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DYNASTY OWNER TERMS OF USE

Last modified: August 28, 2023

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS XIV AND XV.

Thank you for using Dynasty Owner which is an application-based fantasy sports programming interface. By using Dynasty Owner, you agree to these Terms of Use. If you disagree with any of the terms below, Dynasty Owner does not grant you a license to use the Dynasty Owner application. Dynasty Owner reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at https://dynastyowner.com/terms. Dynasty Owner may change these Terms of Use by posting a new version without notice to you. Use of Dynasty Owner after such change constitutes acceptance of such changes. ANY PARTICIPATION IN DYNASTY OWNER OR THE USE OF THE DYNASTY OWNER APPLICATION WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT PARTICIPATE IN DYNASTY OWNER OR USE THE DYNASTY OWNER APPLICATION.

  1. Licensed Uses and Restrictions

Front Office Media LLC and Dynasty Owner, LLC, both Ohio limited liability companies (collectively, “DOLLC”) agree to license to you, on a worldwide, unless prohibited by law, non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the Dynasty Owner application, all updates, revisions, substitutions, and any copies of Dynasty Owner made by or for you. All rights not expressly granted to you are reserved by DOLLC.

  1. Subject to the restrictions set forth in these Terms of Use, you may use Dynasty Owner and any updates provided by Dynasty Owner (in its sole discretion). Your license to use the Dynasty Owner application under these Terms of Use continues until it is terminated by either party. You acknowledge that from time to time that technical trouble issues may occur as is standard with technologically based applications. Dynasty Owner will use its best efforts to correct such issues. You may terminate the license by discontinuing use of all or any of the Dynasty Owner application. DOLLC may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) DOLLC publicly posts a written notice of termination on Dynasty Owner’s web site, (iii) DOLLC sends a written notice of termination to you, or (iv) Dynasty Owner ceases providing access to the Dynasty Owner application to you. Termination of the license for any reason shall be subject to the refund policy set forth in Section IV(B).
  2. If your product or service uses or is based upon the Dynasty Owner application, then you shall comply with the DOLLC Developer Policy located at https://dynastyowner.com/privacy-policy-2/.
  3. You shall use instructions provided in the Dynasty Owner application to place application identification information (application ID) into any application or service you develop that incorporates or makes any use of the Dynasty Owner application. You may only create a single application ID per application or service and such application ID must accompany all web services requests coming from that application or service. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple application IDs.
  4. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the Dynasty Owner registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Dynasty Owner application. You also agree (a) to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Dynasty Owner application. In addition, you agree to exit from your account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section and/or any unauthorized use of your account.
  5. “Public Forum” means an area, site or feature offered as part of the Dynasty Owner application that enables users (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other Dynasty Owner users, including, without limitation, D.O. Chat, any other chat areas, message boards, instant messaging, mobile messaging, social community environments, profile pages, conversation pages, and e-mail functions. Further terms governing your use of D.O. Chat may be found below. You acknowledge that anything you submit to Dynasty Owner by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material. When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any decisions made or actions taken or not taken based on such information or content.  Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
  6. You understand that there are fees for use of the Dynasty Owner application or service utilizing the Dynasty Owner application and licensing fees. There may be optional fees to facilitate wagering amongst users of the Dynasty Owner application where permitted by law. Dynasty Owner receives no profit from these optional fees. You agree that you shall submit these fees per application or service. The amount of the fee is as set forth in the documentation for each application located at and such amount may change from time to time in DOLLC’s sole discretion, effective immediately upon posting. You understand and agree that programmatic methods intended to subvert the fee are considered a violation of these Terms of Use.
  7. If you wish to confirm that your application constitutes an acceptable use of the Dynasty Owner application or wish to inquire about fee increases, register your application with us.
  8. To participate in Dynasty Owner or use the Dynasty Owner application, you must have a valid Dynasty Owner application ID to be obtained on the registration page of the Dynasty Owner application. If you do not have a Dynasty Owner application ID, you will be prompted to sign up for one while completing the registration process for Dynasty Owner.

  9. YOU SHALL NOT:

1) Use the Dynasty Owner application in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: gambling, a “Fantasy Contest” as defined in Ohio Revised Code Sec. 3774.01 or any similar law. You agree that you shall not wager with other Dynasty Owner users where such wagering is prohibited by law. Any wagering directly amongst users of the Dynasty Owner application is void where prohibited by law. 

2) Use the Dynasty Owner application in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items, non-packaged food items, weapons and accessories;

3) Use the Dynasty Owner application in connection with any commercial activity, or in connection with any materials, website, or application which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or which advertises for a product or service which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

4) Use the Dynasty Owner application in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use;

5) Sell, lease, or sublicense the Dynasty Owner application or access thereto without DOLLC’s prior, express, written permission;

6) Use the Dynasty Owner application in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Terms of Use;

7) Reverse engineer, decompile, or otherwise separate the content contained within the Dynasty Owner application from the application;

8) Use the Dynasty Owner application in a fashion that violates any applicable league guidelines, rules, or other regulations of Major League Baseball, the National Football League, the National Basketball Association, the NCAA, or any other applicable sports league (each, a “League”), as promulgated by the applicable League from time to time;

9) On a single screen/view/page use the Dynasty Owner application to compile and present complete box scores, complete statistics for all players in the League, all players on any League team (unless all such players are also on a user’s fantasy team) or all players in a fantasy league, or

10) Use the Dynasty Owner application in a product or service that competes with products or services offered by DOLLC.

