Terms of Service

Last Modified: December 26, 2017

These terms and conditions ("Terms of Service") govern your, and any entity you represent (collectively, "you" or "your"), use of the Application (as defined below) as provided by Pooler.io. These Terms of Service are a binding legal agreement between you and Pooler.io. Pooler.io may change these Terms of Service at any time without notice to you by posting the revised Terms of Service with the date it was revised on this Application. You agree to be bound by the most recent version of the Terms of Service posted on the Application.

You do not purchase Tickets from Pooler.io. Pooler.io is not a Retailer. When you or any User uses Pooler.io to enter a Lottery Pool, the funds are used by the Captain to purchase the Tickets from an authorized Retailer. Pooler.io does not directly purchase the Tickets.

IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. POOLER INC. IS NOT AFFILIATED OR ENDORSED BY ANY STATE LOTTERY OR GOVERNMENT AGENCY. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SERVICE.

NEITHER APPLE, INC., NOR GOOGLE, INC., NOR TWITTER, INC., NOR FACEBOOK, INC., IS A SPONSOR OF THIS APPLICATION, CONTESTS OR SWEEPSTAKES, NOR AFFILIATED IN ANY WAY WITH POOLER, INC.

  1. Defined Terms
    1. In addition to the terms defined within the body of these Terms of Service, the following definitions shall have the meanings ascribed below when used herein:
      1. "Application" means all of the services offered on the Pooler.io website (located at Poolier.io) and mobile applications, including, without limitation, all technology, processes and materials used to provide such services.
      2. "Available Funds" means any Pooler.io Credits in an Account which have not been used to order Tickets through this Application or withdrawn to a bank account.
      3. "Captain" means the User designated to purchase the Tickets and administratively manage any Lottery Pool.
      4. "Drawing Entry" means any set of numbers or other characters that constitute a single drawing entry on a Ticket.
      5. "In-Store Redemption Threshold" is the maximum dollar value for which a winning ticket may be redeemed at a Retailer for cash. This varies by state. Check your Regulator’s official website for this value.
      6. "Pooler.io", "Pooler", "we" and "us" means Pooler, Inc., including its agents, contractors, and any parties involved in creating, producing, or delivering this Application.
      7. "Pooler.io Credits" means any funds in a User’s Pooler.io account. Credits are added when a User wins an amount less than or equal to the Redemption Threshold. Credits may be added to a User’s account by Pooler.io for promotional or compensation purposes as well.
      8. "Lottery" means an official lottery game regulated by an applicable Regulator and acknowledged by Pooler.io (for example, Powerball).
      9. "Lottery Pool" means any group of Tickets ordered by individual Users for which prizes will be shared.
      10. "Non-Winning Ticket" means any Ticket with prizes equal to $0.00 after prize values are announced.
      11. "Non-withdrawable Credits" means any Pooler.io credits that are not available for withdrawal to a bank account. Credits that are added as a result of Users funding their account will be non-withdrawable. Non-withdrawable credits may also be given to Users for promotional reasons or for special cases.
      12. "Withdrawable Credits" means any Pooler.io credits that are available for withdrawal to a bank account. Any credits that are applied as a result of winning lottery prizes will be withdrawable unless the official prize is a free lottery ticket in which case the credit will be non-withdrawable.
      13. "Personal Information" means information about a natural person that is readily identifiable to that specific individual. Personal Information includes, among other information, an individual's name, address, telephone number, date of birth, email, password, and any other information used to identify you on this Application. But a domain name or Internet protocol address is not considered Personal Information.
      14. "Pool Creator" means any User that creates a Lottery Pool. Such Pool Creator may or may not be the Captain.
      15. "Pool Member" means any User that contributes a Ticket to a Lottery Pool.
      16. "Pool Ticket" means any Ticket contributed to a Lottery Pool.
      17. "Quick Pick" means any pseudorandomly-generated Number Set.
      18. "Regulator" means the organization that regulates the lottery in a given jurisdiction (for example, The Florida Lottery).
