Terms and Conditions
Drafters Inc. (“Drafters”) is pleased to provide you its fantasy sports website located at drafters.com and its related subdomains (the “Website”), which include all of the text, images, audio, code, products, tools, features, and services provided on them (collectively, the “Services”). These Terms and Conditions (“Terms”) govern your use, and Drafters’ provision, of the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Services (each a “User” or “you”).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 11. THIS AGREEMENT IS ALSO SUBJECT TO CERTAIN DISCLAIMERS AND LIMITATIONS OF LIABILITY, AS FURTHER DETAILED BELOW.
Acceptance of the Terms and Conditions
This is a contract between you and Drafters, a Canadian corporation. You must read and agree to these Terms before using the Services. If you do not agree, you may not use the Services. These Terms describe the limited basis on which the Services are available and supersede prior agreements or arrangements.
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. If you do not meet the eligibility requirements of this section, then you are not authorized to use the Services.
To be eligible to deposit or withdraw funds, you must: (a) be at least eighteen (18) years of age (or have reached the age of majority in the Jurisdiction in which you reside, if greater); (b) be physically located in a country, state, city or other legal entity (collectively "Jurisdiction") in which participation in the Services is unrestricted by law; and (c) at all times abide by these Terms and our Official Rules of play. Drafters reserves the right, in its sole and absolute discretion, to refuse service and access to any potential User.
Changes to the Terms and Conditions
Drafters has the right to revise and amend these Terms from time to time in its absolute discretion. Any such amendment will be effective thirty (30) days following either dispatch of a notice to you or posting of the amendment on the Services. Your continued use of the Services after a change or update has been made to the Terms will constitute your acceptance of such change or update. If you do not agree to any change to these Terms, you must discontinue using the Services.
Services Not Available in Some Jurisdictions
You are subject to the laws of the Jurisdiction in which you reside and/or from which you access the Website and the Services. Access to the Website and the Services may not be legal for some or all residents of, or persons present in, certain Jurisdictions. Residents of Missouri, Washington, Idaho, Montana, Nevada, Pennsylvania, Hawaii, and all countries other than the United States of America or Canada are NOT eligible to participate in the Services for real money. DRAFTERS’ CONTESTS ARE VOID WHERE PROHIBITED OR RESTRICTED BY LAW. Drafters reserves the right to deny access to the Website or Services to anyone at its sole discretion.
By creating an Account (defined below), you represent that your participation in any real money Contest (defined below) on the Website is subject to all the laws of the Jurisdiction in which you reside and from which you access the Website and are solely responsible for obeying those laws. If you open an Account/and or participate in any real money Contest offered on this Website while located in a prohibited Jurisdiction, you will be in violation of these Terms and subject to having your Account suspended or terminated. Additionally, all your deposits and winnings, if any, may be voided at the sole discretion of Drafters. You hereby agree that Drafters cannot be held liable if laws applicable to you restrict or prohibit your participation in any Services available on the Website. Drafters makes no representations or warranties, implicit or explicit, as to your legal rights or restrictions with respect to your participation in any real money Contest offered on the Website nor shall any person affiliated or claiming affiliation with Drafters have authority to make any such representations or warranties. Drafters does not intend that the Services be used by persons present in Jurisdictions in which participating in the real money Contests may be prohibited or restricted.
Drafters reserves the right to request proof of age or identity, or to otherwise verify eligibility conditions and potential winning entries, prior to awarding any prize.
Your username must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. Your username can be amended by Drafters without prior notice.
By registering for an Account, you also consent to allow Drafters to access your Account information to, among other things, investigate complaints or other allegations of abuse. Drafters reserves the right to reject or revoke your Account at its discretion for any reason.
A. Account Responsibility
In order to participate in any Contest on the Website ("Contest"), you will need to create an Account. To play in a real money Contest, when you create your Account, you represent that you are at least eighteen (18) years of age and are not a person barred from receiving the Services under the laws of the United States or other applicable Jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Drafters has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Drafters reserves the right to suspend or terminate your Account, refuse any and all current or future use of the Services (or any portion thereof), and/or void all your deposits and winnings. You are responsible for paying all charges (plus applicable taxes) associated with the use of the Services under your Account.
