Terms & Conditions of Service

Interpretation

Words that start with capital letters have specific meanings listed below, and these meanings stay the same whether used in the singular or plural context.

Definitions

For the purposes of these Terms and Conditions:

• Buyer is a user of the Service who is searching for items to purchase and/or services to hire.
• Seller is a user who lists services, items, or products for sale through the service. Listings may include both physical and non-physical offerings.
• Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
• Account refers to a unique account created for You to access our Service or parts of our Service.
• Country refers to: Ohio, United States.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to DrawBack Billiards LLC, 1391 GRANDVIEW AVENUE #12096.
• Content refers to content such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by a user, regardless of the form of that content.
• Device means any device that can access the Service, such as a computer, cellphone, or digital tablet.
• Feedback refers to innovations, suggestions, or comments sent by a user regarding the attributes, performance, or features of our Service.
• Goods refer to the items offered for sale by Users or Buyers on the Service.
• Order is a request from a User/Buyer to purchase Goods from a Seller.
• Promotions refer to contests, sweepstakes, or other promotional offers made available through the Service.
• Service refers to the Website.
• Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
• Website refers to DrawBack Billiards, accessible from https://www.drawbackbilliards.com/
• You/Your/User is any individual, distributor, supplier, company, or other legal entity that accesses or uses the Service, either directly or through a representative.

Binding Agreement

These Terms and Conditions govern Your use of the Service and form the agreement between You and the Company. They outline the rights and obligations of all users. Please review these Terms of Use and the referenced documents carefully before using the websites and services provided by DrawBackBilliards.com, LLC ("DrawBack Billiards LLC"). These Terms set the legally binding conditions for Your use of DrawBackBilliards.com, affiliated websites, mobile and desktop applications, wallet, and related services (collectively, the "Services"). The Terms apply to but are not limited to all users, including buyers, sellers, guests, individuals, merchants, distributors, and entities. By using the Services, You agree to be bound by these Terms of Use and waive any claims regarding their applicability. If You do not agree to these Terms, please do not use the Services.

By placing an order, You confirm that You are legally capable of entering into binding contracts. You may need to provide Your name, email, phone number, payment details, billing address, and shipping information.

You represent and warrant that: (i) You possess the legal right to use any credit or debit card or other payment method in connection with any Order; and (ii) the information supplied is true, accurate, and complete. By submitting this information, You authorize us to share it with payment processors to fulfill Your order.

As a condition of Your license to use the Service, You agree that You will not do any of the following:

Access the Site if You are under 18 or otherwise unable to enter into binding legal agreements.

Create listings for items that are not permitted.

List items with inaccurate information, including details about the item's origin or Your affiliation.

Do not share Your account or password with anyone.

Use the Service unlawfully or for an unlawful purpose.

Transmit content that is illegal, abusive, harassing, racist, hateful, sexually explicit, pornographic, obscene, or otherwise objectionable as determined by us.

Stalk, harass, or harm another individual.

Impersonate others or misrepresent Your identity.

Use any device, software, or method to interfere with the proper functioning of the Service.

Take actions that place an unreasonable or excessive load on our servers.

Use automated tools or manual processes to collect or harvest user information.

Give the false impression that Your communications originate from us.

These Terms of Use include the following, which is incorporated for reference:

DrawBack Billiards APIs and Apps Policy Privacy Policy Cookies Policy Intellectual Property Policy Search & Ad Ranking Disclosures Community Rules: Buyers Community Rules: Sellers Billing Policy PaYouts Promotional Terms and Conditions Affiliate Terms and Conditions Wallet Terms

Section 6 of these Terms includes a binding arbitration agreement and class action waiver. You and DrawBack Billiards agree to resolve disputes through individual arbitration, with limited exceptions. Please review this section carefully, as it affects Your rights and responsibilities.

DrawBack Billiards is a Marketplace+Venue

DrawBack Billiards is a marketplace for users who comply with our Terms of Use to offer, sell, advertise, and purchase cue sports equipment and related merchandise. We do not guarantee the accuracy, legality, or completeness of listings, or the ability of sellers to deliver or buyers to pay. We cannot ensure transactions will be completed or verify user identity, age, or nationality. We encourage You to communicate directly with potential transaction partners using our site tools, contact us for support if needed, and consider third-party verification services when appropriate. By using DrawBack Billiards, You acknowledge that we are not responsible for content posted by users or third parties. You use our service at Your own risk and accept that it is provided as is, without guarantee of continuous availability. Please refer to Sections 12, 16, and 17 for details on warranties, liabilities, and indemnities.

User Accounts

(A) Age: The Services are available to individuals 18 years or older. By registering, You confirm that You are at least 18 and that Your registration information is accurate and truthful. DrawBack Billiards reserves the right to deny access to the Site or Wallet at its discretion and may change eligibility criteria at any time. Where prohibited by law, this provision is void and access is revoked. Individuals under 18 may use the Services only under the supervision of a parent or legal guardian, who is considered the user and is responsible for all activities undertaken by the user.

