Terms of Use and Service

Thank you for visiting trilogypowerpools.com ‘’the Site’ and mobile application. Any use of the website or application is subject to these Terms of Use and Service (the “Terms of Use”). Please review them carefully. ‘These Terms of Use’ govern your use of the Application (as defined below) as provided by Trilogy Power Pools, LLC.

NOTICE: TRILOGYPOWERPOOLS.COM IS NOT AFFILIATED WITH, ENDORSED BY OR AN AGENT OF ANY STATE LOTTERY OR GOVERNMENT AGENCY.

NOTICE: PLEASE READ THESE ‘TERMS OF USE AND SERVICE AGREEMENT’ CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

PLEASE READ THE BINDING ARBITRATION CLAUSE IN SECTION 22 and 23., IT AFFECTS HOW DISPUTES ARE RESOLVED.

IF YOU DO NOT AGREE TO THE TERMS OF THIS ‘POOL TERMS AND REVENUE SHARING AGREEMENT’, PLEASE DO NOT USE THE SERVICE. USE OF THE SERVICE CONSTITUTES AGREEMENT TO THESE POOL TERMS AND REVENUE SHARING AGREEMENT.

As Used Herein,

Definitions.

Unless otherwise defined herein, the terms in these Terms and Conditions shall have their ordinary meaning; or, in the case of words defined in Title 14 of the Arizona Revised Statutes, terms shall have the definitions set forth therein.

1. ‘Regulator’ means the government organization that regulates a lottery in a given jurisdiction (e.g. The Arizona Lottery);
2. ‘Regulated Gambling’ means the Regulator (State Lottery) that sponsors, conducts and regulates all state lottery games and rules thereto, such as selecting the lottery games offered.
3. ’Trilogy Power Pools’, TPP the Arizona limited liability company known as Trilogy Power Pools, LLC.
4. ‘You’ and ‘Your’ means you, each person, and group of individuals, entity or entities who visits or uses the Site or Application for any purpose.
5. ’User’ means any person that opens and maintains an Account on this Application or on trilogypowerpools.com and acknowledging this Agreement as a precondition to the account;
6. ‘These Terms’ refers to the ‘Terms of Use and Service’, the ‘Pool Terms and Revenue Sharing Trust Agreement’ and the ‘Privacy Policy’, collectively incorporated and hereinafter referred to as ‘these Terms’; as well as any attachments, schedules, or exhibits thereto;
7. ‘The Services’ refers to trilogypowerpools.com (the "Site") and any version of the TPP Progressive Web App;
8. ‘The Site’ means the Service that refers to trilogypowerpools.com (the “Site” and/or “the App” ) and any version of the trilogypowerpools.com or trilogypowerpools.com mobile application (the "Application")
9. ’Content’ refers to any text, image, picture, video, audio, software, code, data, application, program, process, feature, function, service, or other material of any kind offered on the Services;
10. ‘Trilogy’, ’TPP’, ‘us’ and ‘we’ means Trilogy Power Pools, LLC, including its agents, contractors, any and all parties involved in any service or servicing, creating, producing, or delivering the Application or trilogypowerpools.com or the TPP App;
11. ‘Application’ means trilogypowerpools.com services that are offered on the TPP application, which shall include, without limitation, all indicia, processes, technology and materials used to provide such services including means for registering to be named a beneficiary for a share in an ‘Open Pool’;
12. ‘Service Fees’ means the users monthly subscription fee payment to TPP to access and use the Site, the App and related Services stated herein;

Overview.

1. The Services Provided

(i) information about the Arizona Lottery (the "Lottery") that is provided by the official lottery operator (the "Lottery Operator"), (ii) enables TPP the (“Grantor”) to purchase lottery tickets for specific and separate Lottery draws (each for a "Lottery Draw") by means of the Application, (iii) the Site’s messenger services (“the Messenger Service”); and (iv) offers and Services (defined below) to Users, all subject to and in accordance with ‘these Terms’.

2. Acceptance of “these Terms and Conditions of Use"

By accessing the Application, creating an account via the Application (an "Account"), or clicking to accept or agree to ‘these Terms’ when this option is made available to you, you hereby (i) acknowledge that you have read and agree to be bound to and abide by ‘‘these Terms’; (ii) represent and warrant that you are eligible to access the TPP Application and are authorized and able to accept ‘these Terms’; and (c) acknowledge that you have read TTP’s Privacy Policy, available at trilogypowerpools.com/privacy.php, and agree that TPP may collect, process, store, and disclose your information consistent with such policy. If you do not wish to be bound by ‘these Terms’, you must not access or use the Application. By declining to accept ‘these Terms’, you will be unable to create an Account or access or use the Application.