  1. If you wish to use the Dynasty Owner application in any manner or for any purpose inconsistent with these Terms of Use, you may do so only by obtaining DOLLC’s prior written authorization, which may be granted or denied in DOLLC’s sole discretion. To request such authorization, email us at info@dynastyowner.com.
  2. Ownership and Relationship of Parties

The Dynasty Owner application may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. DOLLC’s rights apply to the Dynasty Owner application and all output and executables of the Dynasty Owner application, excluding any software components developed by you which do not themselves incorporate the Dynasty Owner application or any output or executables of the Dynasty Owner application. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. DOLLC owns all rights, title, and interest in and to the Dynasty Owner application. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by DOLLC, including (but not limited to) the Dynasty Owner application and DOLLC trademarks.

III. Support

DOLLC may elect to provide you with support or modifications for the Dynasty Owner application (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. DOLLC may change, suspend, or discontinue any aspect of the Dynasty Owner application at any time, including the availability of any Dynasty Owner application. DOLLC may also impose limits on certain features and services or restrict your access to parts or all of the Dynasty Owner application or the DOLLC web site without notice or liability. Please register your application for priority notification of status alerts.

  1. Fees and Payments
  2. Fees

DOLLC reserves the right to charge additional fees for future use of or access to the Dynasty Owner application in DOLLC’s sole discretion. If DOLLC decides to charge additional fees for the Dynasty Owner application, such charges will be disclosed to you prior to their effect. DOLLC also reserves the right to include advertising in or associated with Dynasty Owner application.

  1. Refund Policy

All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered. All disputes regarding fees and refunds are subject to dispute resolution and arbitration set forth in Sections XIV AND XV.

  1. Accuracy of Information

ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH THE DYNASTY OWNER APPLICATION ARE UNOFFICIAL. The Dynasty Owner application, and its respective components are offered for informational and/or entertainment purposes only. While DOLLC and any third parties used to provide the Dynasty Owner application services (the “Third Party Providers”) use reasonable efforts to include accurate and up-to-date information, neither DOLLC nor its Third-Party Providers warrant or make any representations of any kind with respect to the information provided to you through the Dynasty Owner application. DOLLC 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 Dynasty Owner application, and shall not be responsible or liable for any error or omissions in that information.

  1. Entertainment Purposes Only

Dynasty Owner is for entertainment purposes only and may not be used in connection with any form of gambling, “Fantasy Contest” as defined in Ohio Revised Code Sec. 3774.01 or any similar law.

VII. Non-Disparagement.

You agree that you will not make any critical, negative or disparaging remarks about DOLLC, its shareholders, partners, attorneys, members, directors, officers, agents, employees or representatives, affiliated, successors, or predecessor companies, the goods or services it provides, including the Dynasty Owner application and its components, its business or employment practices, its executive leadership, strategies and/ or business prospects.

The Company, in its sole discretion, may disqualify you from participation in any competitions including, but not limited to, Chase for the Ring, and any associated prizes for violation of any provisions of this section. The Company may also disqualify you from receipt of any prizes, whether associated with a particular competition or not, for violation of any provisions of this Section.

VIII. D.O. Chat Guidelines

You agree that your interactions through the D.O. Chat feature will comply with the terms of this Section. You shall not publish personal information of yourself or others (including, but not limited to, addresses, emails, phone numbers, social media accounts, passwords, bank account information, credit card information); publish personal attacks; engage in any harassment; engage in sexism, racism, hate speech, nor disparagement of any political or religious beliefs or viewpoints; or choose a profile picture that is sexually explicit or otherwise offensive in nature. You are further prohibited from taking the following actions within D.O. Chat: solicitation of anything; self-promotion of any content (including, but not limited to, videos, blogs, social media, groups/communities, sites, or services); promoting or recruiting to or for any outside communities, and any spamming of league chats or private chats.

The Company, in its sole discretion, may change your team name, delete any of your posts, and mute you or ban you from using D.O. Chat for violation of any provisions of this Section.

  1. Disclaimer of Any Warranty

DOLLC DOES NOT REPRESENT OR WARRANT THAT THE DYNASTY OWNER APPLICATION IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE DYNASTY OWNER APPLICATION IS PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND DOLLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

YOUR USE OF THE DYNASTY OWNER APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE DYNASTY OWNER APPLICATION INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

  1. Limitation of Liability

DOLLC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE DYNASTY OWNER APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT DOLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DOLLC BE LIABLE TO YOU FOR ANY AMOUNT. THE MAXIMUM DAMAGES TO WHICH YOU MAY BE ENTITLED FOR ANY REASON IS THE SUM PAID TO DOLLC IN THE TWELVE MONTHS ENDING ON THE DATE YOU FIRST NOTIFIED DOLLC OF YOUR CLAIM IN WRITING.

  1. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS V AND VI MAY NOT APPLY TO YOU.

XII. Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against DOLLC, and its parent companies, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Dynasty Owner application. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

XIII. Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify DOLLC and its parent companies, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the Dynasty Owner application, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. DOLLC shall use good faith efforts to provide you with written notice of such claim, suit or action.

XIV. Collection of Personal Information

By registering for Dynasty Owner, you agree to DOLLC’s use of your personal information as described in DOLLC’s Privacy Policy, located at https://9jn.41d.myftpupload.com/privacy-policy/.

  1. DOLLC’s Reservation of Rights

DOLLC expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of the Dynasty Owner application, if DOLLC, in its sole discretion: (a) believes you have violated or tried to violate the rights of others; (b) becomes aware of information indicating a safety concern for you, other Dynasty Owner users, or the general public; (c) believes that you have acted inconsistently with the spirit or letter of these Terms of Use, or the Official Game Instructions; or (d) ceases operation of Dynasty Owner, which DOLLC shall have the right to do in its sole discretion. The Dynasty Owner application, and its related benefits are offered at the discretion of DOLLC, and DOLLC has the right to modify or discontinue, temporarily or permanently, the Dynasty Owner application, in whole or in part for any reason, with or without notice to you. You agree that DOLLC will not be liable to you or to any third party for any modifications or discontinuance of the Dynasty Owner application.