B. Account Rules
You may not use scripts on Drafters. You may not attempt to influence the play in any sporting event from which athletes are available for selection in contests on Drafters in which you are involved or in which you have a direct or indirect interest. You may not use a proxy server to engage with Drafters for any means, including for the purpose of misrepresenting your location. If you are a professional or amateur athlete, or a sports agent, team employee, referee or a league official you may not enter any real money Contests of the sport in which you are associated. If you are an officer, employee or agent of any daily fantasy provider or operator, you may not play on Drafters for money.
You will be required to confirm your identity and personal information by providing additional verification documents as reasonably requested by Drafters. Your inability to provide such verification documents could result in your access to real money Contests being suspended and all funds being locked to allow for further investigation. Without limiting the foregoing, any transactions made and accepted on the Website in which your Registration Data has been used and where you have not previously notified Drafters, as provided herein, not to process such transactions, will be treated as valid and you will be responsible for the same, including any expenses incurred. Drafters will not issue any form of compensation.
D. One Account
Only one Account is allowed per person. If it is determined that you have registered more than one Account, then you acknowledge and agree that you shall not be eligible to win any prizes and Drafters has the right to suspend or terminate your Account(s), refuse any and all current or future use of the Website (or any portion thereof), and/or all deposits and winnings may be voided and not returned to you.
E. No Transfer
Your Account is not transferable. Under no circumstances shall you allow or permit any other person or third party to use or re-use your Account or your Registration Data 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. Any User found to have violated this Section may be reported to the relevant authorities and will forfeit all funds in his or her Account. Drafters will not be liable for any loss that you may incur as a result of someone else using your Account, either with or without your knowledge. However, you will be liable for losses incurred by Drafters or another party due to someone else using your Account.
To participate in certain Contests, you will be required to deposit funds into your Account by any of the methods permitted by the Website. Such funds will be deposited into your Account upon actual receipt of funds by Drafters and/or its agents. Minimum and maximum limits may apply to deposits into your Account, depending upon your history with the Website, the method of deposit, standards or laws in any Jurisdiction where you are located and/or are a resident, and other factors as determined solely by Drafters. Drafters is not a bank and funds are not insured by any government agency. No interest is payable on amounts on deposit or in balance in your Account. All payments into your Account must be from a payment source on which you are the named account holder.
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors (defined below) or your financial institution, and you may be charged a service fee for such conversion. Please also be aware that our Payment Processors or your financial institution may use different conversion rates for deposit and refund transactions. The conversion rate used is not under the control of Drafters, and Drafters recommends that you contact your financial institution directly for more information.
Deposits, and player winnings after Contests are finished, are held in a separate, segregated bank account. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described herein, and Drafters may not use them to cover its operating expenses.
Winnings will be deposited directly into your Account. Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred out of your Account upon confirmation of the error. Any winnings mistakenly credited to your Account that have been withdrawn by you before confirmation of the error will constitute a debt owed by you to Drafters in the amount of such wrongfully attributed winnings.
It is the policy of Drafters, in compliance with United States Internal Revenue Service regulations, to send an IRS Form 1099 or other appropriate form to any User who wins in excess of $600 (USD) on the Website in any given year. Depending on the jurisdiction in which you reside, Drafters may also send you additional, similar tax forms. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.
H. Withdrawal Process
You may request a withdrawal of funds from your available cash account balance in your Account at any time. The minimum withdrawal is $20.00 U.S. dollars. Account holders with pending deposits or pending withdrawals must wait until those funds clear before requesting a withdrawal. If you do not receive your withdrawal within ten (10) business days, please contact customer support at email@example.com.
Drafters reserves the right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse by a User requesting withdrawal of funds. Drafters also reserves the right to require you or your credit card company (if applicable) to submit verification of identification to ascertain the validity of a withdrawal request and the identity of the User. Withdrawal payments will not be made until such verification is received. If Drafters has not received such requested verification within ten (10) days, your withdrawal request will be cancelled and the Account in question will be suspended.
If your Account is closed by Drafters for a violation of these Terms, your deposits and winnings may be voided and not returned to you. In such an event, Drafters may use these funds to defray the costs of administration and enforcement of these Terms.
I. Bonus Balance
Bonus Money is currency that is given to users by an admin but cannot be cashed out until a rollover requirement is met. The rollover requirement shown in the rollover progress bar. For example, if $10 bonus money is awarded, and has a 10x rollover, the user must join $100 worth of total entry fees to cash out this money. Once the rollover is met, the “Bonus Balance” will be shown as Cash. “Bonus Balance”, “Bonus Money” = “Bonus Cash” = “Bonus Funds” are all interchangeable.