We reserve the right to change ‘these Terms’ at any time without prior notice to you. If we make what we determine to be material changes to ‘these Terms’ of Service, we will notify you by prominently posting a notice or by sending a notice to the e-mail address on file. It is your obligation to provide us with notice of any change to your e-mail address by sending us notice immediately to support@trilogypowerpools.com. Your continued use of the Application following such material changes constitutes your affirmative consent to the changes. If you do not agree to the changes, your sole remedy is to cease using the Application and provide written notice of same to support@trilogypowerpools.com. We will automatically deactivate your Account and return any funds remaining in your Account, as detailed in ‘these Terms’, unless you instruct us otherwise. You are expected to check this page each time you access the Application so you are aware of any changes, as they are binding on you.

3. Ability to Accept Terms and Legality of Use.

The Services are not intended for individuals under the age of eighteen “18” or twenty one “21” where required in the applicable Jurisdiction. Therefore, if you are under 18 years or 21, you are prohibited from registering an Account (defined below) and using these Services. If it comes to our attention through reliable means that you are under the age of 18 or 21 as aforesaid, we may to the extent applicable, cancel your Account and/or access to the Services and take any other action required by applicable law. It is your exclusive responsibility to determine that your access and use of the Site and the Services is legal and permissible pursuant to all applicable laws and regulations.

4. Site Access and Use.

We hereby grant you permission to access and use the Site, provided that you comply with ‘these Terms’ and applicable law and do not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content, except as expressly authorized herein; (iii) disrupt servers or networks connected to the Services; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access and/or use the Services; (v) use the communications systems provided by the Services to send unsolicited or unauthorized commercial communications; (vi) use the Site for fraudulent or deceptive purposes; and/or (vii) circumvent, disable or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site. We reserve all rights not expressly granted in and to the Services.

5. Services.

Subject to applicable registration requirements, and your compliance with ‘these Terms’, we offer certain services in connection with these ‘Terms’ Services, including, without limitation: Pool Subscription and Registration Service, Auto-Pool Subscription and Registration Service, Alert Service, and the Support Service see at Pool Terms and Revenue Sharing Agreement.

6. Account.

Age Restriction. Use of the Services is restricted to users who are “18” years of age or older. Individuals who are not “18” years or twenty-one “21” of age where required in the applicable Jurisdiction or who are barred from purchasing lottery are strictly prohibited from accessing or using the Services. Your age will be verified using third party services, including IDAnalyzer.com. Information about IDAnalyzer.com can be found at IDAnalyzer.com. In order to use some of the Services, it is necessary to first create an account (an "Account") and submit certain mandatory information to us in connection with your Account. You reserve the right to decide whether to submit any information to us, however, if you choose not to submit mandatory information you may be unable to open or register an Account, use or participate in certain Services. You may only register one Account for your own personal use. You agree not to create an Account for anyone else or use the Account of another. When creating your Account, you must provide accurate and complete information, including full name, residential address, confirmation of legal age, contact e-mail or personal telephone number, and must thereafter keep such details up-to-date. By providing these data you grant TPP permission to verify the data provided, including the verification of your age, directly through TPP or through specialized third party providers. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. TPP will treat with care the information you entrust to it, in accordance with its privacy notice. You must notify TPP immediately of any breach of security or unauthorized use of your Account. You can stop using, and may delete, your Account at any time by using the tools that are available on the Site ("Site Tools"). It is prohibited for Users to sell, transfer and/or acquire Accounts to or from other Users or to transfer funds between Accounts.

7. Account Restrictions.

If you are an (i) employee, director, officer, or Agent (defined herein) of TTP, or (ii) entity or person that is connected with the management or operation of a Lottery Draw, including each Lottery Operator and its employees; or (iii) a spouse, de facto partner, parent, sibling, child or close family member of any of the persons mentioned in (i) and (ii) above, then you are be prohibited from registering an Account and participating in any Services. "Agent" means any third party service provider (and its employees) that we engage to perform Site management tasks on our behalf.

7.1 We reserve the right to refuse to create an Account or to close an Account, at our sole discretion, save only that in the event of the closure of an Account, we will honor any already-existing obligations we may have to the User thereof.

7.2 You may close your Account at any time by providing notice of termination via the appropriate interface on the Website.