XVI. Binding 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. BY ACCESSING AND USING THE DYNASTY OWNER APPLICATION, EACH REGISTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH DYNASTY OWNER OR DOLLC, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH BELOW, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

  1. Initial Dispute Resolution

DOLLC’s customer care team is available via the web to address any concerns you may have regarding the Dynasty Owner application. Our customer care team is able to resolve most concerns quickly to the registrants’ satisfaction. The parties shall use their best efforts through this customer care process to settle any dispute, claim, question, or disagreement and good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.

  1. Binding Arbitration

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision in Section XV(A), 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 of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Dynasty Owner application shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its rules and the supplementary procedures for consumer related disputes, excluding any rules or procedures governing or permitting class actions.

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 of Use, including, but not limited to any claim that all or any part of these Terms of Use 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 arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The rules governing the arbitration may be accessed at www.adr.org. The arbitration rules also permit a party to recover attorney’s fees in certain cases. 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.

  1. Location

Arbitration will take place in Summit County, Ohio.

  1. 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 DOLLC 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.

  1. 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 located in Summit County, Ohio for disputes or claims within the scope of that court’s jurisdiction.

  1. 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 the following address: DOLLC, 30-Day Right to Opt Out, Dynasty Owner, 4816 Brecksville Road, Floor 2, Unit, Richfield, Ohio 44286. The notice must be sent within 30 days of your first use of the Dynasty Owner application otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, DOLLC also will not be bound by them and DOLLC reserves the right to decline service and refund payments made as of the date of receipt of your notice.

  1. Changes to this Section

DOLLC will provide 60-days’ notice of any changes to this section to the email address registered on the Dynasty Owner application. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. For any dispute not subject to arbitration you and DOLLC agree to submit to the personal and exclusive jurisdiction of and venue in the state courts located in Summit County, Ohio. You further agree to accept service of process by regular U.S. mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

These Terms of Use, the relationship between you and DOLLC, and any issues and questions regarding the rights and obligations of a registrant in connection with Dynasty Owner shall be governed by, and construed in accordance with, the laws of the State of Ohio, U.S.A., without giving effect to conflict of laws provisions.

XVII. General Terms

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and DOLLC shall be and act independently and not as partner, joint venturer, independent contractor, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of DOLLC, express or implied, and you shall not attempt to bind DOLLC to any contract.
  2. Invalidity of Specific Terms.If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
  3. Amendment. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of the Dynasty Owner application following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
  4. Location of Lawsuit and Choice of Law.The Terms of Use and the relationship between you and DOLLC shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and DOLLC agree to submit to the personal jurisdiction of the courts located within Summit County, Ohio.
  5. No Waiver of Rights byDOLLC. DOLLC’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
  6. Miscellaneous.The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between DOLLC and you with respect to the subject matter hereof.
  7. Severability. The invalidity or unenforceability of any particular provision of these terms of use shall not affect the other provisions hereof, and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. The waiver by the Company of a breach of any provision of this agreement by you shall not operate or be construed as a waiver of any subsequent breach by you.
  8. Construction. All provisions of these terms of use shall be construed to the fullest extent permitted by law.

nk you for using Dynasty Owner which is an application-based fantasy sports programming interface. By using Dynasty Owner, you agree to these Terms of Use. If you disagree with any of the terms below, Dynasty Owner does not grant you a license to use the Dynasty Owner application. Dynasty Owner reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at https://dynastywoner.com/terms. Dynasty Owner may change these Terms of Use by posting a new version without notice to you. Use of Dynasty Owner after such change constitutes acceptance of such changes. ANY PARTICIPATION IN DYNASTY OWNER OR THE USE OF THE DYNASTY OWNER APPLICATION WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT PARTICIPATE IN DYNASTY OWNER OR USE THE DYNASTY OWNER APPLICATION.

  1. Licensed Uses and Restrictions

Front Office Media LLC and Dynasty Owner, LLC, both Ohio limited liability companies (collectively, “DOLLC”) agree to license to you, on a worldwide, unless prohibited by law, non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the Dynasty Owner application, all updates, revisions, substitutions, and any copies of Dynasty Owner made by or for you. All rights not expressly granted to you are reserved by DOLLC.

  1. Subject to the restrictions set forth in these Terms of Use, you may use Dynasty Owner and any updates provided by Dynasty Owner (in its sole discretion). Your license to use the Dynasty Owner application under these Terms of Use continues until it is terminated by either party. You acknowledge that from time to time that technical trouble issues may occur as is standard with technologically based applications. Dynasty Owner will use its best efforts to correct such issues. You may terminate the license by discontinuing use of all or any of the Dynasty Owner application. DOLLC may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) DOLLC publicly posts a written notice of termination on Dynasty Owner’s web site, (iii) DOLLC sends a written notice of termination to you, or (iv) Dynasty Owner ceases providing access to the Dynasty Owner application to you. Termination of the license for any reason shall be subject to the refund policy set forth in Section IV(B).
  2. If your product or service uses or is based upon the Dynasty Owner application, then you shall comply with the DOLLC Developer Policy located at https://dynastyowner.com/privacy-policy-2/.
  3. You shall use instructions provided in the Dynasty Owner application to place application identification information (application ID) into any application or service you develop that incorporates or makes any use of the Dynasty Owner application. You may only create a single application ID per application or service and such application ID must accompany all web services requests coming from that application or service. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple application IDs.
  4. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the Dynasty Owner registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Dynasty Owner application. You also agree (a) to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Dynasty Owner application. In addition, you agree to exit from your account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section and/or any unauthorized use of your account.
  5. “Public Forum” means an area, site or feature offered as part of the Dynasty Owner application that enables users (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other Dynasty Owner users, including, without limitation, D.O. Chat, any other chat areas, message boards, instant messaging, mobile messaging, social community environments, profile pages, conversation pages, and e-mail functions. Further terms governing your use of D.O. Chat may be found below. You acknowledge that anything you submit to Dynasty Owner by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material. When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any decisions made or actions taken or not taken based on such information or content.  Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
  6. You understand that there are fees for use of the Dynasty Owner application or service utilizing the Dynasty Owner application and licensing fees. There may be optional fees to facilitate wagering amongst users of the Dynasty Owner application where permitted by law. Dynasty Owner receives no profit from these optional fees. You agree that you shall submit these fees per application or service. The amount of the fee is as set forth in the documentation for each application located at and such amount may change from time to time in DOLLC’s sole discretion, effective immediately upon posting. You understand and agree that programmatic methods intended to subvert the fee are considered a violation of these Terms of Use.
  7. If you wish to confirm that your application constitutes an acceptable use of the Dynasty Owner application or wish to inquire about fee increases, register your application with us.
  8. To participate in Dynasty Owner or use the Dynasty Owner application, you must have a valid Dynasty Owner application ID to be obtained on the registration page of the Dynasty Owner application. If you do not have a Dynasty Owner application ID, you will be prompted to sign up for one while completing the registration process for Dynasty Owner.
  9. YOU SHALL NOT:

1) Use the Dynasty Owner application in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: gambling, a “Fantasy Contest” as defined in Ohio Revised Code Sec. 3774.01 or any similar law. You agree that you shall not wager with other Dynasty Owner users where such wagering is prohibited by law. Any wagering directly amongst users of the Dynasty Owner application is void where prohibited by law. 

2) Use the Dynasty Owner application in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items, non-packaged food items, weapons and accessories;

3) Use the Dynasty Owner application in connection with any commercial activity, or in connection with any materials, website, or application which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or which advertises for a product or service which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

4) Use the Dynasty Owner application in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use;

5) Sell, lease, or sublicense the Dynasty Owner application or access thereto without DOLLC’s prior, express, written permission;

6) Use the Dynasty Owner application in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Terms of Use;

7) Reverse engineer, decompile, or otherwise separate the content contained within the Dynasty Owner application from the application;

8) Use the Dynasty Owner application in a fashion that violates any applicable league guidelines, rules, or other regulations of Major League Baseball, the National Football League, the National Basketball Association, the NCAA, or any other applicable sports league (each, a “League”), as promulgated by the applicable League from time to time;

9) On a single screen/view/page use the Dynasty Owner application to compile and present complete box scores, complete statistics for all players in the League, all players on any League team (unless all such players are also on a user’s fantasy team) or all players in a fantasy league, or

10) Use the Dynasty Owner application in a product or service that competes with products or services offered by DOLLC.

  1. If you wish to use the Dynasty Owner application in any manner or for any purpose inconsistent with these Terms of Use, you may do so only by obtaining DOLLC’s prior written authorization, which may be granted or denied in DOLLC’s sole discretion. To request such authorization, email us at info@dynastyowner.com.
  2. Ownership and Relationship of Parties

The Dynasty Owner application may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. DOLLC’s rights apply to the Dynasty Owner application and all output and executables of the Dynasty Owner application, excluding any software components developed by you which do not themselves incorporate the Dynasty Owner application or any output or executables of the Dynasty Owner application. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. DOLLC owns all rights, title, and interest in and to the Dynasty Owner application. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by DOLLC, including (but not limited to) the Dynasty Owner application and DOLLC trademarks.

III. Support

DOLLC may elect to provide you with support or modifications for the Dynasty Owner application (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. DOLLC may change, suspend, or discontinue any aspect of the Dynasty Owner application at any time, including the availability of any Dynasty Owner application. DOLLC may also impose limits on certain features and services or restrict your access to parts or all of the Dynasty Owner application or the DOLLC web site without notice or liability. Please register your application for priority notification of status alerts.

  1. Fees and Payments
  2. Fees

DOLLC reserves the right to charge additional fees for future use of or access to the Dynasty Owner application in DOLLC’s sole discretion. If DOLLC decides to charge additional fees for the Dynasty Owner application, such charges will be disclosed to you prior to their effect. DOLLC also reserves the right to include advertising in or associated with Dynasty Owner application.

  1. Refund Policy

All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered. All disputes regarding fees and refunds are subject to dispute resolution and arbitration set forth in Sections XIV AND XV.

  1. Accuracy of Information

ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH THE DYNASTY OWNER APPLICATION ARE UNOFFICIAL. The Dynasty Owner application, and its respective components are offered for informational and/or entertainment purposes only. While DOLLC and any third parties used to provide the Dynasty Owner application services (the “Third Party Providers”) use reasonable efforts to include accurate and up-to-date information, neither DOLLC nor its Third-Party Providers warrant or make any representations of any kind with respect to the information provided to you through the Dynasty Owner application. DOLLC 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 Dynasty Owner application, and shall not be responsible or liable for any error or omissions in that information.

  1. Entertainment Purposes Only

Dynasty Owner is for entertainment purposes only and may not be used in connection with any form of gambling, “Fantasy Contest” as defined in Ohio Revised Code Sec. 3774.01 or any similar law.

VII. Non-Disparagement.

You agree that you will not make any critical, negative or disparaging remarks about DOLLC, its shareholders, partners, attorneys, members, directors, officers, agents, employees or representatives, affiliated, successors, or predecessor companies, the goods or services it provides, including the Dynasty Owner application and its components, its business or employment practices, its executive leadership, strategies and/ or business prospects.

The Company, in its sole discretion, may disqualify you from participation in any competitions including, but not limited to, Chase for the Ring, and any associated prizes for violation of any provisions of this section. The Company may also disqualify you from receipt of any prizes, whether associated with a particular competition or not, for violation of any provisions of this Section.