The site reserves the right to remove bonus money from a users account if the user is found in violation of our terms and conditions or has not signed in to the site for an extended period of time (8 months). Any removal of bonus money is at the final discretion of Drafters.
A. Contest Rules
The Website offers different types of Contests including head to head challenges and multiple team competitions with varying roster requirements and number of rounds of drafting. Draft rules, player rankings, entry fees, and scoring may differ from Contest to Contest. Contests are governed by specific rules, as may be modified from time to time, which are set forth in the Official Rules and are incorporated into these Terms by this reference.
You have the responsibility to review relevant Official Rules prior to participating in any Contest, and to review relevant Official Rules for any changes. You agree to abide by the then-current Official Rules for any Contest(s) in which you are entered. Your failure to follow the then-current Official Rules for any Contest(s) in which you are entered will result in your immediate and automatic forfeiture of the Contest, and Drafters reserves the right to immediately terminate your access to the Website.
The results and winner(s) of each Contest offered on the Website will be determined in accordance with the Official Rules corresponding to that Contest. Once winner(s) of a Contest are announced by Drafters, the results will not be changed in light of official adjustments made by the professional leagues, though Drafters reserves the right to make adjustments based on errors or irregularities in the transmission of information to Drafters from its statistics provider or in its calculation of results. Drafters, in its sole discretion, also may make adjustments in the event of noncompliance with these Terms. Drafters reserves the right to reverse the payment of prizes in the event of any adjustment. You agree to be bound by any such adjustments.
B. Entry Fees and Payment
While some Contests may be free to enter, certain Contests on this Website will have an entry fee, which may vary from Contest to Contest. It is your responsibility to know and understand the Official Rules and required entry fees relating to any given Contest. For Contests with entry fees, the entry fees will be deducted from the funds deposited in your Account. You may receive supporting information relating to charges to your Account by sending a written request to firstname.lastname@example.org.
C. Contest Prizes
At the conclusion of each Contest, the tentative winner(s) are announced (generally by the following day) but remain subject to final verification. Prizes may then be awarded, consistent with each Contests’ relevant Official Rules, to winners within a reasonable time after the Contests’ conclusion. Prizes awarded are reflected in Contest winners’ Accounts.
No substitution or transfer of a prize is permitted. All taxes associated with the receipt or use of any prize are the sole responsibility of winners. In the event that the awarding of any prizes to winners of any Contest is challenged by any legal authority, Drafters reserves the right, in its sole discretion, to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of winners of Contests, Drafters is the sole judge and its actions are final and binding. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Drafters.
D. Notification of Winners and Affidavit of Eligibility
Winners are generally posted on the Website after the conclusion of each Contest, generally by the following day. Prize winners may be required to execute and return, via email or regular mail, an affidavit of eligibility; a copy of winners’ driver’s license; a liability release; and, where lawful, a publicity release within seven (7) days of issuance. If such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if the prize winner is not in compliance with these Terms, the prize will be forfeited and may be awarded to another winner at Drafters’ discretion.
E. Contest Stakes
Drafters’ Contests are intended to be played for the stakes specified in the Website. Under no circumstances are Contests allowed to play for entry fees or prizes other than those specified in the Official Rules relating to each Contest. Doing so constitutes a violation of Drafters’ Terms. Should Drafters become aware that you are playing for stakes other than those specified, then Drafters may take disciplinary action, including but not limited to suspending your Account or suspending other privileges (such as the ability to use in-app chat rooms).
F. Cancellation Policy
Drafters, in its sole discretion, reserves the right to modify, suspend, cancel or terminate a Contest, or extend or resume the entry period, without giving advance notice and without restrictions. For example, Drafters may cancel a Contest if it cannot be guaranteed the Contest can be carried out fairly or correctly for technical, legal or other reasons; if Drafters suspects that any person has manipulated entries or results, provided false information or acted unlawfully or unethically; or if the minimum number of Contest entries is not met. If Drafters cancels or terminates a Contest, any advertised prizes may, at Drafters’ sole discretion, be either voided or awarded in any manner it deems fair and appropriate, consistent with laws and regulations governing such Contest.
G. Contests of Skill
You agree and acknowledge that Drafters’ Contests are designed to test the Contest entrants’ respective proficiency in exercising their judgment, knowledge, and reasoning, as applied within the constraints of the Contests’ Official Rules, relating to professional sports (“skill”). You therefore further agree and acknowledge that the outcome of each Contest is predominantly determined by the Contest entrants’ relative skill.