      19. "Retailer" means any business authorized by an applicable Regulator to sell Tickets.
      20. "Ticket" means any lottery ticket entered into a single drawing.
      21. "User" means any person or entity that opens and maintains an Account on this Application.
      22. "Winning Ticket" means any Ticket that wins any prize valued at more than $0.00.
  2. User Agreement
    1. By accessing the Application, creating an account via the Application (an “Account"), accessing the downloading or clicking to accept or agree to these Terms of Service when this option is made available to you, you hereby (i) acknowledge that you have read and agree to be bound to and abide by these Terms of Service and (ii) represent and warrant that you are eligible to access the Pooler.io application and are authorized and able to accept these Terms of Service. If you do not wish to be bound by these Terms of Service, you must not access or use the Application. By declining to accept these Terms of Service, you will be unable to create an Account or access or use the Application.
    2. We reserve the right to change these Terms of Service at any time. We will notify Users via email or within the Application after any such changes. Your continued use of the Application following such changes will be considered your consent to the changes. You are expected to check this page each time you access the Application so you are aware of any changes, as they are binding on you.
    3. We reserve the right to terminate your Account and/or your use of the Application at any time, with or without notice. We also reserve the right to discontinue or modify the Application at any time with or without notice. Under no circumstance will we have any liability to you for any actions taken under this Section II(c).
    4. Pooler encourages a safe and welcoming community on the Application. To help maintain this community, you agree not to:
      1. submit any false, fraudulent, or misleading information to us or any other User;
      2. utilize the Application for any purpose other than participating in a Lottery Pool with legitimate intentions;
      3. harass, threaten, defame, abuse, assault, or imitate other Users;
      4. use our Application for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
      5. interfere with or disrupt our Application or any networks that provide our Application;
      6. attempt to decompile, reverse engineer, scrape, disassemble or hack the Application, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
      7. circumvent any Lottery Pool or any obligation to Pooler;
      8. disobey any requirements or regulations of any network connected to our Application; or
      9. use our Application in violation of any applicable law or regulation;
  3. Eligibility
    1. In order to create an Account, order Tickets and/or claim prizes on the Application, you must, at the time of registration, (i) be at least 18 years of age (or older, if required by the applicable Regulator); (ii) be physically located in a state in the United States, including the District of Columbia and in a jurisdiction, in which use of the Application is unrestricted by law); (iii) not be a person barred from using the Application, or an similar lotto service, under the laws of any jurisdiction or the United States, and (iv) at all times abide by these Terms of Service as set forth herein. If you do not meet all of these requirements, you must not access or use the Application. Pooler.io reserves the right to verify your age, identity and eligibility at any time. Any failure to cooperate with Pooler.io in this respect may result in the suspension and/or termination of your Account.
    2. By accessing or using the Application, you represent and warrant that you have the right, authority and capacity to enter into this agreement, to abide by all of these Terms of Service, and that you are not prohibited from accessing or using the Application. Pooler makes no representations or warranties, implicit or explicit, as to your legal right to access or use the Application and no person affiliated, or claiming affiliation, with Pooler.io shall have authority to make any such representations or warranties. We do not intend for the Application to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Application does not constitute an offer, solicitation or invitation by Pooler.io for the use of the Application in any Jurisdiction in which such activities are prohibited or restricted.Pooler.io reserves the right to deny access to the Application to anyone at its sole discretion.
  4. User Accounts, Personal Information and SMS/Email Messaging
    1. Registration for an Account. To register for an Account, download the Application and complete the online registration process by creating a Username and password (collectively, "Login Credentials"). You will be required to submit your phone number and email address. You may then be prompted to verify your phone number via sms code. Before you can make an order your age must be verified. You will be required to provide details requested including but not limited to your name, date of birth, zip code, address. You may also be asked to provide a picture of a government ID or scan the barcode on a government ID. Pooler.io will also require you to enter payment information before you can make an order. We will provide this information to our contracted third party (Trulioo, which may be visited at Trulioo.com) to provide independent age and identity verification.