VIII. D.O. Chat Guidelines

You agree that your interactions through the D.O. Chat feature will comply with the terms of this Section. You shall not publish personal information of yourself or others (including, but not limited to, addresses, emails, phone numbers, social media accounts, passwords, bank account information, credit card information); publish personal attacks; engage in any harassment; engage in sexism, racism, hate speech, nor disparagement of any political or religious beliefs or viewpoints; or choose a profile picture that is sexually explicit or otherwise offensive in nature. You are further prohibited from taking the following actions within D.O. Chat: solicitation of anything; self-promotion of any content (including, but not limited to, videos, blogs, social media, groups/communities, sites, or services); promoting or recruiting to or for any outside communities, and any spamming of league chats or private chats.

The Company, in its sole discretion, may change your team name, delete any of your posts, and mute you or ban you from using D.O. Chat for violation of any provisions of this Section.

  1. Disclaimer of Any Warranty

DOLLC DOES NOT REPRESENT OR WARRANT THAT THE DYNASTY OWNER APPLICATION IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE DYNASTY OWNER APPLICATION IS PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND DOLLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

YOUR USE OF THE DYNASTY OWNER APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE DYNASTY OWNER APPLICATION INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

  1. Limitation of Liability

DOLLC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE DYNASTY OWNER APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT DOLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DOLLC BE LIABLE TO YOU FOR ANY AMOUNT. THE MAXIMUM DAMAGES TO WHICH YOU MAY BE ENTITLED FOR ANY REASON IS THE SUM PAID TO DOLLC IN THE TWELVE MONTHS ENDING ON THE DATE YOU FIRST NOTIFIED DOLLC OF YOUR CLAIM IN WRITING.

  1. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS V AND VI MAY NOT APPLY TO YOU.

XII. Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against DOLLC, and its parent companies, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Dynasty Owner application. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

XIII. Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify DOLLC and its parent companies, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the Dynasty Owner application, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. DOLLC shall use good faith efforts to provide you with written notice of such claim, suit or action.

XIV. Collection of Personal Information

By registering for Dynasty Owner, you agree to DOLLC’s use of your personal information as described in DOLLC’s Privacy Policy, located at https://9jn.41d.myftpupload.com/privacy-policy/.

  1. DOLLC’s Reservation of Rights

DOLLC expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of the Dynasty Owner application, if DOLLC, in its sole discretion: (a) believes you have violated or tried to violate the rights of others; (b) becomes aware of information indicating a safety concern for you, other Dynasty Owner users, or the general public, or (c) believes that you have acted inconsistently with the spirit or letter of these Terms of Use, or the Official Game Instructions. The Dynasty Owner application, and its related benefits are offered at the discretion of DOLLC, and DOLLC has the right to modify or discontinue, temporarily or permanently, the Dynasty Owner application s, in whole or in part for any reason, with or without notice to you. You agree that DOLLC will not be liable to you or to any third party for any modifications or discontinuance of the Dynasty Owner application.

XVI. Binding 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. BY ACCESSING AND USING THE DYNASTY OWNER APPLICATION, EACH REGISTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH DYNASTY OWNER OR DOLLC, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH BELOW, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

  1. Initial Dispute Resolution

DOLLC’s customer care team is available via the web to address any concerns you may have regarding the Dynasty Owner application. Our customer care team is able to resolve most concerns quickly to the registrants’ satisfaction. The parties shall use their best efforts through this customer care process to settle any dispute, claim, question, or disagreement and good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.

  1. Binding Arbitration

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision in Section XV(A), 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 of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Dynasty Owner application shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its rules and the supplementary procedures for consumer related disputes, excluding any rules or procedures governing or permitting class actions.

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 of Use, including, but not limited to any claim that all or any part of these Terms of Use 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 arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The rules governing the arbitration may be accessed at www.adr.org. The arbitration rules also permit a party to recover attorney’s fees in certain cases. 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.

  1. Location

Arbitration will take place in Summit County, Ohio.

  1. 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 DOLLC 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.

  1. 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 located in Summit County, Ohio for disputes or claims within the scope of that court’s jurisdiction.

  1. 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 the following address: DOLLC, 30-Day Right to Opt Out, Dynasty Owner, 4816 Brecksville Road, Floor 2, Unit, Richfield, Ohio 44286. The notice must be sent within 30 days of your first use of the Dynasty Owner application otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, DOLLC also will not be bound by them and DOLLC reserves the right to decline service and refund payments made as of the date of receipt of your notice.

  1. Changes to this Section

DOLLC will provide 60-days’ notice of any changes to this section to the email address registered on the Dynasty Owner application. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. For any dispute not subject to arbitration you and DOLLC agree to submit to the personal and exclusive jurisdiction of and venue in the state courts located in Summit County, Ohio. You further agree to accept service of process by regular U.S. mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

These Terms of Use, the relationship between you and DOLLC, and any issues and questions regarding the rights and obligations of a registrant in connection with Dynasty Owner shall be governed by, and construed in accordance with, the laws of the State of Ohio, U.S.A., without giving effect to conflict of laws provisions.

XVII. General Terms

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and DOLLC shall be and act independently and not as partner, joint venturer, independent contractor, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of DOLLC, express or implied, and you shall not attempt to bind DOLLC to any contract.
  2. Invalidity of Specific Terms.If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
  3. Amendment. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of the Dynasty Owner application following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
  4. Location of Lawsuit and Choice of Law.The Terms of Use and the relationship between you and DOLLC shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and DOLLC agree to submit to the personal jurisdiction of the courts located within Summit County, Ohio.
  5. No Waiver of Rights byDOLLC. DOLLC’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
  6. Miscellaneous.The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between DOLLC and you with respect to the subject matter hereof.
  7. Severability. The invalidity or unenforceability of any particular provision of these terms of use shall not affect the other provisions hereof, and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. The waiver by the Company of a breach of any provision of this agreement by you shall not operate or be construed as a waiver of any subsequent breach by you.
  8. Construction. All provisions of these terms of use shall be construed to the fullest extent permitted by law.