7.3 We will not apply an administrative fee on your Account if your Account has been inactive for a consecutive period of at least twelve (12) months (“Inactive Account”). An Account is deemed inactive when during the mentioned period there has not been recorded on the Account any log in and/or log out without the requirement for any financial transaction.

7.4 We will notify you by means of an email sent to the email address listed in your Account (such notice will be entitled, “Inactive Account Notification”) that your Account is about to become an Inactive Account. The Inactive Account Notification will be sent to you up to one month prior to your Account becoming inactive.

7.5 If your Account is considered a DORMANT ACCOUNT, i.e. no transaction has been recorded on the Account for a period of twelve (12) months or longer, we will notify you by means of an email to the email address listed in your Account (such notice will be entitled, "Dormant Account Notification").

7.6 If you do not take any action on your Account or contact us within seven (7) days of such email notification, all funds therein, if any, will be removed from your Account and either (i) transferred to you or, (ii) if we have been unable to contact you and/or if you cannot be satisfactorily located, transferred to us. Following the transfer of funds as described we shall close your Account.

8. Your Account is not Transferable.

You may not transfer your account to or share your account with any other party. Each individual must open their own Account. The name on subscription order must match the name on your Account. In the event of any dispute, the Account holder (i.e. the person or entity who opened the Account and provided payment information) is deemed the User of the account. Under no circumstances shall you allow or permit any other person or third party, including, without limitation, any person under the age of eighteen (18) (or twenty-one (21) where required in the applicable Jurisdiction) or who are barred from purchasing lottery Tickets under the laws of the applicable Jurisdiction or, to use the Application or to use or re-use your Account, including but not limited to, in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Application or of your Account and for any use of your payment instrument by any other person or third party in connection with your Account. The account expressly cannot be transferred to any heirs, assigns, receivers, trustees, or other third parties of any nature whatsoever. Any person found to have violated this section may be reported to the relevant authorities and TPP has the right to suspend or terminate your Account immediately, withhold your Account balance, revoke your right to any share of ‘Pool Revenue’ or corresponding prizes, and refuse any and all current or future use of the Application (or any portion thereof). TPP will not be liable for any loss that you may incur as a result of someone else using your Account.

9. Lottery Draws and Geo-Location.

Lottery Draws. Each Lottery Draw is performed by the Lottery Operator. All lottery Tickets held and played by the ‘Trust’ in each Lottery Draw is subject to the terms and conditions of the related Lottery Operator ("Lottery Operator Rules"), which you agree to independently review on the ‘Lottery Operators website Site’. The rules and statutes governing the Arizona Lottery Operator can be found here at arizonalottery.com.

Geo-Locating. While you may be able to access your Account and conduct certain non-gaming activities from outside the State of Arizona, please note that all services provided on or through the Services at this time are, (i) available for monthly subscriptions by users physically located within the State of Arizona, (ii) for registration as a beneficiary of a Trust and (iii) may be further limited, in our discretion, to legal residents of the State of Arizona or elsewhere. At which time of your subscription or registration, (iv) we may ask you to certify that you are physically located within the State of Arizona. To assist us in our compliance with the legal requirements limiting our services to within the State of Arizona, we will need to verify your location through the use of geo-location and filtering software and services arcgis.com, which may be embedded in the TPP Mobile Application or downloaded by you to your device through the Services. In using the Geo-location Software required to use our services on your device, you accept, consent to, and agree to comply with ‘these Terms’ and any applicable third-party terms specifically referenced through the Services as the same may be updated from time to time. The Geo-location Software facilitates the collection of various data relevant to verify your location within the State of Arizona ("Geo-location Data"). By logging onto the “Site” to open your account or for your monthly subscriptions and payment of service fees and using the Geo-location Software, you consent to TTP (i) may verify your location via the Geo-location Software each time you make or renew your monthly subscription through the Services, and (ii) transmitting, collecting, maintaining, processing and using your Geo-location Data in order to provide, improve and administer your Account and location-based services or if we are unable to verify your physical location within the State of Arizona for any reason, you will not be able to open your “Account” or subscribe to the “Services” pursuant to ‘these Terms’.

10. Alert Service.

We offer certain alert services in connection with the Services whereby we provide Users with the opportunity to receive updates and alerts about Lotteries, Jackpots, Prizes, and certain results of Lottery Draws (collectively, the "Alert Service"). The Alert Service may provide Users with the opportunity to choose whether to receive certain notifications by email ("Email Alerts") or SMS ("SMS Alerts"). If you choose to use the Alert Service, you may stop to use it at any time by using the Services Tools or by sending us an opt-out request in accordance with our Privacy Notice. Please note that in addition to the Alert Service, we may anyway send you email notifications of the Services as well as certain email or SMS advertisements, all in accordance with our Privacy Notice.