(B) Compliance: Users are required to comply with all applicable laws regarding online conduct and acceptable content. Furthermore, users must adhere to these Terms of Use and any additional terms provided by DrawBack Billiards. To the fullest extent permitted by law, all claims and rights regarding notice of changes to the Terms of Use or related policies are hereby waived. Additionally, services may be governed by further terms and conditions established by DrawBack Billiards, and use of such services constitutes acceptance of those terms, which are incorporated herein by reference.

(C) Password: Users are responsible for maintaining the security of their passwords and for any activity or damage resulting from misuse. DrawBack Billiards must be notified immediately in the event of suspected unauthorized use or a security breach. DrawBack Billiards is not liable for any loss or damage resulting from failure to protect passwords. Usernames and passwords should not be shared with others, except through password managers that adhere to industry best practices.

(D) Account Information: Account information, including a valid email address, must be accurate and current. Usernames must not contain the names of other individuals or organizations, unauthorized trademarks, or language that is offensive, vulgar, or obscene. Buyers are required to maintain up-to-date contact details, a shipping address, and a valid credit card. Sellers are required to maintain contact details, a shipping address, and a valid Stripe account for deposits.

(E) Account Transfer: The transfer or sale of a DrawBack Billiards account and User ID to any other party is prohibited. Registration as a business entity constitutes confirmation of authorization to bind the entity to these Terms of Use.

(F) Right to Refuse Service: Access to DrawBack Billiards’s services and site is granted at our sole discretion and is not guaranteed. We may terminate accounts that offer competing services or if we suspect fraudulent or unauthorized use, including failure to provide accurate and valid information. We also reserve the right to cancel unconfirmed or inactive accounts, or to disable, deactivate, or terminate Your account if we believe You, Your content, or Your use of our services violates our Terms of Use or Community Rules. In most cases, we will notify You if Your account is disabled, deactivated, or terminated, unless repeated violations or legal reasons prevent us from doing so. For more information, please see our guidelines.

Fees and Services

Joining DrawBack Billiards and listing services or items for sale is free. DrawBack Billiards charges a 7.5% fee to sellers and a 2.5% fee to buyers for each completed transaction.

Our Billing Policy, which is subject to change, is part of these Terms of Use. Any updates to the Billing Policy or service fees take effect immediately upon posting on the site, as allowed by law. We may also offer temporary promotional events, such as free selling days, which become effective when announced on the site or when we notify You.

Unpaid Fees and Termination: You remain responsible for any unpaid fees and penalties if DrawBack Billiards terminates Your listing or account, if You close Your account, or if Your payment cannot be processed. If Your account becomes past due, You may face penalties, including account suspension or termination. DrawBack Billiards may use collection agencies or legal counsel to recover outstanding balances. By using our services, You authorize DrawBack Billiards to charge any payment method on file for all outstanding fees and waive any claims related to this process. For questions or to dispute a charge, please contact DrawBack Billiards. For more details, review our Billing Policy.

Termination

We may terminate or suspend Your account at any time, without prior notice or liability, including if You breach these Terms and Conditions.

If Your account is terminated, Your access to the Service will end immediately. To close Your account, You may stop using the Service at any time.

Auction Participation & Fees

By participating in a DrawBack Billiards auction, You agree to the following terms and conditions.

Eligibility: Only registered users are permitted to participate in auctions.

Bidding: All bids are binding and cannot be withdrawn. Please review items carefully and bid responsibly.

Winning Bid: The highest bid at the end of the auction period will be considered the winning bid.

Payment: Winning bidders must complete payment within 48 hours of the auction closing. Failure to do so may result in account suspension or termination.

Seller Responsibilities: Sellers must provide accurate item descriptions and are responsible for completing the transaction after the auction.

Disputes: Buyers and sellers should address any disputes directly. DrawBack Billiards is not liable for disputes but may assist with mediation if needed.

DrawBack Billiards reserves the right to charge fees for listing items in auctions. Any applicable fees will be clearly stated before the auction listing is finalized.

Content License

You represent and warrant that (i) the Content is owned by You or You have the necessary rights to use it and to grant Us the rights and license described in these Terms, and (ii) posting Your Content on the Service does not infringe upon the privacy, publicity, copyright, contract, or other rights of any individual.

By posting content to the Service, You grant us a license to use, modify, perform, display, reproduce, and distribute Your content through the Service. You retain all rights to Your content and are responsible for protecting it. This license allows us to make Your content available to other users, who may also use it in accordance with these Terms.

(A) Your Content: DrawBack Billiards does not claim ownership of content You post on the Site or in Your listings. You are solely responsible for Your content and confirm that You have all necessary rights to it. By posting content, You grant DrawBack Billiards a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable license to use, display, edit, modify, reproduce, distribute, store, and create derivative works from Your content. This license enables us to operate, improve, and promote our services and Your listings across all platforms and channels. You also agree that DrawBack Billiards may store, reformat, and display Your content as needed, and may use transactional information, such as sale dates and final prices, at its discretion.