    2. By creating an Account on this Application, you agree to provide accurate and current information about yourself, and to maintain and promptly update your profile information in the event it changes after Account creation. You may modify your profile information by logging into your Account and making such changes. For further assistance, please contact customer service at support@pooler.io.
    3. Any information collected by Pooler will be held subject to its Privacy Policy, available at pooler.io/privacy.html.
    4. By creating an Account on this Application, you also agree to allow Pooler.io to contact you via mail, email, fax, phone, text or any other means necessary to verify and update your profile and order information, or collect additional information related to your Account. By creating an account and entering your name, you agree that you have electronically signed your name in agreement thereof.
    5. You further acknowledge and agree that Pooler.io may send you e-mail containing information about lottery products, such as games and promotions, as well as notifications pertaining to your Account activity. If you provide any information that is inaccurate or not current, or Pooler.io has reasonable grounds to suspect that such information is inaccurate or not current, or you cannot be reached for 180 consecutive days for any reason, Pooler.io reserves the right to suspend or cancel your Account, withhold your Account balance, revoke your right to any Lottery tickets or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof).
    6. Confidentiality Obligation. Access to, and use of your Account is strictly limited to you as the registered User of your Account. Accordingly, it is your responsibility to keep your Login Credentials strictly confidential. You are responsible for any charges, costs, expenses, damages, liabilities and losses incurred by you and Pooler. Immediately notify Pooler.io at support@pooler.io if you discover fraudulent or unauthorized orders, funds transfers or suspect that someone else is using your Account Login Credentials without your permission. Providing prompt notice to Pooler.io may limit your liability for such fraudulent or unauthorized transactions.
    7. One (1) Account/No Transfer of an Account. Only one (1) Account is allowed per person. In the event Pooler.io determines that you have registered more than one (1) Account, you acknowledge and agree that, in addition to any other rights Pooler.io may have, Pooler.io has the right to suspend or terminate your Account immediately, withhold your Account balance, revoke your right to any Lottery tickets or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof). Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party to use the Application. You accept full responsibility for any unauthorized use of the Application and for any use of your payment instrument by any other person or third party in connection with your Account. Any person found to have violated this section may be reported to the relevant authorities and Pooler.io has the right to suspend or terminate your Account immediately, withhold your Account balance, revoke your right to any Lottery tickets or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof). Pooler.io will not be liable for any loss that you may incur as a result of someone else using your Account.
    8. Equipment Obligation to Use Application. You must provide all equipment and software necessary to download and use the Application, including, but not limited to, a Mobile Device that is suitable to connect with and use the Application. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees, including, without limitation, SMS/MMS text usage fees, that you incur when accessing the Application.
    9. Account Termination/Unsubscribe from the Application. Your account may be suspended or terminated and Prize Funds returned to the Regulator for: fraud or suspected fraud of any type; violation or suspected violation of this agreement or any applicable regulations, state or federal laws; or any other reason as set forth in the Terms of Service. In the event of Account suspension, Pooler.io may, in its sole discretion, restrict all Account functionality, including but not limited to orders, claims, deposits and withdrawals. Registered Users of Accounts for which suspension escalates to account termination will be subject to Prize Fund forfeiture back to the Regulator, and will be permanently restricted from using this Application in any capacity. Users can also unsubscribe from the Application. To unsubscribe from the Pooler.io Application and de-activate your Account, you will need to contact support@pooler.io. If you unsubscribe, your Account will be cashed out and de-activated. You will need to delete the Application to complete the process. Pooler.io is under no obligation to permanently delete any Personal Information or data. Registered Users of Accounts for which suspension escalates to account cancellation will be subject to prize or Pooler.io Credit forfeiture to the appropriate Regulator, and will be permanently restricted from using this Application in any capacity. All remaining unplayed Pooler.io Credits will be forfeited to Pooler.io upon Account cancellation. You shall have no recourse and Pooler.io 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 of Service relating to warranties, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such suspension or cancellation. For specific suspension or cancellation questions, you can send an email to support@pooler.io.
