Updated as of February 19, 2026
Contents
- 1. Acceptance of Terms
- 2. Modifications
- 3. Eligibility
- 4. Conditions of Participation
- 5. Game Rules
- 6. Promotions
- 7. Wallet & Payment
- 8. User Conduct
- 9. User Content
- 10. Indemnity
- 11. Warranty Disclaimers
- 12. Limitations on Liability
- 13. Proprietary Rights
- 14. Links
- 15. Termination
- 16. No Third-Party Beneficiaries
- 17. Copyright Infringement
- 18. Initial Dispute Resolution
- 19. Arbitration
- 20. General Information
1. Acceptance of Terms
ROTORACKET LLC and as applicable, its subsidiaries and affiliates (collectively, “The Drop Shot,” “Drop Shot,” “we,” “our,” or “us”) own and operate the Drop Shot website (https://dropshotft.com/) and mobile app(s), through which we offer free-to-play games, paid-entry contests of skill, event contracts, and other games, tools, content, products and services (collectively, the “Service”). Before accessing or using the Services, please read these General Terms of Use and any additional terms, rules, guidelines and conditions issued, from time to time, by Drop Shot (collectively, the “Terms”) carefully.
By using or otherwise accessing the Service, or clicking to accept or agree to these Terms where that option is made available, you (1) accept and agree to these Terms and our additional Rules and Scoring system and (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) any additional terms, rules and conditions of participation in particular contests issued by Drop Shot from time to time. If you do not agree to the Terms, then you may not access or use the Content or Services.
THESE TERMS ALSO CONTAIN DISCLAIMERS OF WARRANTIES, AND DISCLAIMERS OF LIABILITY THAT AFFECT YOUR RIGHTS FOR RESOLVING ANY DISPUTE WITH US, AS WELL AS AN INDEMNIFICATION PROVISION THAT MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES. IF YOU DO NOT AGREE TO THIS COLLECTION OF TERMS, THEN DO NOT USE THE SERVICES. PLEASE READ THEM CAREFULLY.
2. Modifications to Terms of Use
The Drop Shot reserves the right, at its sole discretion, to modify or replace the Terms and Conditions at any time. You are responsible for reviewing and understanding any such modifications. If a revision to the Terms and Conditions is material, Drop Shot will notify you by contacting you through the email address associated with your player account. Use of The Drop Shot by you after any modification to the Terms and Conditions constitutes your acceptance of the Terms and Conditions as modified.
3. Eligibility
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these terms and to abide by and comply with these terms.
The Drop Shot Fantasy Tennis is available in Alabama, Alaska, Arizona, Arkansas, California, Canada (excluding Ontario), Colorado, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.
By registering for an account and/or using the Service, you are representing and warranting that:
- You are of legal age to use or access the Service
- 21 years of age or older in Massachusetts, Iowa, Virginia, Arizona and Louisiana
- 19 years of age or older in Alabama, Nebraska
- 18 years of age or older in all other states, districts and territories of the United States of America in which participation in the contest is not prohibited by applicable law
- You are a citizen or resident of the United States of America or Canada and that you have an address in the United States of America or Canada
- At the time of deposit or game entry you are physically located in the United States of America or Canada in a jurisdiction in which participation in the contest is not prohibited by applicable law
- You are not listed on any U.S. Government list of prohibited or restricted parties
- You will abide at all times by these Terms of Use and any other agreements between you and Drop Shot regarding your use of the Service or participation in games
- When depositing funds or entering a paid contest, you are not physically located in any of the following states: Hawaii, Connecticut, Idaho, Montana, Nevada or Washington (the “Excluded States”)
- You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the IRS that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding
- When entering any contest that awards prizes, you are not an employee or operator of another daily fantasy site that charges entrance fees or offers cash prizes
- You do not, by virtue of affiliation with another daily fantasy site, have access to the site’s pre-release non-public confidential data about contest-related information
In Canada, participation is prohibited in the province of Ontario. In Louisiana, participation is prohibited in the following parishes: Allen, Avoyelles, Beauregard, Caldwell, Catahoula, Franklin, Grant, Jackson, Jefferson Davis, LaSalle, Morehouse, Richland, Sabine, Union, Vernon, West Carroll, Winn.
If Drop Shot determines that you do not meet the eligibility requirements of this section, then you are not authorized to use the Services. Drop Shot makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law. Drop Shot may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize.