Collusion is a violation of our terms. This includes any anticompetitive action within a game to help another team win for any reason. This is at the discretion of the operator and may result in the winners of a game being changed, Leagues deleted, or users banned from the site.
Termination of Accounts/Services
Conduct that Drafters deems, in its sole discretion, to be a violation of these Terms or otherwise improper, unfair, fraudulent or adverse to the operation of the Services or in any way detrimental to other Users is expressly prohibited. If you engage in such prohibited conduct, Drafters, in its sole discretion, may disqualify you from a Contest or the entire Service, void your deposits or winnings, refuse to award prizes or require the return of any prizes, and/or suspend, limit, or terminate your Account. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Drafters from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct. Drafters also reserves the right, in its sole discretion, to add, alter, cancel, suspend, or terminate the Website or any other Service offered therein, at any time and without notice to you.
Intellectual Property Rights
A. Copyright Information and Personal and Non-Commercial Use Limitation
The Services and the compilation of all content included on this Website are owned or licensed by Drafters and/or its affiliates and protected by Canadian, United States, and international copyright laws. Drafters does not claim ownership of copyrights owned by third parties. You have been granted a license to view and use the Services subject to these Terms. Unless otherwise specified, the Services on this Website are for your personal and non-commercial use. You may not sell or modify the Services or reproduce, display publicly or otherwise use the Services in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Drafters. You may not provide copyrighted or other proprietary information to Drafters without permission from the owner of such material or rights. You are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
B. Winners Lists and Rights of Publicity
You agree to the use by Drafters, and it subsidiaries, affiliates and assigns, of your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law, if you win a prize in a Contest. Drafters also reserves the right to include your name on the Leaderboard.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER, YOUR REGISTRATION DATA MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED ON A WINNERS LIST.
The Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Content”), which may be accessible and viewable by the public. Drafters takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any other party, or for any loss or damage thereto, nor is Drafters liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity you may encounter. You understand that your use of the Website is at your own risk and may expose you to User Content that is offensive or objectionable. Drafters is not liable for any statements, representations or User Content provided by its Users in any forum.
Although Provider has no responsibility for the contents of any User Content posted on the Website, you agree to grant to Drafters the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, publicly perform and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised (including in connection with the Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), throughout the world in perpetuity and without any compensation to you. You agree not to delete or revise any User Content posted by any other party.
Provider reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Website in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Website. You acknowledge and agree that Drafters may access, use or disclose any information about you or your use of this Website, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend the rights or property of Drafters or to protect the safety of Drafters’ company, employees, customers or the public.
Please be aware that any User Content you post on the Website becomes public information and can be collected and used by others and may result in your receipt of unsolicited messages from third parties. Accordingly, we discourage you from posting on the Website any personal information that can be used to identify or locate you, such as your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
Online Conduct and Abuse
You agree to use the Website and the provided Services only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Services, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website; (ix) harassing other Users; (x) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xi) causing any breach of the security of your Account or the Website; (xii) breaching any of these Terms; or (xiii) engaging in any other activity deemed by Drafters to be in conflict with the spirit or intent of this Website.
Rules for Communication and Anti-Spam Policy
It is possible for Users to contact each other on the Website. In doing so, Users are obligated to only send messages that (i) are free of obvious or hidden advertising; (ii) are neither subjective, intentionally false, derogatory, defamatory, immoral, nor pornographic in nature nor fulfill any other element of offense; (iii) are not damaging to any third parties; (iv) do not contain any viruses or computer programs that could affect the function of external computers; (v) are not surveys or chain letters; (vi) were not written with the intent to expand a certain political, ideological, or religious denomination; and (vii) were not written with the intent to collect, save, or use personal information from users without their explicit consent, especially for promotional purposes.
Drafters also opposes the practice commonly referred to as "Spam." If you are reported and a claim of "Spam" is validated by Drafters against you, you will have your Account either immediately TERMINATED or SUSPENDED, at the sole discretion of Drafters. Additionally, your deposits and winnings, if any, may be voided at the sole discretion of Drafters. Drafters defines "Spam" as (i) electronic mail messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient; (ii) messages posted to forum and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume; or (iii) solicitations posted to chat rooms, or to groups or individuals via Internet relay chat or "instant messaging" system.
Reporting Abuse or Inappropriate Conduct
If you wish to report any abuses, inappropriate online conduct or a violation of these Terms, please contact and forward all evidence to email@example.com.