  5. Account Funding, Orders and Withdrawals
    1. Withdrawable Credits. As detailed in these Terms of Service, when there is a winning ticket with a prize value less than or equal to the In-Store Redemption Threshold, the User will be credited with Pooler.io credits that may be withdrawn to a bank account.
    2. Non-withdrawable Credits. Users may also have Non-withdrawable Credits, which are credits that may be spent on new lottery ticket orders, but which may not be withdrawn to a bank account. Any credits given to a User for any reason other than for a winning lottery ticket will be Non-withdrawable Credits. This includes referrals, promotions, contests, compensation, and refunds. Pooler.io may also from time to time offer promo codes to be used in conjunction with the order of Tickets on the Application. Promo codes are valid for a limited time only and promo code discounts apply only to the qualifying items described in each promo code offer. Promo code offers will not be valid until applied to a qualifying item in your cart and promo code discounts will not apply until your order is complete. Each promo code is limited to one use per User and may not be combined with any other promotions. Pooler.io has no obligation for payment of any tax in conjunction with the distribution or use of any promo code, and Users are required to pay any applicable sales tax related to the use of the promo code. Pooler, in its sole discretion, reserves the right to accept, refuse, limit, modify or cancel any promo code at any time for any reason without prior notice to you. Promo codes are void where prohibited by law and only good while supplies last. Promo codes may be discontinued at any time with or without notice.
      1. Pooler.io has a referral program where Users can refer new Users in exchange for Non-withdrawable Credits. Any User that is referred must be a real and unique person.
    3. Buying Tickets. If a User makes a new order for lottery tickets, Pooler.io will first apply any Non-withdrawable Credits to the cost of the order. Next it will use Withdrawable Credits.
    4. Prize funds representing Withdrawable Credits may be withdrawn from an Account at any time for a fee, which will be stated within the Application and is subject to change from time to time. Withdrawable Credits can be withdrawn to a bank account and will usually take 3-5 business days to complete but may take longer due to unusual circumstances. If you do not receive your Withdrawable Credits within six business days of your withdrawal request, please submit a claim to support@pooler.io for additional assistance. In the event of the death of a Pooler.io User, all available Account Funds will be paid in accordance with these Terms of Service and his/her last will and testament or, if there is no will, in accordance with the intestacy laws of the state of his/her legal residence.
  6. Ticket Ordering
    1. Pooler.io acts as the technology service provider for connecting Users. Pooler.io does not purchase Tickets itself or act as a Retailer.
    2. You can place an order for Tickets through the Application in any Lottery Pool for which you are a Pool Member. All Tickets will be purchased by the Captain pursuant to the contract you agree to when entering into any Lottery Pool (the "Pool Contract"). You agree to be bound by the Pool Contract in full and not to circumvent the Pool Contract in any way.
    3. ALL SALES ARE FINAL AND NO REFUNDS WILL BE PROVIDED. POOLER WILL NOT BE RESPONSIBLE FOR ANY DISPUTE BETWEEN USERS IN ANY LOTTERY POOL.
  7. Winning Tickets and Prize Claiming
    1. Pool Captains will be solely responsible for distributing each Winning Ticket to Pool Members who participated. If the Winning Ticket's prize value is less than or equal to the In-Store Redemption Threshold and the Pool Captain is appointed by Pooler.io, then Captains will automatically credit your Pooler.io account for the full prize value, as further described in Section a below.
      1. Neither Pooler.io nor the authorized retailers from which Pool Captains collect these prizes will withhold any applicable taxes on your behalf. Pool Captains will deposit the full prize value into your Pooler.io account in the form of Withdrawable Pooler.io Credits. These are Withdrawable Pooler.io Credits and may be withdrawn to a checking or savings account for a $1.00 fee. Users may also keep the credits and use them towards future orders.
      2. If the official prize for the Winning Ticket is a free lottery ticket, then Pool Captains may either provide the Users in the pool with the new ticket OR credit the Users with a non-Withdrawable Credit equal to the purchase value that the new ticket would cost if purchased.