(B) Personal Information: DrawBack Billiards will process personal information exclusively in accordance with its Privacy Policy. During transactions, users may receive personal details of another individual, including email and shipping information. Such information may be used only for the specific transaction or related communications, unless prior consent for additional uses has been obtained from the individual. The use of this information for unsolicited messages or for adding individuals to mailing lists without explicit consent is strictly prohibited. For further information, consult the DrawBack Billiards Privacy Policy.

(C) Re-Posting Content: When You post content on DrawBack Billiards, third parties or external websites may re-post or index it. You agree to hold DrawBack Billiards harmless for any disputes arising from this use, as well as the limitations on liability and indemnification outlined below. If You display Your DrawBack Billiards-hosted image on another website, You must include a link to its listing page on DrawBack Billiards.

(D) Idea Submissions: Any unsolicited suggestions, ideas, or proposals You submit to DrawBack Billiards, except for user Content and tangible items sold on the Site, are considered non-confidential and non-proprietary. DrawBack Billiards is not responsible for the use or disclosure of such material. If You submit material to us at our request, such as through Our Forums or customer support, it will also be treated as non-confidential and non-proprietary. All communications are subject to these Terms of Use. By submitting material, You grant DrawBack Billiards a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, display, distribute, and create derivative works from Your material for any purpose, without compensation or further obligation to You.

Content Restriction

The Company disclaims responsibility for user-generated content. Users are solely accountable for all content and activities associated with their accounts, including those conducted by third parties.

Users are responsible for ensuring that any content they post is legal, reliable, and appropriate. To upload content for profiles or listings, users must create an account. By uploading content, users confirm that it complies with the Acceptable Use provision, is accurate, and that they have the rights to grant DrawBack Billiards a worldwide, irrevocable, perpetual, royalty-free license to display, reproduce, distribute, and use the content as part of the Service. Content will be managed in accordance with our Privacy Policy. Users retain all rights to their content and are responsible for its protection and maintenance. This license permits us to share content with other users, who may use it in accordance with these Terms.

Transmission of content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable is prohibited. Such content includes, but is not limited to, the following examples:

• Engaging in or promoting unlawful activities.
• Sharing defamatory, discriminatory, or offensive content, including references to religion, race, sexual orientation, gender, national or ethnic origin, or other protected characteristics.
• Sending spam, unsolicited advertisements, chain letters, unauthorized solicitations, or content related to lotteries or gambling, including automated or random messages.
• Distributing or installing viruses, malware, or other harmful content designed to disrupt, damage, or limit software, hardware, telecommunications, or to gain unauthorized access to third-party data.
• Infringing on intellectual property rights, including patents, trademarks, trade secrets, copyrights, rights of publicity, or similar protections.
• Impersonating any individual or entity, including the Company, its employees, or representatives.
• Violating the privacy of any third party.
• Providing false information or features is prohibited. Transmitting unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable content is strictly prohibited.

The Company may, at its sole discretion, determine whether any Content is appropriate and complies with these Terms, and may refuse or remove such Content. The Company also reserves the right to edit, reformat, or change any Content, and may limit or revoke Your access to the Service if You post objectionable Content. Because the Company cannot control all content posted by users or third parties on the Service, use of the Service is at Your own risk. By using the Service, You acknowledge that You may encounter content that is offensive, indecent, incorrect, or otherwise objectionable. The Company is not liable for any content, including errors or omissions, or for any loss or damage incurred as a result of Your use of any content.

Content Backups

While the Company performs regular backups of Content, it does not guarantee the absence of data loss or corruption. Corrupt or invalid backup points may occur if the Content is already corrupted prior to backup or is altered during the backup process. The Company will provide support and attempt to resolve issues affecting Content backups. However, the Company is not liable for the integrity of Content or for any failure to restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Information Control

DrawBack Billiards does not control user-generated content on the platform or monitor every single occurrence of content created on the platform. Certain content may be offensive, harmful, inaccurate, or misleading. Although users are required to be at least eighteen years old, there remains a risk of interacting with underage individuals or those who misrepresent their identities. Additional risks may occur during international transactions or when engaging with foreign nationals. By using DrawBack Billiards, users acknowledge that they accept these risks and understand that DrawBack Billiards and its representatives are not liable for the actions or omissions of users. Users are advised to exercise caution and sound judgment when conducting transactions.

Other Resources: DrawBack Billiards is not responsible for the availability or content of external websites or resources linked on the Site. We do not endorse, and are not liable for, any content, advertising, products, or materials available from these sites. You agree that DrawBack Billiards is not liable for any loss or damage resulting from Your use of, or reliance on, such external content, goods, or services.