DYNASTY OWNER TERMS OF USE

Last modified: March 7, 2023

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTIONS XIV AND XV.

Thank you for using Dynasty Owner which is an application-based fantasy sports programming interface. By using Dynasty Owner, you agree to these Terms of Use. If you disagree with any of the terms below, Dynasty Owner does not grant you a license to use the Dynasty Owner application. Dynasty Owner reserves the right to update and change, from time to time, these Terms of Use and all documents incorporated by reference. You can always find the most recent version of these Terms of Use at https://dynastywoner.com/terms. Dynasty Owner may change these Terms of Use by posting a new version without notice to you. Use of Dynasty Owner after such change constitutes acceptance of such changes. ANY PARTICIPATION IN DYNASTY OWNER OR THE USE OF THE DYNASTY OWNER APPLICATION WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE ABOVE, PLEASE DO NOT PARTICIPATE IN DYNASTY OWNER OR USE THE DYNASTY OWNER APPLICATION.

  1. Licensed Uses and Restrictions

Front Office Media LLC and Dynasty Owner, LLC, both Ohio limited liability companies (collectively, “DOLLC”) agree to license to you, on a worldwide, unless prohibited by law, non-exclusive, non-sublicensable basis on the terms and conditions set forth herein. These Terms of Use define legal use of the Dynasty Owner application, all updates, revisions, substitutions, and any copies of Dynasty Owner made by or for you. All rights not expressly granted to you are reserved by DOLLC.

  1. Subject to the restrictions set forth in these Terms of Use, you may use Dynasty Owner and any updates provided by Dynasty Owner (in its sole discretion). Your license to use the Dynasty Owner application under these Terms of Use continues until it is terminated by either party. You acknowledge that from time to time that technical trouble issues may occur as is standard with technologically based applications. Dynasty Owner will use its best efforts to correct such issues. You may terminate the license by discontinuing use of all or any of the Dynasty Owner application. DOLLC may terminate the license at any time for any reason. These Terms of Use terminate automatically if (i) you violate any term of these Terms of Use, (ii) DOLLC publicly posts a written notice of termination on Dynasty Owner’s web site, (iii) DOLLC sends a written notice of termination to you, or (iv) Dynasty Owner ceases providing access to the Dynasty Owner application to you. Termination of the license for any reason shall be subject to the refund policy set forth in Section IV(B).
  2. If your product or service uses or is based upon the Dynasty Owner application, then you shall comply with the DOLLC Developer Policy located at https://dynastyowner.com/privacy-policy-2/.
  3. You shall use instructions provided in the Dynasty Owner application to place application identification information (application ID) into any application or service you develop that incorporates or makes any use of the Dynasty Owner application. You may only create a single application ID per application or service and such application ID must accompany all web services requests coming from that application or service. You must provide accurate identification, contact, and other information required as part of the registration process. You SHALL NOT create any script or other automated tool that attempts to create multiple application IDs.
  4. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the Dynasty Owner registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the Dynasty Owner application. You also agree (a) to promptly notify us of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to Dynasty Owner application. In addition, you agree to exit from your account at the end of each session. We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section and/or any unauthorized use of your account.
  5. “Public Forum” means an area, site or feature offered as part of the Dynasty Owner application that enables users (a) to submit, post, display and/or view User-Generated Content and/or (b) to communicate, share or exchange User-Generated Content with other Dynasty Owner users, including, without limitation, D.O. Chat, any other chat areas, message boards, instant messaging, mobile messaging, social community environments, profile pages, conversation pages, and e-mail functions. Further terms governing your use of D.O. Chat may be found below. You acknowledge that anything you submit to Dynasty Owner by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the User-Generated Content submitted and/or posted under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice. If we elect to screen User-Generated Content, there may be a delay in the posting of such content in a Public Forum to allow for a review process. If we have questions about your User-Generated Content including, without limitation, the copyright, we may contact you for further information including, for example, to verify that you own the copyright or otherwise obtained permission to post the material. When participating in a Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any User-Generated Content contained in a Public Forum, and we shall not be responsible for any decisions made or actions taken or not taken based on such information or content.  Your ability to access and browse User-Generated Content within a Public Forum and/or to submit and/or post User-Generated Content within a Public Forum may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such age restrictions and procedures will be posted within the Public Forum, as applicable.
  6. You understand that there are fees for use of the Dynasty Owner application or service utilizing the Dynasty Owner application and licensing fees. There may be optional fees to facilitate wagering amongst users of the Dynasty Owner application where permitted by law. Dynasty Owner receives no profit from these optional fees. You agree that you shall submit these fees per application or service. The amount of the fee is as set forth in the documentation for each application located at and such amount may change from time to time in DOLLC’s sole discretion, effective immediately upon posting. You understand and agree that programmatic methods intended to subvert the fee are considered a violation of these Terms of Use.
  7. If you wish to confirm that your application constitutes an acceptable use of the Dynasty Owner application or wish to inquire about fee increases, register your application with us.
  8. To participate in Dynasty Owner or use the Dynasty Owner application, you must have a valid Dynasty Owner application ID to be obtained on the registration page of the Dynasty Owner application. If you do not have a Dynasty Owner application ID, you will be prompted to sign up for one while completing the registration process for Dynasty Owner.
  9. YOU SHALL NOT:

1) Use the Dynasty Owner application in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: gambling, a “Fantasy Contest” as defined in Ohio Revised Code Sec. 3774.01 or any similar law. You agree that you shall not wager with other Dynasty Owner users where such wagering is prohibited by law. Any wagering directly amongst users of the Dynasty Owner application is void where prohibited by law. 