In order to use the Alert Service you must (i) have registered a valid, and maintain an active, Account; (ii) comply with ‘these Terms’; and (iii) if you wish to receive Email Alerts and/or SMS Alerts, maintain (as applicable) an active external email account ("Email Address") and/or mobile phone number ("Mobile Phone Number"). You may elect to use any part of the Alert Service by using the Services Tools to provide us your Email Address and/or Mobile Phone Number and to designate information about Lottery Draws, Prizes, or the Services that you would like to receive (collectively, "Notifications"). You agree,

(a) that, depending on your designated method for receiving Notifications, we will send you Notifications to your Email Address and/or Mobile Phone Number;

(b) to only provide accurate and current contact details for yourself, and to update your Email Address and/or Mobile Phone Number by using the Services Tools if either of them changes; and,

(c) that you will continue to receive Notifications from us until such time as you use the Services Tools to suspend your participation in the Alert Service, or change the Notifications that you wish to receive, both of which you may do at any time.

Costs. We do not currently charge for using our Alert Service. However, some third party service providers charge a fee for you to receive SMS messages. If you choose to receive SMS Alerts (or otherwise choose to receive an advertising-related SMS from us), you acknowledge and agree that you may be charged your telecommunications carrier's or internet provider's messaging, data, internet access and other rates and fees for receiving the SMS.

11. Promotions.

To the extent that we offer certain promotions through the Services, you agree that your participation in said promotions is subject to ‘these Terms’. Details of our current promotions are displayed on the Services, as updated from time to time.

12. Aborted Monthly Subscription and Termination of Subscription; Errors.

In the event that the processing of your monthly subscription, once it has been submitted, is interrupted by a system failure of any nature and is not capable of completion, the amount of the subscription fee will be refunded to your Account.

We reserve the right to terminate submitted subscriptions without prior notice, whenever we deem this necessary due to software or other errors.

In the event that any information is incorrectly published through the Services, we will take action in order to rectify and amend the data in our system so as to reflect the correct information. Any winnings which are affected by the publishing of incorrect information will also be accordingly amended.

13. ‘The “Pool Terms and Revenue Sharing Agreement”

The agreement can be viewed on the Site. The Agreement sets forth all terms and conditions between all parties to the agreement and can be viewed here: Pool Terms and Revenue Sharing Agreement.

14. Banking.

For the avoidance of doubt, TPP is not, nor should be treated as, a financial institution. No interest will be paid on any amounts deposited with or otherwise held by TPP or related Trust.

The personal data of a User's Account and of the holder of the bank account (or any other payment method) to which it is requested that any Withdrawal be paid must correspond. We may perform a KYC procedure through which we will verify the validity of a User's personal details submitted prior to permitting any CASH Withdrawal. Information on withdrawal methods will be provided via the Site.

Taxes and Reporting. You are solely and wholly responsible for the reporting and payment of any and all taxes and charges arising from or imposed on amounts paid or transferred to you under ‘these Terms’. You acknowledge and agree that the Lottery Operator might retain a portion of your share of the ‘Pool’ Prize and forward it to the appropriate taxing authority on your behalf.

Currency. To the extent that we credit or transfer you any amounts under ‘these Terms’, we will do so in U.S. Dollars. The amount of the fee will be displayed on the Site.

15. Intellectual Property Rights.

The content on the Site, including without limitation, the text, documents, descriptions, products, technology, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Content") and the trademarks, service marks and logos contained therein ("Marks"), are the property of Trilogy Power Pools, LLC and/or its licensors and may be protected by applicable copyright, trademark, patent or other intellectual property laws and treaties. Content may include information about regulated lotteries in general, Lottery Draws, the results and prize money in connection with the foregoing, and information regarding the odds of a TPP ‘Pool’ winning a Lottery Draw. We reserve all rights not expressly granted in and to the Site and the Content. Content on the Site is provided to you "AS IS" for your information and personal use only and may not be used, modified, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. “Trilogy Power Pools”, the Trilogy Power Pools logo, “TPP”, "Your TPP Agent", TPP ’Power Pools’ and other marks are Marks of TPP or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.

16. Disclosure.

We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce ‘these Terms’, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of TPP, its users or the public

17. Links.

17.1 The Site may contain links to third party websites that are not owned or controlled by TPP. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites. You expressly release TPP from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.