      3. Pool Captains will be solely responsible for distributing any and all prizes. Pooler.io only acts as a facilitator to connect Users and will in no way be responsible for any distribution or mediate any dispute arising between Users (including Pool Captains).
    2. Prize claims made through this Application are subject to the prize payout rules and regulations set forth by the Regulator. Pool Captains may provide the Regulator with any User Personal Information required to process prize claims including, but not limited to, the full name, address and phone number listed in your Account. We may, in our sole discretion, create a legal entity for the payout of any Winning Ticket if we deem this to be the best course of action to ensure equitable distribution.
    3. You may be required to present identification or complete additional steps, as provided by any applicable Regulator, in order to claim prizes. You agree to be responsible for complying with these steps. Under no circumstance will we be liable for your inability to collect any winnings.
    4. YOU WILL BE SOLELY RESPONSIBLE FOR PAYING ANY TAXES ON WINNINGS OR EARNINGS.
  8. Pools and Subscriptions
    1. Users may elect to utilize this Application to participate in Lottery Pools, and may group Tickets with other Users, through facilitation of the Captain, in any single Lottery Pool in order to share prizes, subject to the following terms and requirements:
      1. Each pool is for one specific lottery and for one specific drawing. The Pool Creator (who may be the Captain) will choose both. The Pool Creator will also name the pool and choose the number of games that each Pool Member must play. Pools may only be available for certain lotteries. Check the Application to see which lotteries are available for pool play.
      2. Each Captain must (i) play at least one ticket in the Lottery Pool for which he or she is a Captain; (ii) be located in the same US state for which the Lottery Pool buys Tickets, and (iii) promise to be responsible to the other Users in the Lottery Pool for faithfully distributing any prizes.
      3. In the case of Lottery Pools for which the Captain is affiliated with Pooler.io, Winning tickets whose total prize value are less than or equal to In-Store Redemption Threshold, that are part of a Lottery Pool, will be redeemed by the Captain on behalf of the Users just as with tickets that are not part of a pool. The total value of all prizes that are won from tickets in a lottery pool whose prize is less than the In-Store Redemption Threshold will be divided among all members according to the respective Pool Contract. Each remainder cent will then be given out in the order in which each member joined the pool with the Pool Creator receiving the first remainder cent.
      4. In the case of Lottery Pools for which the Captain is affiliated with Pooler.io, Winning tickets with a total prize value that is greater than the In-Store Redemption Threshold and that are part of a pool, must adhere to the following:
        1. If the number of members in the pool is less than or equal to the maximum number of shares the Regulator will split the prize into, the prize will be split by the Regulator. In this case, each pool member must provide Pooler.io with a notarized letter granting Pooler.io permission to claim the prize on their behalf. Each pool member will also need to provide their social security number and address in order to receive their share of the prize. Pooler.io will then bring the letters and information for all members to the Regulator and each pool member will receive a check for their share of the prize. Taxes may or may not be withheld depending on the amount and regulator. The individual pool member is responsible for paying any taxes that are required.
        2. If the number of members in the pool exceeds the maximum number of shares that the Regulator will split the prize into, the prize will be claimed by a legal entity that is owned by Pooler. The Lottery Pool Captain will then disburse the funds to the individual pool members accordingly. By participating in a pool, you grant Captains for the Lottery Pools in which you participate the right to claim prizes on behalf of you and the Lottery Pool disburse the funds. In this case, taxes will be withheld. It is the responsibility of the individual pool member to do their taxes according to regulations in their jurisdiction.
    2. Auto-Play Subscriptions. Any User may participate in auto-play subscriptions, subject to the following terms and requirements:
      1. Auto-play subscriptions may only be available for certain lotteries. Check the Application to see which Lottery Pools are available for auto-play subscriptions.