You agree to release and to indemnify, defend and hold harmless Drafters and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising or resulting from your use of the Services; your violation of these Terms; your receipt, ownership, use or misuse of any prize; and any of your acts or omissions that implicate publicity rights, defamation or invasion of privacy. Drafters reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Drafters in the defense of such matter.
Disclaimer of Warranties and Limitation of Liability
You expressly agree that use of the Website and Services is at your sole risk. Neither Drafters nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Drafters (collectively "Providers"), or the like, warrant that applications affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. Providers make no warranty as to the results that may be obtained from the use of the Website, including your participation in any Contest on this Website, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, Providers shall not be responsible for any opinions, views, advice or statements posted on the Services (including, without limitation, in any public posting areas of the Services) by any person or entity other than an authorized Providers’ spokesperson. Advertisers, content providers, User, guests, independent writers and experts are not authorized Providers’ spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, User, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties
THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY PROVIDER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DRAFTERS AND THE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
DRAFTERS AND THE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability
PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICE. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF PROVIDERS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATIONS OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON PROVIDERS’ GOODS OR SERVICES, FROM INABILITY TO USE PROVIDERS’ GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF PROVIDERS’ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of the Website, your sole and exclusive remedy is to discontinue your use of this Website.
Third Party Services and Content
Third Party Payment Processors
Maintenance and Reporting Problems
Drafters conducts maintenance work on its system from time to time mainly for the purpose of ensuring the servers security and integrity. If possible, you will be notified of maintenance periods in advance. A portion, or sometimes all, of the features of the Website will not be available during maintenance periods. All problems encountered during the use of the Website, including those with regard to your Account, etc., can be reported to Drafters when the problem is encountered at firstname.lastname@example.org.
You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms, the Services or any Contest offered through this Website, or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a "Circumvention Act"). If Drafters determines, in its sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, use automated technology or otherwise unfairly alter your chances of winning, or to otherwise commit fraud with regard to the Website, then, in such an event, you will forfeit all winnings to which you may otherwise be entitled. Drafters, in its sole discretion, may also void your deposits, if any, and reserves the right to institute civil or criminal proceedings against you and to report you to the relevant regulatory authorities.
If you use this Website, you are responsible for restricting access to your computer and ensuring that your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data you enter via this Website, including e-mail address, credit card number, and other payment related information. In addition, you are responsible for maintaining the confidentiality of your Account and your unique Identifiers and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or your unique Identifiers. You agree to (a) immediately notify Drafters of any unauthorized use of your Account and your Registration Data or and other breach of security, and (b) ensure that you exit from your Account at the end of each session. Drafters cannot and will not be held liable for any loss or damage arising from your failure to comply with this Section. Drafters reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING A RIGHT TO FILE A LAWSUIT IN COURT.
You and Drafters agree to arbitrate all disputes between you and Drafters, except disputes relating to the enforcement of Drafters’ or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and Drafters concerning the Services or these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Drafters empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or Drafters must send to the other party a notice of dispute, which is a written statement that sets forth name, address and contact information of the party giving notice; the facts giving rise to the dispute; and the relief requested. You must send any notice of dispute to Drafters, Inc. 27 Fairview BLVD. Toronto, Ontario, M4K1L8. Drafters will send any notice of dispute to you at the contact information Drafters has for you. You and Drafters will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or Drafters may commence arbitration. You or Drafters may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Drafters do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the Province of Ontario, Canada, and you and Drafters agree to submit to the personal jurisdiction of the courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Drafters will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
1.The failure of Drafters to comply with any provision of these Terms due to what is commonly referred to as an act of God or a hurricane, war, fire, earthquake, terrorism, act of public enemies, actions of government authorities outside of the control of Drafters (not related to compliance with applicable regulations), or other force majeure event will not be considered a breach of these Terms.
B.Claims and Copyright Infringement
Notifications of claimed copyright infringement and counter notices should be addressed to email@example.com, or via physical mail to Drafters, Inc.
Drafters will respond expeditiously to claims of copyright infringement committed using the Services that are reported to its designated agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to Services hosted in the United States, these notices must include the required information set forth in the DMCA.
C.Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the Province of Ontario, Canada without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of Canada or the courts of the Province of Ontario, Canada.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The provisions of these Terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these Terms by Drafters shall be deemed a further or continuing waiver of such provision or any other provision, and Drafters’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Last updated August 25, 17