17.2 TPP permits you to link to the Site provided that (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with TPP or present any false information about TPP and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that,(a) is offensive or controversial (both at our sole discretion), or (b) infringes any intellectual property, privacy rights, or other rights of any person or entity; and; (vi) you, and your website, comply with ‘these Terms’ and applicable law.

18. Information Description.

We attempt to be as accurate as possible. However, we cannot and do not warrant that the ‘Content’ available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.

19. Privacy Compliance.

You agree that any of your personal information that we may collect or obtain in connection with the Site and ‘these Services’ shall be subject to, and may be used in accordance with, our privacy notice which is available at trilogypowerpools.com/privacy.php ("Privacy Policy"). Only employees of TPP who require such access to perform their tasks will have access to such information as set out in 17.2 above, we will only supply your personal information to third parties on an opt-in basis (i.e. you must authorize us to do so).

20. Support Service, Questions, and Complaints.

If you have any questions or complaints regarding the Site, including with respect to ‘these Services’ and/or any payments, you may (i) email us at support@trilogypowerpools.com, (ii) submit an inquiry to us by using the or' Contact Us' option that is provided on the Site; (iii) chat with us via the online tool that we provide on the Site; and/or (iv) call us (at your own cost) to the support telephone number that we display on the Site (collectively, the "Support Service"). We use commercially reasonable efforts to respond as quickly as possible. If you have a complaint, you agree to provide full details of your complaint so that we can clearly identify the issue of concern. We may use the tools, software or services of third party service providers in connection with the Support Service.

A complaint must contain clear information regarding the complainant's identity and must include all relevant details which gave rise to the complaint.

We will inform you by notice in writing of the results of our inquiry within 21 days from the date on which your complaint was submitted to us.

21. Warranty Disclaimers.

This section applies whether or not the services provided under the site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TPP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TPP TRUST “POOLS”, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

TPP does not guarantee that the site will be free of bugs, security breaches, or virus attacks. The site may occasionally be unavailable for routine maintenance, upgrading, or other reasons. You agree that TPP will not be held responsible for any consequences to you or any third party that may result from technical problems of the internet, slow connections, traffic congestion, and overload of our or other servers, delay or failure in transmission, or any alteration or distortion of data.

We do not warrant, endorse or guarantee any content, product, or service that is featured or advertised on the site by a third party.

You agree that TPP shall not be liable for any lost or damaged lottery tickets or failure to lodge a lost or damage form for its purchase of lottery tickets, or failure to assign any lottery tickets to a “open pool” or post an ‘open pool’ on the site, or for any clerical errors that may be included as a result thereto, thereof or therefrom, whether such failure or error arises from TPP or its agents, related trust, its trustee, service provider's, systems, or from TPP, or one of TPP’s agents, related trust, trustees, service providers, human error (each an "incident").

To the extent that any incident arises, or we become aware of any incident before the ‘open pool’ registration deadline or the ‘open pool’ fails to open (failed), we reserve the right at our option to (i) Remove and replace you from the failed pool and register you in new ‘Open Pool’ at no additional charge or fee and give you notice of the registration or, (ii) Refund your monthly subscription fee payment made to TPP to register you for four (4) ‘Open Pools’, minus the potation of the fee paid for the one or more of the 4 ‘Open Pools’ that failed and our sole liability to you, and your sole remedy and full settlement and damages for TPP’s failure to register you for any 1 or more of the 4 ‘Open Pools’ or any of the ‘Open Pools’ failed to open, shall be the refund your monthly subscription fee payment made to TPP for four ‘Open Pools’, minus the potation of the Service Fee equitant for one or more of the ‘Open Pools’ that opened.

You acknowledge that content regarding any regulated lottery game draw, including the official results of any lottery draw (collectively, "lottery operator data"), is based on information that we obtain from lottery operators and such content may be incorrect, incomplete, and subject to change. We do not warrant, endorse or guarantee the accuracy, currency, or completeness of any lottery operator data and you agree to verify lottery operator data via the website or official publications of the relevant lottery operator.

We do not make any representation or warranty regarding any “Pool’ you are a registered beneficiary of will hold any winning lottery tickets or receive any lottery prizes satisfactory to your expectations of your ‘share’ of the ‘Pool Revenue’ distributed to you.