Arbitration and Dispute Resolution Agreement

If You have a concern, please notify us so that we can work together in good faith to resolve the issue. If a resolution cannot be reached, both You and DrawBack Billiards, including our employees, officers, directors, agents, subsidiaries, and affiliates, agree to submit any disputes exclusively to binding individual arbitration. Neither party will initiate legal proceedings in court before a judge or jury, except in limited circumstances. This section is referred to as the Arbitration Agreement and applies wherever it is legally enforceable.

(A) Disputes Subject to Arbitration. You and DrawBack Billiards agree to resolve all claims related to the Services, these Terms of Use, or any previous Terms of Use, and any products, data, or content associated with the Services through mandatory individual arbitration. This includes disputes arising before the effective date of these Terms. Exceptions include the right to bring individual claims in small claims court and to seek injunctive relief in court for intellectual property infringement or misuse.

(B) Class and Representative Action Waiver. You and DrawBack Billiards agree that we each may bring claims against the other only on an individual basis, and not on a class, representative, or collective basis. Except as provided in Section 6.E, disputes between us can’t be consolidated with those of any other person or entity. If a court decides that any part of this Section 6.B can’t be enforced for a particular claim or request for relief (e.g., public injunctive relief), then that particular claim or request shall be severed from the arbitration and may be litigated in court.

(C) Informal Dispute Resolution. Before initiating arbitration, both parties must make a good-faith effort to resolve the dispute in a manner that is fair and equitable. To commence this process, a written Notice of Dispute should be sent to legal@DrawBackBilliards.com, including the sender's name, the email address associated with the relevant account, a description of the dispute, and a proposed resolution. If DrawBack Billiards initiates a dispute, the same information will be sent to the registered email address of the other party. Both parties will have 30 days to review and attempt to resolve the issue. Arbitration may not be filed during this period.

(D) Arbitration Rules and Procedures. If we cannot resolve our dispute, either party may submit an arbitration demand to the American Arbitration Association (AAA). You may serve DrawBack Billiards by emailing arbitration@DrawBackBilliards.com. If DrawBack Billiards initiates arbitration, we will send the demand to the email address You provided. If the AAA is unable or unwilling to administer the arbitration, we will jointly select another provider. If we cannot agree, a court will make the selection.

Arbitration shall be conducted in English before a single arbitrator. Hearings shall occur by videoconference unless the arbitrator determines otherwise. If an in-person hearing is necessary, it shall be held in the participant's county of residence, except in cases of Batch Arbitration.

Arbitration will proceed under the AAA’s Consumer or Commercial Arbitration Rules, as modified by this Arbitration Agreement. The arbitrator will apply governing law, including fee-shifting rules, time-based defenses, and offers of judgment, and may impose sanctions under the AAA Rules, Rule 11, or other applicable law. The AAA Rules govern the payment of all filing, case management, administrative, hearing, and arbitrator fees.

(E) Batch Arbitration. To resolve disputes efficiently, if 15 or more claimants with similar claims, represented by the same or coordinated counsel, submit Notices of Dispute or file arbitrations within 90 days, the cases will be grouped into batches of up to 50 claimants each. Upon notice from either party, the AAA will organize the claims into a single batch if there are 15 to 50 claimants, or into multiple batches of 50, with a final smaller batch if needed. Each batch will be resolved through a single, consolidated arbitration, overseen by one arbitrator appointed by the AAA, with a single set of fees and a single hearing per batch, typically held via video conference or as determined by the arbitrator. All parties are expected to cooperate in good faith to streamline the process and reduce costs. Any challenge to AAA's administrative decisions will be addressed by a single process arbitrator. If this section is found unenforceable for a specific claimant or batch, those parties will proceed with individual arbitration.

(F) Opt Out. New users may opt out of this Arbitration Agreement within 30 days of accepting the Terms of Use. Existing users have 30 days from the effective date of this version of the Terms of Use to opt out. To do so, email legal@DrawBackBilliards.com with Your name, the email address registered to Your account, the subject line “Arbitration Agreement Opt-Out,” and a clear statement that You wish to opt out. If You opt out, the remainder of the Terms of Use and any other agreements will still be in effect. Please note that future updates to the Terms of Use will not provide another opportunity to opt out of arbitration.

If You are an individual consumer, You may rely on the consumer protection laws and courts of Your country of residence. DrawBack Billiards will enforce its rights only in Your country of residence. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If a dispute arises, please contact DrawBack Billiards customer support or follow the Informal Dispute Resolution process in Section 6.C. EU sellers can find information about the Platform-to-Business Regulation and raise related concerns using the provided links. For disputes under these Terms of Use, parties should first use the published complaints procedure. If unresolved, either party may refer the matter to the Centre for Effective Dispute Resolution for mediation, following CEDR’s procedures. Unless otherwise agreed within 14 days of notice, CEDR will nominate the mediator. To begin mediation, provide written notice to the other party and send a copy to CEDR.

Payments, Cancellations, & Returns

All goods require a one-time payment, which can be made by credit card, including Visa, MasterCard, or American Express. Card payments are subject to validation and authorization by Your card issuer. We are not responsible for delays or non-delivery if authorization is declined.