2) Use the Dynasty Owner application in connection with or to promote any products, services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to US embargo, hate materials (e.g. Nazi memorabilia), goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items, non-packaged food items, weapons and accessories;

3) Use the Dynasty Owner application in connection with any commercial activity, or in connection with any materials, website, or application which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or which advertises for a product or service which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

4) Use the Dynasty Owner application in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality, or in any manner inconsistent with these Terms of Use;

5) Sell, lease, or sublicense the Dynasty Owner application or access thereto without DOLLC’s prior, express, written permission;

6) Use the Dynasty Owner application in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise fails to comply or is inconsistent with any part of these Terms of Use;

7) Reverse engineer, decompile, or otherwise separate the content contained within the Dynasty Owner application from the application;

8) Use the Dynasty Owner application in a fashion that violates any applicable league guidelines, rules, or other regulations of Major League Baseball, the National Football League, the National Basketball Association, the NCAA, or any other applicable sports league (each, a “League”), as promulgated by the applicable League from time to time;

9) On a single screen/view/page use the Dynasty Owner application to compile and present complete box scores, complete statistics for all players in the League, all players on any League team (unless all such players are also on a user’s fantasy team) or all players in a fantasy league, or

10) Use the Dynasty Owner application in a product or service that competes with products or services offered by DOLLC.

  1. If you wish to use the Dynasty Owner application in any manner or for any purpose inconsistent with these Terms of Use, you may do so only by obtaining DOLLC’s prior written authorization, which may be granted or denied in DOLLC’s sole discretion. To request such authorization, email us at info@dynastyowner.com.
  2. Ownership and Relationship of Parties

The Dynasty Owner application may be protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. DOLLC’s rights apply to the Dynasty Owner application and all output and executables of the Dynasty Owner application, excluding any software components developed by you which do not themselves incorporate the Dynasty Owner application or any output or executables of the Dynasty Owner application. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in these Terms of Use. DOLLC owns all rights, title, and interest in and to the Dynasty Owner application. These Terms of Use grant you no right, title, or interest in any intellectual property owned or licensed by DOLLC, including (but not limited to) the Dynasty Owner application and DOLLC trademarks.

III. Support

DOLLC may elect to provide you with support or modifications for the Dynasty Owner application (collectively, “Support”), in its sole discretion, and may terminate such Support at any time without notice to you. DOLLC may change, suspend, or discontinue any aspect of the Dynasty Owner application at any time, including the availability of any Dynasty Owner application. DOLLC may also impose limits on certain features and services or restrict your access to parts or all of the Dynasty Owner application or the DOLLC web site without notice or liability. Please register your application for priority notification of status alerts.

  1. Fees and Payments
  1. Fees

DOLLC reserves the right to charge additional fees for future use of or access to the Dynasty Owner application in DOLLC’s sole discretion. If DOLLC decides to charge additional fees for the Dynasty Owner application, such charges will be disclosed to you prior to their effect. DOLLC also reserves the right to include advertising in or associated with Dynasty Owner application.

  1. Refund Policy

All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered. All disputes regarding fees and refunds are subject to dispute resolution and arbitration set forth in Sections XIV AND XV.

  1. Accuracy of Information

ALL STATISTICS AND OTHER INFORMATION PROVIDED THROUGH THE DYNASTY OWNER APPLICATION ARE UNOFFICIAL. The Dynasty Owner application, and its respective components are offered for informational and/or entertainment purposes only. While DOLLC and any third parties used to provide the Dynasty Owner application services (the “Third Party Providers”) use reasonable efforts to include accurate and up-to-date information, neither DOLLC nor its Third-Party Providers warrant or make any representations of any kind with respect to the information provided to you through the Dynasty Owner application. DOLLC 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 Dynasty Owner application, and shall not be responsible or liable for any error or omissions in that information.

  1. Entertainment Purposes Only

Dynasty Owner is for entertainment purposes only and may not be used in connection with any form of gambling, “Fantasy Contest” as defined in Ohio Revised Code Sec. 3774.01 or any similar law.

VII. Non-Disparagement.

You agree that you will not make any critical, negative or disparaging remarks about DOLLC, its shareholders, partners, attorneys, members, directors, officers, agents, employees or representatives, affiliated, successors, or predecessor companies, the goods or services it provides, including the Dynasty Owner application and its components, its business or employment practices, its executive leadership, strategies and/ or business prospects.

The Company, in its sole discretion, may disqualify you from participation in any competitions including, but not limited to, Chase for the Ring, and any associated prizes for violation of any provisions of this section. The Company may also disqualify you from receipt of any prizes, whether associated with a particular competition or not, for violation of any provisions of this Section.

 

VIII. D.O. Chat Guidelines

You agree that your interactions through the D.O. Chat feature will comply with the terms of this Section. You shall not publish personal information of yourself or others (including, but not limited to, addresses, emails, phone numbers, social media accounts, passwords, bank account information, credit card information); publish personal attacks; engage in any harassment; engage in sexism, racism, hate speech, nor disparagement of any political or religious beliefs or viewpoints; or choose a profile picture that is sexually explicit or otherwise offensive in nature. You are further prohibited from taking the following actions within D.O. Chat: solicitation of anything; self-promotion of any content (including, but not limited to, videos, blogs, social media, groups/communities, sites, or services); promoting or recruiting to or for any outside communities, and any spamming of league chats or private chats.

The Company, in its sole discretion, may change your team name, delete any of your posts, and mute you or ban you from using D.O. Chat for violation of any provisions of this Section.