Athletes, coaches and other team management, team support personnel (e.g. without limitation, team physicians) and team owners may not participate in any Drop Shot Paid Contests in which a real money prize is awarded in the sport or sports with which they’re associated. Team owners, referees, league employees, sports commissioners and other individuals who through an ownership interest or game-related employment can influence the gameplay are likewise ineligible for Paid Contests in which a real money prize is awarded.
Drop Shot is not affiliated with or sponsored by the International Tennis Federation (ITF), Association of Tennis Professionals (ATP), or the Women’s Tennis Association (WTA), or any other regional or international professional tennis associations.
4. Conditions of Participation
4.1 Registration
In order to participate in a contest on the Service, you must register for an account. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (“Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Drop Shot has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, The Drop Shot may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained, used and controlled by one individual. In the event Drop Shot determines that you have opened, maintained, used or controlled more than one account, Drop Shot reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
4.2 Account Password and Security
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password. You may not use a Username that promotes a commercial venture or a Username that Drop Shot in its sole discretion deems offensive. You are responsible for maintaining the confidentiality of your Password, and are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never use the same Password for the Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else; (c) immediately notify Drop Shot of any unauthorized use of your Username and Password or account or any other breach of security; and (d) use only your own Username and Password to access the Service’s Restricted Areas. The Drop Shot cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
4.3 Communications and Information Practices
As a result of your registration for the Service, you may receive certain commercial communications from Drop Shot. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to [email protected].
4.4 Disqualification and Cancellation
Drop Shot reserves the right to cancel contests, in our sole discretion, without any restrictions. Drop Shot, in its sole discretion, may disqualify you from a contest or the entire Service, refuse to award fantasy points or prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Drop Shot deems, in its sole discretion, to be improper, unfair, fraudulent or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information; violating eligible payment method terms; violating any of these rules; accumulating points or prizes through unauthorized methods; tampering with the administration of the Service; obtaining other entrants’ information and spamming other entrants; using proxy servers to misrepresent your identity or location; and abusing the Service in any way.
4.5 Deposits and Withdrawals (Paid Contests)
Drop Shot offers both Free Contests and Paid Contests. By registering for an account and/or using the Service for a Paid Contest, you agree to provide us with accurate information including a valid name, date of birth, and social security number (or the last four digits thereof), residential address, email address, phone number, and any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations.
Deposits, and player winnings after Paid Contests are finished, are held in a separate, segregated bank account managed by ROTORACKET LLC. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct, and Drop Shot may not use them to cover its operating expenses or for other purposes. Subject to such checks, you may close your account and withdraw your deposits and/or winnings at any time and for any reason.
4.6 Taxation (Paid Contests)
Drop Shot may require each year for all winners who have won $600 or more over the previous year updated address and social security details. These details will be used to allow The Drop Shot to comply with tax regulations and may be shared with appropriate tax authorities. You, not Drop Shot, are responsible for filing and paying applicable state and federal taxes on any winnings. Drop Shot does not provide tax advice. By agreeing to these Terms, you are consenting to electronic delivery of all informational tax forms such as Form 1099 and Form W-2G.
5. Game Rules
5.1 Games of Skill
The Service includes both free contests and paid-entry contests of skill where you may win cash prizes (“Contests”). Contests are games of skill and are not games of chance. Winners are determined by the individuals who use their skill and knowledge of relevant sports information and fantasy sports rules. Contest results and prize calculations are based on the final statistics at the completion of the last applicable sporting event of each individual Contest.
5.2 Entry Fee (Paid Contests)
Each Drop Shot Paid Contest has an entry fee listed in US dollars. When you opt to participate in a contest, that amount in US dollars will be debited from your Drop Shot account. Drop Shot reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry. Drop Shot further reserves the right to refuse or limit any entry fees or bonuses at its sole discretion for any reason whatsoever.
5.3 Contest Term
Drop Shot offers Contests for professional sports events that may take place on a single day, over multiple days, one week, several weeks or for an entire season.
5.4 Scoring and Statistics
Contest results will be based solely on the final statistics and scoring result at the completion of the last professional sports games relating to each contest, in accordance with data provided by our third-party data providers, which is subject to human error and may not be 100% accurate. As such, we cannot guarantee the accuracy of the data used to allocate points scoring in all circumstances, nor do we accept liability for any loss or damage resulting from any such inaccuracies. The scoring results of a contest will not be changed regardless of any official statistics or scoring adjustments made by the leagues at later times or dates; however, we reserve the right to make corrections or amendments to the scoring or points allocated during a contest at any time before the prize for that contest has been awarded.
Drop Shot retains the sole discretion to amend scores if a potential scoring error by a provider or Drop Shot is identified. Under such circumstances, contest results may be adjusted, and payments may be reversed and reissued accordingly based on the correction.