The Service connects Sellers and Buyers. Cancellations and returns after payment are subject to the seller's policies listed in the product description.

A seller may adjust quoted prices after accepting an Order if uncontrollable factors affect delivery, including government actions, changes in customs duties, increased shipping costs, or foreign exchange fluctuations. In such cases, the buyer may cancel the Order.

Sellers reserve the right to refuse or cancel an Order at any time for certain reasons, including but not limited to: Goods availability, Errors in the description or prices for Goods, or Errors in Your Order.

You may not cancel an order for any of the following goods:

• The supply of Goods made to Your specifications or clearly personalized.
• Goods that cannot be returned due to their nature, deteriorate quickly, or have expired.
• Goods unsealed after delivery that cannot be returned for health or hygiene reasons.
• Goods that, after delivery, are inseparably mixed with other items.
• Digital content not supplied on a tangible medium, where performance has begun with the customer's prior express consent and acknowledgment of the loss of cancellation rights.

Intra-User Disputes

If You have a dispute with another DrawBack Billiards user or a third party, we encourage You to contact them directly to seek a resolution. By using our platform, You agree to release DrawBack Billiards and its affiliates from any claims or damages arising from such disputes.

For disputes within the EU, You may use the European ADR Directive (EU Directive 2013/11/EU) on Alternative Dispute Resolution. The Online Dispute Resolution (ODR) platform is available for these matters.

Order Disputes: Most transaction issues on DrawBack Billiards are typically resolved directly between the buyer and the seller. If an agreement cannot be reached, DrawBack Billiards will provide assistance. For further details, please refer to the Community Rules for Buyers and Sellers.

DrawBack Billiards reserves the right, at its sole discretion, to address disputes between users or with third parties; however, it is not required to intervene. Should we elect to assist, we will do so in good faith and in accordance with our established policies. By participating, You agree to release DrawBack Billiards and its representatives from any claims or damages arising from such disputes.

If You are involved in a dispute, DrawBack Billiards may contact You to seek a resolution. If You do not respond within forty-eight hours, DrawBack Billiards may resolve the dispute at its discretion, and You agree to accept this decision as final.

(H) Feedback: DrawBack Billiards will not amend or change feedback between users unless the content is false, unreasonably inflammatory, or violates DrawBack Billiards' policies as determined at our sole discretion. Orders that are fully refunded are not eligible for feedback. Product feedback may be removed if these guidelines are not followed.

(I) Full Waiver: You EXPRESSLY WAIVE AND RELEASE DrawBack Billiards (AND DrawBack Billiards'S OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, SERVICES OR YouR USE OF THE SAME.

Financing Vendors/Layaway

DrawBack Billiards may periodically provide financing options through third-party vendors such as Affirm or Klarna. These financing vendors function independently and do not act as agents of DrawBack Billiards. DrawBack Billiards disclaims responsibility for any representations, promises, warranties, or guarantees made by these vendors. Use of the Site constitutes a waiver of claims against DrawBack Billiards arising from the use of financing vendors. Users are subject to the terms and conditions established by these vendors, including Affirm, Klarna Pay In 4, and Klarna Terms.

DrawBack Billiards does not offer layaway transactions. If You arrange a layaway plan outside our platform, we will mark the item as paid, and the seller will be fully responsible for managing and fulfilling the order.

Email, Text, and Fax Communications

By using this Site and its services, You acknowledge an established business relationship with DrawBack Billiards and waive any claims under the Telephone Consumer Protection Act regarding email, text, or fax communications from us. You also consent to receive communications from DrawBack Billiards as allowed by law.

When You register an account, subscribe to the newsletter, or provide Your email address or phone number, You will receive notice of and agree to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails or messages through the opt-out link included in marketing emails or messages, or by reaching out to DrawBack Billiards. Please note that some changes to Your account settings may take a few days to take effect.

DrawBack Billiards' Intellectual Property

The graphics, logos, designs, and related materials of DrawBack Billiards are trademarks or copyrights owned by DrawBack Billiards or its affiliates. Any use of DrawBack Billiards' intellectual property, including integrations, requires prior written consent from an authorized representative and must adhere to these Terms of Use.

The Service, including its original content, features, and functionality, except for content provided by users, is and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other applicable laws of the Country and international jurisdictions.

The Company's trademarks and trade dress may not be used in connection with any product or service without prior written consent from the Company.

Your Feedback to Us

You hereby assign all rights, title, and interest in any Feedback You provide to the Company. If this assignment is ineffective for any reason, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.