      2. Each User may only enroll in one auto-play subscription per available lottery. For each auto-play subscription, the User must choose a number of games that will be played for each drawing. For some lotteries, you may also choose a minimum jackpot threshold. If this value is set, you will only be entered into a drawing if the jackpot value is greater than or equal to this value. If the criteria are met, the User will be entered into an available Lottery Pool. Additional criteria may be required from time to time. Users will not be able to use the auto-play subscription if their current balance does not cover the cost of the Ticket(s), and in such case, the auto-play subscription may be canceled be either Pooler.io or the Captain for the Lottery Pool.
      3. Procedure for winning tickets that were ordered as part of an auto-play subscription will be no different than that of ordinary tickets.
    3. Lottery Pools may be closed once certain conditions, as described within the Application and subject to change, are met. Lottery Pools will not be reopened except in the event of a bona fide error, which Captains will determine in their sole discretion. If you attempt to participate in a Lottery Pool after it is closed, your money will be returned to you. Captains may, in their own discretion, refuse to allow Users to join Lottery Pools at any time.
    4. User winnings will be divided according to any respective Pool Contract. The Pool Contract will describe your percentage of any winnings.
  9. Quick Picks
    1. Users may elect to utilize this Application to generate and/or order pseudo-random number sets when permitted by Pooler. By using Pooler, you understand and acknowledge that the Quick Pick randomization process is seeded by the timestamp of its initial generation request and, as such, cannot be classified a "True Random Number" by definition, and that Pooler.io cannot be held responsible for any of the pseudo-randomly generated number sets derived through this system.
  10. Intellectual Property Rights
    1. You hereby grant to Pooler a perpetual, irrevocable, worldwide, non-exclusive, royalty free license to use, display, distribute, make derivatives of, and modify text, images, photographs, videos, or other content you upload to or share on the Application (collectively, the "User IP").
    2. Other than the User IP, all other text, images, photographs, videos, and other content used throughout the Application is owned solely by or licensed to us and no license, assignment, or sale of such intellectual property shall be made to you or any other User. Pooler hereby reserves all rights to all such intellectual property.
    3. The Application uses third party software and applications, including APIs (collectively, "Third Party Programs") in order to provide its services. You acknowledge that such Third Party Programs are not affiliated with Pooler and that your use of the Third Party Programs is subject to their respective terms and conditions.
    4. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act. The Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without authorization and is available within the Application in a way that may constitute copyright infringement, the individual may provide notice of their claim to Pooler's designated agent listed below. For the notice to be effective, it must include the following information:
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; A description of the copyrighted work that is claim to have been infringed;
      2. A description of where the allegedly infringing material is located within the Application;
      3. Information reasonably sufficient to permit Pooler to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
      4. A statement that the person has a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      5. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      Pooler, Inc.’s designated agent can be reached at support@pooler.io. Our designated agent should be contacted only if an individual believes that their work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Application. All other inquires to the designated agent will not be answered.
  11. Disclaimers and Limitations of Liability
    1. THE APPLICATION, INCLUDING ALL OF ITS SERVICES, IS PROVIDED SOLELY AT YOUR OWN RISK. ENTERING INTO A LOTTERY REQUIRES RISK. WE DO NOT PROVIDE OR SELL LOTTERY TICKETS AND SIMPLY ALLOW USERS TO CONNECT WITH EACH OTHER TO FACILITATE THE FORMATION OF LOTTERY POOLS. YOU SPECIFICALLY AGREE AND ACKNOWLEDGE THAT WE WILL NOT BE RESPONSIBLE FOR ANY DECISIONS YOU MAKE WITH OTHER USERS REGARDING LOTTERY POOLS OR TICKETS.
    2. WE PROVIDE THE APPLICATION WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) ANY WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR MERCHANTABILITY. THE APPLICATION MAY BE UNAVAILABLE AT CERTAIN TIMES AND MAY NOT FUNCTION ON YOUR DEVICE. WE WILL NOT BE RESPONSIBLE FOR YOUR INABILITY TO ACCESS OR USE THE APPLICATION.