5.5 Prizes (Paid Contests)
After each Contest ends, the tentative winners are announced but remain subject to final verification. The players in each contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the contest details. Prizes are added to the winning player’s account balance. In the event of a tie, the prize is divided evenly between the tied players, unless otherwise specified. No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of the winner.
5.6 Cancellations
If any Contest is not capable of running as planned, for any reason including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our control which corrupt or affect the administration, security, fairness, integrity or proper conduct of any Contest, Drop Shot reserves the right at its sole discretion to cancel, terminate, modify, or suspend a Contest without any further obligation. In the event of a cancellation, all entry fees will be refunded to the customer except as specifically provided in these Terms.
6. Promotions
From time to time, we may institute promotional programs as an incentive to use our Services, including but not limited to entering Contests. Such promotional programs may be governed by their own terms and conditions which will be presented at the time of such promotions.
Our promotional programs may include the delivery of play-through credit bonuses to users, meant to be used for additional Contest entries, based on certain criteria. The Drop Shot reserves the right to reclaim said bonuses if users do not use them to enter Contests within thirty (30) days of their initial award and Drop Shot may cancel user bonuses in the event the user violates these Terms.
7. Drop Shot Wallet & Payment Terms
You may be eligible to link your bank account and/or a credit card to your Drop Shot account in order to create a wallet (a “Drop Shot Wallet”). Your Drop Shot Wallet can be used to fund participation in certain Services we offer to eligible users, such as our Contests.
In order to setup and use a Drop Shot Wallet, you must:
- Be a legal resident of the United States or Canada
- Be at least 18 years of age (In order to access Contests, depending upon your jurisdiction, you may be required to be 19 or 21)
- Be physically located in one (1) of the fifty (50) states (or the District of Columbia), or one of the provinces of Canada (In order to access Contests, you must not be located in an “Excluded State”)
- Possess a valid tax identification or social security number
- Possess (and have the authority to utilize) a valid bank account or credit card issued by a financial institution in the United States
- Undergo (and pass) an identity/background verification check
By inputting a payment method, you represent and warrant that you are the lawful owner of the payment method account. You agree that all payments are final and that we are under no obligation to refund any transaction once a payment has been made, subject to applicable law.
If your Drop Shot Wallet has no activity for twenty-four (24) consecutive months, it may be considered inactive. Drop Shot may assess a monthly fee of $2.99 to maintain inactive wallets until it is reactivated by entering Contests, making a deposit, or withdrawing funds. Prior to deducting any fees due to wallet inactivity, Drop Shot will provide you at least thirty (30) days’ written notice.
Once a Drop Shot Wallet is legally found to be abandoned, as determined by each jurisdiction’s applicable law, Drop Shot may be required to remit the abandoned funds to the appropriate state agency as unclaimed property.
8. User Conduct
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Drop Shot. By way of example, and not as a limitation, you agree not to:
- Abuse, harass, impersonate, intimidate or threaten other Drop Shot users
- Post or transmit any Content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates any law or right of any third party
- Use the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws
- Post or transmit any communication designed or intended to obtain password, account, or private information from any Drop Shot user
- Create or submit unwanted email (“Spam”) to any other Drop Shot users
- Infringe upon the intellectual property rights of Drop Shot, its users, or any third party
- Post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware
- Use any robot, spider, scraper, sniping software or other automated means to access the Service without our express written permission
- Use artificial means, including creating multiple user accounts, to inflate your position and standing with the The Drop Shot leader boards and community
- Advertise to, or solicit, any user to buy or sell any products or Service without their prior explicit consent
- Sell or otherwise transfer your profile
- Attempt to influence the play in any sporting event from which athletes are available for selection in Drop Shot contests
- Enter into contests, by any means including multi-accounting, for which you are ineligible
- Use proxy servers or any other software or technology to misrepresent your identity or location
Violation of our rules may result in the removal of your Content from the Service, forfeiture of winnings, and/or the canceling of your account. To report Terms of Use violations, please contact us at [email protected].
9. User Content
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which such User Content originated. This means that you, not Drop Shot, are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Drop Shot be liable in any way for any User Content.
Drop Shot and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, undelete, modify and/or move any User Content available via the Service. Without limiting the foregoing, Drop Shot shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in Drop Shot’s sole discretion.
With respect to User Content you submit or otherwise make available on or to the Service, you grant Drop Shot an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part), and to incorporate such User Content into other works, in any format or medium now known or later developed.