Access and Interference

DrawBack Billiards may implement robot exclusion headers to establish internal protocols for software usage. Site information is updated in real time and is either proprietary to DrawBack Billiards or licensed from users or third parties. Use of automated tools, including robots, spiders, or scrapers, to access the site is prohibited without prior written authorization from DrawBack Billiards. Actions that impose an unreasonable or excessive load on the site's infrastructure, as determined by DrawBack Billiards, are not permitted. Copying, reproducing, modifying, creating derivative works from, distributing, or displaying any user content, including through plug-ins, extensions, applications, or scripts that disrupt the site's content, features, or functions, is strictly prohibited. Interference with the site's operation or activities is not allowed. Attempts to circumvent robot exclusion headers or other access restrictions established by DrawBack Billiards are also prohibited.

Breach of DrawBack Billiards Terms of Use and Policies

DrawBack Billiards reserves the right to take appropriate action, including content removal, account suspension or termination, or restriction of Site access, without notice or refund, if we determine that a user has violated our Terms of Use or Community Rules. Such actions may also be taken if we suspect a breach, are unable to verify user information, or determine that user conduct is inconsistent with our policies or may cause harm to others. Access to the Site is considered a privilege, not a right.

No Warranty

DrawBack Billiards strives to deliver high-quality services. Nevertheless, the site and services are provided as is and as available, without express or implied warranties. All warranties of title for products not owned by DrawBack Billiards, as well as warranties of non-infringement, merchantability, fitness for a particular purpose, and warranties implied by performance, prior dealings, or trade usage, are expressly disclaimed.

We cannot guarantee that: (I) the website or service will always be safe or available when or where You want; (II) any problems or mistakes will be fixed; (III) the site or services will not have viruses or other harmful things; or (IV) the results You get from using the site or services will be what You expect. You use the site or services completely at Your own risk.

DrawBack Billiards and its affiliates, officers, employees, agents, and suppliers provide the DrawBack Billiards website, wallet, and services on an 'as is' basis, without warranties or guarantees of any kind. DrawBack Billiards and its affiliates, officers, employees, agents, and suppliers expressly disclaim any warranty regarding ownership of products not owned by DrawBack Billiards, as well as any warranty of quality, performance, fitness for a particular purpose, or protection against copying. Furthermore, any advice or information obtained from DrawBack Billiards does not constitute a warranty or guarantee. Certain jurisdictions may not permit these warranty limitations, so they may not apply in all cases.

Limitation of Liability

Regardless of any damages incurred, the total liability of the Company and its suppliers under any provision of these Terms, and the exclusive remedy available, is limited to the amount actually paid through the Service or 100 USD if no purchase has been made.

To the fullest extent permitted by law, the Company and its suppliers are not liable for any special, incidental, indirect, or consequential damages, including but not limited to loss of profits, data, business interruption, personal injury, or privacy loss related to the use or inability to use the Service, third-party software, or hardware, even if advised of the possibility of such damages or if any remedy fails in its essential purpose.

Certain jurisdictions do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages. In such cases, each party's liability is limited to the maximum extent allowed by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE," with all faults and defects, and without any warranty. To the fullest extent permitted by law, the Company and its affiliates, licensors, and service providers disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Company does not warrant that the Service will meet requirements, achieve intended results, be compatible with other software or systems, operate without interruption, meet performance or reliability standards, or be error-free, nor that any errors or defects will be corrected.

Additionally, the Company and its providers do not make any express or implied warranties regarding the operation or availability of the Service or its content, uninterrupted or error-free performance, the accuracy, reliability, or timeliness of information provided, or the absence of viruses, malware, or other harmful elements in the Service, its servers, or communications.

Some jurisdictions do not permit the exclusion of certain warranties or the limitation of statutory consumer rights. In such cases, the exclusions and limitations in this section apply to the maximum extent enforceable by law.

As much as the law allows, DrawBack Billiards and its parent company, related companies, and all of their leaders, workers, agents, and suppliers are not responsible for any kind of damages, whether they are direct, indirect, special, or accidental, that happen because of Your actions or anyone else's actions when using the services or these terms. This includes things such as lost money, physical injury, or emotional distress. The most DrawBack Billiards or its related companies and their staff, agents, or suppliers would have to pay You or anyone else either the total fees You paid to DrawBack Billiards in the 12 months before the problem happened or $100, whichever is more. Some places do not allow these limits on damages, so these limits might not apply to You.

Third Party Websites

The Service may include links to third-party websites or services that are neither owned nor controlled by the Company.

The Company does not control and is not responsible for the content, privacy policies, or practices of third-party websites or services. Users acknowledge that the Company is not liable for any damage or loss resulting from the use of or reliance on content, goods, or services available through these websites or services.

It is recommended to review the terms and privacy policies of any third-party websites or services visited.

CITES and Claims Release

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) restricts international trade in endangered plants, woods, and wildlife, including all types of Rosewood. Since Rosewood is frequently used in musical instruments, international shipment of instruments containing any amount of Rosewood may be subject to CITES restrictions. By purchasing and requesting an international shipment, the customer acknowledges that DrawBack Billiards has provided notice of these potential restrictions. The customer assumes all associated risks, including potential financial loss, damage, or confiscation of property resulting from violations of CITES regulations. The customer further agrees to release DrawBack Billiards and its representatives from any related claims and to indemnify them in such matters.