  1. Disclaimer of Any Warranty

DOLLC DOES NOT REPRESENT OR WARRANT THAT THE DYNASTY OWNER APPLICATION IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE DYNASTY OWNER APPLICATION IS PROVIDED “AS IS” WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND DOLLC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT.

YOUR USE OF THE DYNASTY OWNER APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF THE DYNASTY OWNER APPLICATION INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

  1. Limitation of Liability

DOLLC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE DYNASTY OWNER APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT DOLLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DOLLC BE LIABLE TO YOU FOR ANY AMOUNT. THE MAXIMUM DAMAGES TO WHICH YOU MAY BE ENTITLED FOR ANY REASON IS THE SUM PAID TO DOLLC IN THE TWELVE MONTHS ENDING ON THE DATE YOU FIRST NOTIFIED DOLLC OF YOUR CLAIM IN WRITING.

  1. Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS V AND VI MAY NOT APPLY TO YOU.

XII. Release and Waiver

To the maximum extent permitted by applicable law, you hereby release and waive all claims against DOLLC, and its parent companies, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of the Dynasty Owner application. If you are a California resident, you waive your rights under California Civil Code § 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

XIII. Hold Harmless and Indemnity

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify DOLLC and its parent companies, subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the Dynasty Owner application, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. DOLLC shall use good faith efforts to provide you with written notice of such claim, suit or action.

XIV. Collection of Personal Information

By registering for Dynasty Owner, you agree to DOLLC’s use of your personal information as described in DOLLC’s Privacy Policy, located at https://9jn.41d.myftpupload.com/privacy-policy/.

  1. DOLLC’s Reservation of Rights

DOLLC expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of the Dynasty Owner application, if DOLLC, in its sole discretion: (a) believes you have violated or tried to violate the rights of others; (b) becomes aware of information indicating a safety concern for you, other Dynasty Owner users, or the general public, or (c) believes that you have acted inconsistently with the spirit or letter of these Terms of Use, or the Official Game Instructions. The Dynasty Owner application, and its related benefits are offered at the discretion of DOLLC, and DOLLC has the right to modify or discontinue, temporarily or permanently, the Dynasty Owner application s, in whole or in part for any reason, with or without notice to you. You agree that DOLLC will not be liable to you or to any third party for any modifications or discontinuance of the Dynasty Owner application.

XVI. Binding 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. BY ACCESSING AND USING THE DYNASTY OWNER APPLICATION, EACH REGISTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH DYNASTY OWNER OR DOLLC, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH BELOW, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

  1. Initial Dispute Resolution

DOLLC’s customer care team is available via the web to address any concerns you may have regarding the Dynasty Owner application. Our customer care team is able to resolve most concerns quickly to the registrants’ satisfaction. The parties shall use their best efforts through this customer care process to settle any dispute, claim, question, or disagreement and good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration.

  1. Binding Arbitration

If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution under the Initial Dispute Resolution provision in Section XV(A), 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 of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Dynasty Owner application shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its rules and the supplementary procedures for consumer related disputes, excluding any rules or procedures governing or permitting class actions.

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 of Use, including, but not limited to any claim that all or any part of these Terms of Use 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 arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The rules governing the arbitration may be accessed at www.adr.org. The arbitration rules also permit a party to recover attorney’s fees in certain cases. 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.

  1. Location

Arbitration will take place in Summit County, Ohio.

  1. 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 DOLLC 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.

  1. 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 located in Summit County, Ohio for disputes or claims within the scope of that court’s jurisdiction.

  1. 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 the following address: DOLLC, 30-Day Right to Opt Out, Dynasty Owner, 4816 Brecksville Road, Floor 2, Unit, Richfield, Ohio 44286. The notice must be sent within 30 days of your first use of the Dynasty Owner application otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, DOLLC also will not be bound by them and DOLLC reserves the right to decline service and refund payments made as of the date of receipt of your notice.

  1. Changes to this Section

DOLLC will provide 60-days’ notice of any changes to this section to the email address registered on the Dynasty Owner application. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. For any dispute not subject to arbitration you and DOLLC agree to submit to the personal and exclusive jurisdiction of and venue in the state courts located in Summit County, Ohio. You further agree to accept service of process by regular U.S. mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

These Terms of Use, the relationship between you and DOLLC, and any issues and questions regarding the rights and obligations of a registrant in connection with Dynasty Owner shall be governed by, and construed in accordance with, the laws of the State of Ohio, U.S.A., without giving effect to conflict of laws provisions.

XVII. General Terms

  1. Relationship of the Parties. Notwithstanding any provision hereof, for all purposes of the Terms of Use, you and DOLLC shall be and act independently and not as partner, joint venturer, independent contractor, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of DOLLC, express or implied, and you shall not attempt to bind DOLLC to any contract.
  2. Invalidity of Specific Terms.If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of such documents remain in full force and effect.
  3. Amendment. We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of the Dynasty Owner application following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
  4. Location of Lawsuit and Choice of Law.The Terms of Use and the relationship between you and DOLLC shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and DOLLC agree to submit to the personal jurisdiction of the courts located within Summit County, Ohio.
  5. No Waiver of Rights byDOLLC. DOLLC’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision.
  6. Miscellaneous.The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of the Terms of Use. Any construction or interpretation to be made of the Terms of Use shall not be construed against the drafter. The Terms of Use constitute the entire agreement between DOLLC and you with respect to the subject matter hereof.
  7. Severability. The invalidity or unenforceability of any particular provision of these terms of use shall not affect the other provisions hereof, and this agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. The waiver by the Company of a breach of any provision of this agreement by you shall not operate or be construed as a waiver of any subsequent breach by you.
  8. Construction. All provisions of these terms of use shall be construed to the fullest extent permitted by law.