TPP does not guarantee that a lottery operator will perform (including properly) any lottery draw, honor a lottery ticket and/or pay applicable prizes to your ‘Pool’ and you agree that TPP will not be responsible for the failure of any lottery operator in connection with any of the foregoing activities. In no event will TPP be required or liable to pay you any prize, or amount equal to the prize, in the event that a lottery operator fails to pay TPP or related ‘trust’ its trustee for any reason. You hereby waive any legal or equitable claims, rights or remedies you may have against TPP, Trust or ‘Pool’ you are a registered beneficiary of, or anyone acting on its behalf that arises from TPP or your interaction with the ‘Pool Trustee’ and/or the actions or inactions of the lottery operator.

TPP is not a lottery operator and does not hold or provide lottery draws. TPP or each related trust holding lottery tickets are the “Bear” of the tickets for lottery drawing and shall claim all ticket prizes. Your subscription for shares in a ‘pool’ is voluntary and at your sole risk. If you have a dispute with a lottery operator, the ‘trust’ or ‘pool’ or any other user or third party in connection with the site and/or a lottery draw (and any prize in connection thereto), you agree that neither TPP or the ‘Trust’ is liable for any claims or damages arising out of or connected with such a dispute. TPP reserves the right, but has no obligation, to monitor any such dispute.

We are not a lottery nor do we sell lottery tickets; we are not affiliated, endorsed by or agent of any state lottery. We buy lottery tickets from state lottery licensed retailers. We scan the tickets and store then in a secured safe. We convey the tickets to a Trust identified by a ‘Pool’ number. We post a digital image of the tickets to our app. The Trust is the Owner and BEARER of the tickets. The Trustee claim all lottery ticket wins for the trust which becomes the Pool Revenue. The pool revenue divided by the pool size is disbursed to the pool beneficiaries. Each beneficiary registered to be named a beneficiary of the pool for a minimum of one share of the pool revenue. The pool size is stated before user registers for a share of the pool. We distribute the pool revenue to the beneficiaries. Our subscribers (users of our services) are the trust beneficiaries of the pool. See below for further terms and conditions.

Except as expressly stated in our privacy policy, TPP does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the site.

22. Arbitration and Limitation of Liability.

22.1 NO CLASS ACTIONS. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND MAY NOT BRING A CLAIM OR JOIN AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

22.2 BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST TPP AND ANY RELEASED PARTIES IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE OPT-OUT PROCEDURE SET FORTH BELOW.

23. Time Limit for Bringing Claims.

YOU AGREE THAT REGARDLESS OF ANY LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO ‘THE TERMS OF USE and SERVICE, THE POOL TERMS AND REVENUE SHAREING TRUST AGREEMENT, THE PRIVACY POLICY, THE APPLICATON OR ANY OF THE SERVICES PROVIDED BY TPP OR THROUGH THE APPLICATION MUST BE SUBMITTED TO ARBITRATION WITHIN ONE (1) YEAR OR SUCH CLAIM SHALL BE FOREVER BARRED AND MUTE. THAT ONE-YEAR STATUTE OF LIMITATIONS SHALL BEGIN TO RUN ON THE DATE PROVIDED UNDER APPLICABLE LAW.

23.1 Resolving Disputes: PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, THEY MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

23.2 First of all, we want to address your concerns without litigation. Before filing a claim against TPP or the ‘Pool’, you agree to try to resolve the dispute informally by contacting support@trilogypowerpools.com. We'll try to resolve the dispute informally by contacting you via email, text messaging, or other reasonable means. If a dispute is not resolved within 15 days of submission, you, TPP or the ‘Pool Trustee’ may bring a formal arbitration proceeding as described below.

23.2.1 Subscription Fee Payment Disputes. If you have a complaint or dispute regarding any payment to us, by us, or under ‘these ‘Terms’ including with respect to an monthly subscription fee payment due or paid to TPP, lottery prizes, Real Money, or any Bonus Money (a "Payment Dispute") you are first required to submit details of the Payment Dispute to us via our Support Service and we will use commercially reasonable efforts to respond as quickly as possible. Both you and TPP hereby agree to cooperate in good faith with each other to amicably resolve any Payment Dispute.

23.3 We Both Agree to Arbitrate. You, TPP and the related ‘Trust’ agree to resolve through final and binding arbitration any claims relating to ‘these Terms’, the Application, and any other services offered on or through the Application or the Site, except as set forth under Exceptions to Agreement to Arbitrate below. The arbitration shall be imitated and held in the city of Phoenix, Maricopa County, Arizona. You and TPP agree to submit to the jurisdiction thereto to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

23.4 Choice of Law. You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You otherwise agree that the law of the state of Arizona governs ‘these Terms’ and any claim or dispute that you may have against us, without regard to Arizona's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods or Services shall have no applicability.