Indemnity

The Service connects Sellers and Buyers. Purchase agreements are solely between these parties. DrawBack Billiards does not guarantee the accuracy of listings or the performance of parties. Any disputes, breaches, or damages related to purchases are strictly between the Seller and the Buyer. You agree to indemnify and hold DrawBack Billiards harmless from any disputes involving other users.

While we hope this never occurs, if DrawBack Billiards faces a lawsuit or claim due to Your actions or omissions, You agree to indemnify and hold harmless DrawBack Billiards, its parent, affiliates, and their officers, directors, agents, and employees from any resulting claims or demands, including reasonable attorneys' fees, arising from Your breach of these Terms of Use, violation of any law, or infringement of third-party rights, including failure to collect and remit required taxes.

We retain the right to direct our legal defense as we deem necessary, regardless of Your indemnification. In such circumstances, Your cooperation in supporting our selected strategy is required.

No Guarantee of Continuous Service

DrawBack Billiards does not guarantee continuous access to the Site, and no service level agreements are offered. Site functionality may be influenced by external factors. The reliability of third-party partners, including shipping providers, is also not guaranteed.

Copyright Policy

Intellectual Property Policy

DrawBack Billiards maintains a strong commitment to protecting intellectual property rights. Posting, distributing, or reproducing copyrighted materials, trademarks, or proprietary information is prohibited without prior written consent from the rights holder. Repeated violations will result in removal from the site. Individuals seeking the removal of content posted without their permission should follow the procedures outlined in the Intellectual Property Policy.

DrawBack Billiards accepts DMCA counter notices exclusively for copyright infringement reports originating in the United States. Upon receipt of a counter notice, the notice is forwarded to the original complainant. If the copyright owner does not provide notification of a court action or a qualifying Copyright Claims Board (CCB) action within 10 business days, the removed material may be restored. For additional information regarding DMCA notices and requirements, please refer to the provided resource below.

We respect intellectual property rights and will promptly address any claims of copyright or intellectual property infringement on our service. If You are a copyright owner or authorized representative and believe Your work has been infringed on our service, please email copyright@drawbackbilliards.com with a detailed description of the alleged infringement.

Individuals may be held accountable for damages, including costs and attorneys' fees, for misrepresenting that any content is infringing their copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
• A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
• Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
• 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 owner or authorized to act on the copyright owner's behalf.

Please contact our copyright agent by email at support@drawbackbilliards.com. After receiving a notification, the Company will review the claim and take appropriate action, which may include removal of the disputed content from the Service. Individuals who knowingly misrepresent that content infringes their copyright may be held liable for damages, including costs and attorneys' fees.

Trademarks for Modified Items

Individuals who modify items or equipment should refrain from using original trademarked names. DrawBack Billiards enforces its intellectual property policy and requires written authorization from trademark owners prior to using any trademarked names or logos.

DrawBack Billiards Integrations

By using DrawBack Billiards Integrations, You agree to the Terms and Policies outlined below. These integrations connect DrawBack Billiards.com with external e-commerce and digital service providers. You are solely responsible for complying with all requirements imposed by these third parties and for ensuring that Your integration is managed, designed, and maintained in accordance with applicable legal standards and regulations. Your use of these integrations constitutes a waiver of any claims against DrawBack Billiards and its personnel, and You agree to indemnify DrawBack Billiards against any third-party disputes resulting from Your use. DrawBack Billiards Integrations are provided as is. If You do not agree to these terms, do not use the integrations.

Price Guide

The Price Guide provides DrawBack Billiards users with information based on recent site transactions and relevant public market data. DrawBack Billiards does not guarantee the accuracy of this information, the sale of items within the suggested parameters, or the availability of a recommended price if no prior sales data is available.

Gift Cards

Gift cards are currently unavailable for purchase. We apologize for the inconvenience and are working to offer official DrawBack Billiards gift cards as soon as possible.

Promotions

Promotions may have rules that differ from those outlined in these Terms. Please review the specific promotion rules and our Privacy Policy before participating. In the event of a conflict, the promotion rules will take precedence.

Governing Law

The laws of the Country, excluding conflict of law rules, govern these Terms and Your use of the Service. Your use of the Application may also be subject to applicable local, state, national, or international laws and regulations.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

For European Union (EU) Users

If You are a consumer in the European Union, You are entitled to all mandatory legal protections in Your country of residence.

Your Responsibility for Legal Compliance and Taxes

You are required to comply with all applicable domestic and international laws when using the Site or any DrawBack Billiards service, including listing, purchasing, or selling items. You are responsible for paying all relevant taxes on Your transactions, excluding taxes on DrawBack Billiards's net income. These taxes may include sales, use, customs, and import or export fees, depending on Your jurisdiction. DrawBack Billiards assumes no responsibility for any losses, fees, or confiscations arising from the import or export of products purchased through the Site. You are responsible for complying with all applicable federal, state, and local laws, as well as business permitting, registration, and fee requirements.

