of its respective owner. You have a limited, revocable, non-exclusive, non-transferable license to use the Services and our Content solely for legally permitted activities related to our Services as outlined in these Terms.

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16.3 User Content

We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. OwnersBox shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on OwnersBox's social media pages (collectively, "Feedback") and it may share with any of its affiliates. Without limitation, OwnersBox will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote OwnersBox, without compensation to you or any other person sending the Feedback. You specifically waive any "moral rights" in and to the User Content.

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To the extent that you decide to post any content (“User Content”), including your profile information, photos, or Feedback, on the Services or on OwnersBox's social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant OwnersBox all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not OwnersBox, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. OwnersBox may refuse to accept or transmit User Content. Additionally, OwnersBox shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.

 

17. Copyright and Trademark Notices

17.1 Copyright Policy

OwnersBox complies with the Digital Millennium Copyright Act (DMCA). OwnersBox will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify OwnersBox's Copyright Agent by email at support@OwnersBox.com or by mail to the address in the Contact section. Please do not send notices or inquiries about anything other than alleged copyright infringement or other intellectual property claims to our Agent for Notice. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Services, sufficient for OwnersBox to locate the material; your address, telephone number, and email address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

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If you fail to comply with these notice requirements, your notification may not be valid. Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

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In accordance with the Digital Millennium Copyright Act, OwnersBox has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others. OwnersBox also may terminate User accounts even based on a single infringement.

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17.2 Counter-Notice

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and

email address, a statement that you consent to the jurisdiction of the federal court in Dallas County, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, OwnersBox may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at OwnersBox’s sole discretion.

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18. OwnersBox Mobile Application

You acknowledge and agree that (i) these Terms are binding between you and OwnersBox only, and Apple is not a party hereto, and (ii) as between OwnersBox and Apple, it is OwnersBox that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and OwnersBox, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be OwnersBox’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit OwnersBox’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

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19. Warranty and Disclaimer

OWNERSBOX DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, OWNERSBOX SPECIFICALLY DISCLAIMS SUCH WARRANTIES. FURTHER, OWNERSBOX AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.

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YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, OWNERSBOX, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “OWNERSBOX") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. OWNERSBOX MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNERSBOX ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

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20. Limitation of Liability

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL OWNERSBOX, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TWO HUNDRED U.S. DOLLARS ($200.00). SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, OWNERSBOX’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

21. Dispute Resolution, Arbitration, and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS,

INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

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21.1 Initial Dispute Resolution

It is OwnersBox’s goal that the Services meet your expectations and live up to our promises to you. However, there may be instances when you feel that OwnersBox has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, OwnersBox is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with OwnersBox, you acknowledge and agree that you will first give OwnersBox an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the occurrence of the event giving rise to the dispute by sending an email to disputes@OwnersBox.com. You then agree to negotiate with OwnersBox in good faith about the dispute for at least sixty (60) days after OwnersBox’s receipt of your written description of it.

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21.2 Binding Arbitration

If the parties do not reach an agreed upon solution within a period of 30 days from the time of informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.

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The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitration rules also permit you to recover attorney’s fees in certain cases. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

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The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

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21.3 Location

The arbitration will take place at any reasonable location within the United States or Canada reasonably convenient for both parties.

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21.4 Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND OWNERSBOX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

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Exception - Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

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21.6 30-Day Right to Opt-Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to OwnersBox at disputes@OwnersBox.com. The notice must be sent within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, OwnersBox also will not be bound by them.

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21.7 Changes to this Section

OwnersBox will provide 30-days’ notice of any changes to this section. Changes will become effective on the 30th day, and will apply prospectively only to any claims arising after the 30th day.

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For any dispute not subject to arbitration you and OwnersBox agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Dallas County, Texas. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

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The Terms and the relationship between you and OwnersBox shall be governed by the laws of the State of Texas without regard to conflict of law provisions.

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22. Assignment

The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with OwnersBox’s prior written consent. Any assignment in violation of this section shall be null and void. OwnersBox may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

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23. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.

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24. Notice Policy and Your Consent

Under these Terms you are contracting with OwnersBox 3.0 Corporation, a Delaware corporation. All notices should be addressed to OwnersBox 3.0 Corporation at the address in the Contact section below.

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For the avoidance of doubt, we are entering into this Agreement as principal and not as agent for any other OwnersBox company. Subject to any permitted assignment, the obligations owed by us under this Agreement shall be owed to you solely by us and the obligations owed by you under this Agreement shall be owed solely to us.

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You acknowledge and agree that we may give you notice by means of a general notice on the Services, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text). You may give notice to us, with such notice deemed given when received by us, at any time by first class mail or pre-paid post to the address set forth in the Contact section or at such other address as we may advise from time to time, pursuant to this provision.

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25. Geographic Limits of Service

OwnersBox makes no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States or Canada, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the contents are illegal, and that you, and not OwnersBox, are responsible for compliance with applicable local laws.

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26. Governing Law

These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.

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You agree that OwnersBox and its Services are deemed passive and that do not give rise to personal jurisdiction over OwnersBox or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of Texas. You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Dallas County in the State of Texas and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.

Integration and Severability

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These Terms and other referenced material constitute the entire agreement between you and OwnersBox with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings (whether oral, written or electronic) between you and OwnersBox with respect to the Services and govern the future relationship. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms, shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.

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28. No Waiver

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

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29. Contact

If you have any questions regarding these Terms or if you wish to file a Copyright Notice, please contact us at support@OwnersBox.com or by mail at:

274 Shirley Ave Unit 201

Kitchener, ON, N2B2E1

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I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE PRIVACY POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.