    3. IN NO EVENT SHALL POOLER OR ITS OWNERS, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, OR EMPLOYEES (COLLECTIVELY, "AFFILIATES") BE LIABLE TO YOU FOR ANY, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES RESULTING FROM (I) YOUR USE OF THE APPLICATION OR INTERACTION WITH OTHER USERS, (II) ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT, INCLUDING LOTTERY AND WINNING INFORMATION, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION OR YOUR INTERACTION WITH ANY OTHER USER OR (IV) ANY INTERRUPTION OR INABILITY TO USE THE APPLICATION, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POOLER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    4. POOLER.IO MAY FROM TIME TO TIME DISTRIBUTE CONTENT SUPPLIED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, USERS, OR OTHERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND DO NOT NECESSARILY STATE OR REFLECT THE OPINION OF POOLER.IO AND SHALL NOT BE USED FOR ADVERTISING OR PRODUCT ENDORSEMENT PURPOSES. REFERENCE HEREIN TO ANY SPECIFIC COMMERCIAL PRODUCTS, PROCESS, OR SERVICE BY TRADE NAME, TRADEMARK, MANUFACTURER, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT, RECOMMENDATION, OR FAVORING BY POOLER.IO.
  12. Additional Terms
    1. Any dispute arising out of your use of this Application or material or content from this Application shall be resolved according to the laws of the state of Florida, United States of America. The federal and state courts of Miami-Dade County shall have exclusive jurisdiction over all claims.
    2. You agree to defend, indemnify and hold harmless Pooler.io from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Application, including, but not limited to, any use of the Application's content and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Application. If you are obligated to provide indemnification hereunder, Pooler may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any claim without Pooler’s written consent. If you are obligated to provide indemnification hereunder, Pooler may withhold any payment it is otherwise required to make to you to offset your indemnity obligations.
    3. 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 United States of America and in the country you reside. You further acknowledge that an applicable Regulator or state agency may retain a portion of your winnings and forward it to the appropriate taxing authority on your behalf.
    4. The Electronic Signatures in Global and National Commerce Act, 15 USC 7001-7031 requires that you consent to entering into an electronic agreement with Pooler before the agreement is executed and becomes effective. Should you enter into an online User agreement with Pooler (including these Terms of Service), you will not be required to submit a paper application/agreement. The entire agreement between you and Pooler will be evidenced by an electronic record. You must agree to the use of an electronic record and agree to read and understand these Terms of Service. After creating an Account and becoming a registered User of the Application, you have the right to withdraw your consent to the use of an electronic record. However, should you do so, your Account with Pooler will automatically be terminated and you will lose all rights to all remuneration on any subsequent winnings. Should you wish to withdraw your consent to the exclusive use of an electronic agreement, you must do so by cancelling your Account and sending an e-mail to support@pooler.io. Your request must include your name, your mailing address, and e-mail address.
    5. No waiver of by Pooler of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Pooler to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect
    6. Pooler may assign its rights and obligations under this Agreement, in whole or in part, to any person or entity at any time without notice to you and without your consent. Upon such assignment, Pooler may be relieved of any further obligation hereunder. You may not assign or delegate any rights or obligations under these Terms of Service without Pooler’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
    7. You acknowledge and agree that no joint venture, partnership, or employment relationship exists between you and Pooler as a result of these Terms of Service or your use of the Application. You agree not to hold yourself out as representative, agent, operator, distributor, or employee of Pooler. We shall not be liable for any of your representations, acts, or omissions. You also acknowledge and agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries.
    8. Certain features of the Application require communication with Pooler's servers, including, without limitation, Application downloads and Updates, which may consume and exceed your service provider’s data or minute allowance limits. You acknowledge and agree that you are solely responsible for any charges incurred with your data/mobile service provider as a result of the Application, including any overage and penalties assessed for exceeding the limits imposed by your service provider. You are responsible for the cost of your mobile device and to ensure that your mobile device meets the system requirements of the Application, including obtaining periodic updates or upgrades from your mobile device service provider to continue using the Application.
    9. These Terms of Service, our Privacy Policy and any applicable Pool Contract constitute the sole and entire agreement between you and Pooler with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Application.