23.5 Indemnification. You agree to defend, indemnify and hold harmless TPP and related Trust from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of ‘these Terms’, your use of the Application, including, but not limited to, any use of the Application's Content, products and Services other than as expressly authorized in ‘these Terms or your use of any information obtained from the Site and Application. If you are obligated to provide indemnification hereunder, TPP may, in its sole and absolute discretion, control the disposition of any claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any claim without TPP's written consent. If you are obligated to provide indemnification hereunder, TPP may withhold any payment it is otherwise required to make to you to help offset your indemnity obligations.

23.6 Arbitration Procedures. The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated available at jamsadr.com or by calling JAMS at 1-800-352-5276 (referred to as the "JAMS Rules") and under the rules set forth in ‘these Terms. We may also mutually agree to have the arbitration conducted by telephone, zoom or other internet method or on written submissions.

23.7 Arbitration and Attorney's Fees. You and TPP each agree you are individually responsible to pay for any and all action you bring regarding Arbitration, related direct and indirect attorney cost and fees. Neither party shall be responsible to pay any cost or fees incurred by the other party.

23.8 If you make a ‘Claim’ for Arbitration and the arbitrator finds the ‘Claim’ to be frivolous, you are responsible for all costs and fees you incurred in the arbitration process including, but not limited to your attorney's fees and expert witness costs unless TPP is otherwise specifically required to pay such cost and fees under applicable law.

23.9 If you make a ‘Claim’ for not receiving $100 or more of your share of a designated “Pool’, the JAMS Rules will govern you and TPP’s payments of your individual filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on you and TPP, and judgment to enforce the decision may be entered by any court of competent jurisdiction. You and TPP agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow ‘these ‘Terms’ and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys' fees. Notwithstanding the foregoing, you and TPP understand that, absent this mandatory arbitration provision, neither you nor TPP would have the right to sue in court or have a jury trial. You and TPP 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 as follows, (i) If either you or TPP are the prevailing party in the arbitration, applicable law or this Agreement shall allow the arbitrator to award the total sum of the ‘Claim’ for an amount of $100 or (ii) If your claim is for your share of the ‘Pool Revenue’, your claim is limited to and only against the Trust or the Trustee of the ‘Pool’ identified by a ‘Pool Number’ with whom you have the dispute with and action for your claim.

23.10 If either you or the Trust or its trustee are the prevailing party in the arbitration, applicable law or this Agreement shall allow the arbitrator to “award” the total sum of the ‘Claim’ for a limited sum up to the lottery Prize (dollar) amount paid by the lottery to the Trust or its trustee in exchange for the lottery’s redemption of the lottery tickets less, (i) all state and federal tax withhold and (ii) any liability or obligation withheld by the lottery for nonpayment of you state and/or federal and other legal obligations outstanding by lien, default judgment and/or by a court order. (iii) the “award” shall be to the prevailing party.

23.11 Severability; Waiver of Jury Trial. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and TPP agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claim asserted by you against any present or future parent or affiliated company of TPP or related ‘Trust’ to the extent that any such claims arise out of your access to, and/or use of the Site, Application, and/or the provision of services and/or technology on or through the Site or Application.

23.12 Exceptions to Agreement to Arbitrate. Either you or TPP may assert a claim, if the amount specified in the ‘Claim’ qualify in small claims court in Phoenix, Arizona provided the informal dispute resolution described above was unsuccessful. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

24. Opt-out of Agreement to Arbitrate.

You can decline this agreement to arbitrate by sending a letter to TPP that must be postmarked within 30 days of your first acceptance of ‘these Terms of Service’. The letter must specify your first and last names, Account ID, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent to support@trilogypowerpools.com. NOTICE, If you opt-out you will no longer be allowed to use our services or the App and your account is closed.

25. LIMITATION OR EXCLUSIONS.

UNDER NO CIRCUMSTANCES SHALL TTP, OR ASSOCIATED AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, LICENSEES, ASSIGNS AND/OR AGENTS, RELATED ‘TRUST’, TRUSTEES AND BENEFICIARIES THERETO BE LIABLE FOR ANY LOSS OF CREDITS,MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARISES UNDER ‘THESE TERMS’ OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE EVEN IF TTP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL TPP, OR OUR AFFILIATES', AND OUR RESPECTIVE OFFICER'S, DIRECTOR'S, EMPLOYEE'S, LICENSOR'S, ASSIGN'S AND/OR AGENT'S, RELATED ‘TRUST’, ITS TRUSTEES AND BENEFICIARIES THERETO TOTAL AGGREGATE LIABILITY UNDER ‘these Terms’ EXCEED THE GREATER OF (I) THE AMOUNT PAID BY YOU TO TTP FOR SUBSCRIPTION FEES PAID FOR SERVICES AND USING THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM; OR (II) US$100 (ONE HUNDRED U.S. DOLLARS) OR PURSUANT TO 23.9 AND 23.10 ABOVE.