You are solely responsible for your interactions with other users of the Service. Drop Shot reserves the right, but has no obligation, to monitor disputes between you and other users.
10. Indemnity
You agree to release and to indemnify, defend and hold harmless Drop Shot and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Service, your violation of these Terms of Use, your receipt, ownership, use or misuse of any prize, and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Drop Shot reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Drop Shot in the defense of such matter.
11. Warranty Disclaimers
You expressly understand and agree that your use of the Service is at your sole risk. The Service (including the Service and the Content) are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You acknowledge that Drop Shot has no control over, and no duty to take any action regarding: which users gain access to or use the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Drop Shot from all liability for you having acquired or not acquired Content through the Service. Drop Shot makes no representation that participation in paid entry fantasy sports contests is lawful under Texas state law.
12. Limitations on Liability
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM AND SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE PLATFORM AND SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE RELEASED PARTIES NOR THEIR SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DROP SHOT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DROP SHOT FOR GENERAL USE OF THE PLATFORM OR SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE.
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 may not apply to you.
13. Our Proprietary Rights
All title, ownership and intellectual property rights in and to the Service are owned by Drop Shot or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Drop Shot, you agree not to copy, modify, rent, lease, loan, sell, distribute, perform, display or create derivative works based on the Service, in whole or in part.
Subject to your compliance with these Terms, Drop Shot grants you a limited non-exclusive, non-transferable license to download and install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use. Drop Shot reserves all rights in and to the app not expressly granted to you under these Terms.
14. Links
The Service provides, or third parties may provide, links to other World Wide Web sites or resources. Because Drop Shot has no control over such sites and resources, you acknowledge and agree that Drop Shot is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
15. Termination
Drop Shot may terminate or suspend all or part of the Service and your Drop Shot account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms. Upon termination of your account, your right to use the Service will immediately cease. If you wish to terminate your Drop Shot account, you may contact us through your account page.
If your account is subject to a suspension, you must respect the restrictions and limitations imposed on your account as part of the suspension, and you should communicate with Drop Shot regarding restoration of your account only via email at [email protected].
16. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
17. Copyright Infringement
Drop Shot may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide Drop Shot’s Copyright Agent with a written notice containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on the Service
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner’s behalf
Drop Shot’s Copyright Agent can be reached by email at [email protected].
18. Initial Dispute Resolution
The parties shall use their best efforts through the Customer Support Service 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.
For any dispute you initiate, you agree to send a written description of the dispute (“Notice of Dispute”) along with the email address associated with your account to Drop Shot Customer Service. The Notice of Dispute must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the email address associated with the account on file; and the specific relief sought.
If the dispute is not resolved within sixty (60) days after receipt of the Notice of Dispute, or after the completion of the initial dispute resolution conference, whichever is later, you and Drop Shot agree to resolve any remaining dispute through the further dispute resolution provisions below.
19. Arbitration
19.1 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, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. All claims arising out of or relating to these Terms, the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes, excluding any rules or procedures governing or permitting class actions.
19.2 Location
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents in Canada, arbitration shall be initiated in the County of New York, State of New York, United States of America.
19.3 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 DROP SHOT 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.
19.4 Exception — Intellectual Property and Small Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
19.5 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. The notice must be sent to Drop Shot headquarters within 30 days of your first use of the Service, otherwise you shall be bound to arbitrate disputes in accordance with those paragraphs. If you opt-out of these arbitration provisions, Drop Shot also will not be bound by them.
For any dispute not subject to arbitration you and Drop Shot agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in New York, NY, USA. The Terms and the relationship between you and The Drop Shot shall be governed by the laws of the State of Florida without regard to conflict of law provisions.
20. General Information
Entire Agreement
These Terms (and any additional terms, rules and conditions of participation in particular contests that Drop Shot may post on the Service) constitute the entire agreement between you and Drop Shot with respect to the Service and supersede any prior agreements, oral or written, between you and Drop Shot.
Waiver and Severability
The failure of Drop Shot to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Account Inactivity Fee
If your Drop Shot account has no activity for twenty-four (24) months, it will be considered inactive. Drop Shot will assess a fee of $2.99 per month on Drop Shot Wallet balances from all inactive accounts until the account is reactivated by logging in to your account, entering a contest, making a deposit, or withdrawing funds. Drop Shot will provide all users subject to an inactivity fee with at least thirty (30) days’ notice prior to deducting any fees.
If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, Drop Shot is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property.
Communications
Users with questions, complaints or claims with respect to the Service may contact us at [email protected].
Thank you for using The Drop Shot!