Depending on the business status and location, DrawBack Billiards may be required to apply value-added tax (VAT) to seller fees and remit these amounts to the relevant tax authority. VAT is collected on all seller fees in jurisdictions where it is applicable.

To comply with IRS regulations, we are required to file Form 1099-K to report unadjusted annual gross sales for sellers in the United States or those paid in USD under specific conditions. Sellers are required to provide taxpayer identification information to DrawBack Billiards. DrawBack Billiards is not responsible for paying taxes on Your earnings or Your use of the site and cannot provide tax advice. Please consult Your tax professional to determine Your tax obligations.

Proposition 65 - California

The California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) requires manufacturers, producers, packagers, importers, suppliers, and distributors to provide warnings to California consumers about the presence of potentially hazardous or carcinogenic substances in their products. Notice parties are required to include warnings that identify specific chemicals if they pose a health or environmental hazard. Examples of such warnings are as follows:

WARNING: This product can expose You to chemicals, including [name of chemical], which is/are known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov.

WARNING: This product can expose You to chemicals, including [name of chemical], which is/are known to the State of California to cause birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.

We encourage all DrawBack Billiards users who sell to California residents to investigate the requirements and independently determine whether warnings are necessary. You can include warnings in Your item descriptions on DrawBack Billiards. You agree to indemnify and hold DrawBack Billiards harmless for any violations of Prop 65 or any claims arising out of Your violation of Prop 65.

Severability and Waiver

If any provision of these Terms is found unenforceable or invalid, it will be revised and interpreted to reflect its original intent as closely as possible under applicable law. All other provisions will remain in effect.

Unless otherwise stated, not exercising a right or requiring performance under these Terms does not prevent a party from doing so later. Waiving a breach does not waive future breaches.

Except as provided in Section 6, if any provision of these Terms of Use is determined to be invalid or unenforceable, that provision will be limited to the minimum extent required and severed, ensuring that the remaining Terms of Use continue in full force and effect. Our failure to enforce any provision of the Terms of Use does not constitute a waiver of our right to enforce that or any other provision at a later time. We reserve the right to assign any of our rights and obligations under the Terms of Use.

No Agency

You and DrawBack Billiards act as independent contractors. These Terms of Use do not establish any agency, partnership, joint venture, employment, or franchise relationship between You and us.

Changes to Terms, Service, & Policies

We reserve the right to modify or replace these Terms at our discretion. For material changes, we will make reasonable efforts to provide at least 30 days' notice prior to the new terms taking effect. We reserve the right to determine what constitutes a material change.

By continuing to use our Service after any revisions take effect, You indicate Your acceptance of the updated Terms. If You do not agree to the revised Terms, You must discontinue use of the website and Service.

DrawBack Billiards reserves the right to update the Terms of Use at any time, including the addition or removal of terms, as allowed by law. When material changes require notification, advance notice will be provided through updates posted on the Services or via email. Continued use of the Services after such changes indicates acceptance of the revised Terms. Users who do not agree with the updated Terms may close their accounts. Regularly reviewing the Terms of Use is recommended.

Choice of Law and Forum

DrawBack Billiards is based in Ohio. If there are claims between You and DrawBack Billiards not subject to arbitration, both parties agree to litigate only in state or federal court in Franklin County, Ohio, and submit to those courts' personal jurisdiction. The exception is if You file in small claims court, which You can do in the county where You reside. Unless prohibited by law, these Terms and all disputes between us are governed exclusively by the laws of the State of Ohio, without regard to conflict-of-law rules, and U.S. federal law, including the Federal Arbitration Act. This Section 6.1 still applies even if You validly opt out of arbitration under Section 6.G.

Survival

Any section intended to survive the expiration of these Terms of Use will remain in effect after termination or expiration.

Translation Interpretation

If these Terms and Conditions are provided in a language other than English, those versions are translations of the original English version. In the event of a dispute, the original English version will prevail.

Notices

If You have any questions about these Terms of Use, please email us at legal@drawbackbilliards.com. Notice to DrawBack Billiards shall be provided at legal@drawbackbilliards.com or to DrawBack Billiards’s registered agent at DrawBackBilliards.com, LLC, as set forth in these Terms of Use. In Your case, notice shall be given to the email address You provide to DrawBack Billiards (either during the registration process or when Your email address changes), by posting notice to Your user dashboard or by posting notice on the Site. Notice shall be deemed given 24 hours after the email is sent or the notice is posted. Alternatively, DrawBack Billiards may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to DrawBack Billiards. In such a case, notice shall be deemed given three days after the date of mailing.

Disclosures

DrawBack Billiards.com, LLC provides these services. Ohio residents may request this information by mail; please include Your email address and specify Your request.

Contact Us

If You have any questions regarding these Terms and Conditions, please do not hesitate to contact us at support@drawbackbilliards.com.

Last updated: 10-01-2025