26. Indemnity.

You agree to defend, indemnify and hold harmless TPP and our affiliates, and our respective officers, directors, employees and agents, related ’Trust’, its trustee from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) any dispute between you and another User or Lottery Operator; or (iii) your violation of ‘these Terms’.

27. Responsible Gaming Policy.

TPP encourages a responsible attitude towards lottery draw games, and in this regard we: (i) prohibit anyone under the age of 18 years (or the applicable age in the relevant state or country) from registering an Account and using our Services; (ii) recommend that all Users establish limits for participating in any TPP related “Trust” or ‘pool’; and (iii) do not recommend that Users turn to any ‘Trust’ or ‘Pool’ as a source of income other than as Beneficiary thereto or as a way to recoup debt. If you feel that you are using our Services in an irresponsible way we encourage you to stop using them and close you’re Account by using the Site Tools that we make available on the Site to do so. These include the following:

• You may, at your discretion, choose to limit the subscription amount during a specific period of time as is provided by means of the Site.
• You may, at your discretion, choose to limit the subscription amount you may subscribe for during a specific period of time as is provided by means of the Site.
• You may at your discretion choose to set a maximum session time during which you may be logged in at the Site. After this period has expired, you will be logged out of the Site and any Subscription by you in progress is stopped.
• You may at your discretion choose to set a time-out for yourself for a period of one day up to 8 weeks, as per the functions within the Site. During this time you will be unable to subscribe for the service or make a deposit.
• You may at your discretion choose to exclude yourself from subscribing for a definite or an indefinite time, as per the functions within the Site, during which period you will not be able to access your Account.
• Any self-exclusion request would be valid for the subscription for ‘Pools’ you are not currently a registered Beneficiary of and does not include other services or sites operated by us.
• If you wish to reduce a limit or increase an exclusion, these shall become effective immediately upon receipt of notification. If you would wish to increase the subscription limit set by you, such change shall only take place seven (7) days after the request has been received. The time-out and self-exclusion are irrevocable for the selected period.



Our Site contains information and links to organizations which can help in case of problem gambling. If you have concerns about your participation in Lotteries or lottery related ‘Trust’, then we encourage you to seek help through the footer area of our website.

28. Anti-Money Laundering.

TPP will not accept subscriptions payment for services offer on the site, which it believes such payment has been obtained by unlawful or ill-gotten means, and will operate checks on all transactions in order to prevent money laundering. Any transactions which TPP considers as suspicious will be reported to the relevant authorities.

29. Term and Termination.

‘These Terms’ are effective until terminated by TPP. TPP in its sole discretion has the right to terminate your access to the Site, or any part thereof, immediately at any time (including, without any limitation, for a breach of any of ‘these Terms’. TPP shall not be liable to you or any third party for termination of the Site or any part thereof. If you object to any term or condition of the ‘these Terms’, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of ‘these Terms’, you shall cease all use of the Site, and any provision which by its nature should survive, shall survive termination of ‘these Terms’.

30. Assignment.

‘These Terms’ and any rights and license granted hereunder, may not be transferred or assigned by you but may be assigned by TPP without restriction or notification to you.

31. General.

TPP reserves the right to discontinue or modify any aspect of the Site at any time. ‘These Terms’ shall constitute the entire agreement between you and TPP concerning the Site. If any provision of ‘these Terms’ are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of ‘these Terms’, which shall remain in full force and effect. No waiver of any term of ‘these Terms’ shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under ‘these Terms’ shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO ‘THESE TERMS’ MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED AND MUTE.

32. The Pool Terms and Revenue Sharing Trust Agreement and Privacy Policy Apply.

The TPP “Pool Terms and Revenue Sharing Trust Agreement” and the “Privacy Policy” are hereby incorporated into this ‘Terms of Use and Service Agreement’ herein above referred to as ‘these Terms’. If there is a conflict between this Agreement and the “Pool Terms and Revenue Sharing Trust Agreement” or the “Privacy Policy” the terms of this Agreement shall govern and control.