TERMS & CONDITIONS

terms and conditions (also known as terms of service or terms of use) are a set of rules and guidelines that outline the legal agreement between a website or online service provider and its users. While the specifics may vary depending on the nature of the website, some common elements found in terms and conditions include:

Acceptance of terms: Users are required to agree to the terms and conditions before using the website or its services.

User obligations: Users are typically expected to comply with certain rules and regulations when using the website, such as refraining from illegal activities, not infringing on intellectual property rights, and respecting the privacy of others.

Intellectual property: This section clarifies ownership and usage rights of content, trademarks, logos, and other intellectual property on the website.

Liability and disclaimers: Limitations on the website owner’s liability for any damages incurred by users while using the site or its services are often included. Disclaimers regarding the accuracy of information, availability of services, and third-party content may also be mentioned.

Privacy policy: Websites usually have a separate privacy policy that details how user information is collected, used, and protected. The terms and conditions may reference the privacy policy and explain how user data is handled.

Termination: The conditions under which the website owner can terminate or suspend a user’s access to the website or services are typically outlined.

Governing law and jurisdiction: This section specifies the laws and jurisdiction that apply to the terms and conditions and any potential disputes that may arise.

The details of the terms and conditions for Organizational Strategy, Inc. dba Draft Ops.

Article I. ACCEPTANCE OF TERMS

Organizational Strategy, Inc. (“Draft Ops”, “we”, “us”, “our”) provides premium fantasy sports services and content through our network of websites and applications, including DraftOps.com, TouchdownsTequila.com, VegasOdds.ai, Bracket Bookie and mobile applications published by us (collectively, the “Organizational Strategy, Inc.”).

By accessing or using any content, products, or services available through the “DFS Network” by clicking to accept these Terms and Conditions of Service (these “Terms”), or by creating an Draft Ops account (“Draft OpsAccount”), including without limitation (in each case) to subscribe for or purchase products, complete surveys, enter contests and sweepstakes (which will be subject to additional terms and conditions to be published when such are to be arranged and operated), participate in polls, online chats and forums, or enter other enhanced, member areas of the DFS Network (collectively, such content, products, and services available through the DFS Network, including any new features and applications, the “Services”), you, the user (collectively “Users” “you” or “your”), acknowledge and agree to these legally binding Terms and all other rules on the use of the Services, operational rules, policies, and procedures that may be published on the Services by DFS Network, all of which are hereby incorporated by reference. You also acknowledge that you have read, understood, and accepted the Draft OpsPrivacy Policy (“Privacy Policy”).

The latest version of these Terms will be posted on the DFS Network. You should review these Terms before creating a Draft Ops Account and subscribing for the Services. Users will be notified by email of any changes to these Terms and your continued use of the Services after such a notified change in these Terms (or, for users who have not registered a Draft Ops Account, after such changed Terms have been posted on the DFS Network) will constitute your acceptance of and agreement to such changes.

Article II. ROTOWIRE ACCOUNT

You may visit and use many features on the DFS Network without creating a Draft Ops Account. However, in order to access and use certain premium Services, you are required to create a Draft Ops Account and pay a subscription fee. Users can choose from a number of different subscription periods , (each a “Subscription Period” and collectively, the “Subscription Periods”), with the level of subscription fee being commensurate with and the length of the billing period being the same as the relevant Subscription Period.

Your Draft Ops Account and your subscription fee will automatically renew at the end of each of your relevant Subscription Period unless terminated by you in advance of such renewal.

You may change your Subscription Period and the corresponding subscription fee on your Draft Ops Account page at any time, with such change only having effect from the end of your existing Subscription Period.

Users may establish only one Draft Ops Account each. For avoidance of doubt, Users may not “co-own” Draft Ops Accounts. In the event we discover that you have opened more than one account, we reserve the right to suspend or terminate any or all of your Draft Ops Accounts and withhold or revoke the payment of any refunds, in addition to any other rights that we may have.

We may offer a number of subscription plans, including subscriptions offered by third parties in conjunction with the provision of their own products and services. Some subscription plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Draft Ops Account and subscription plan by logging in to and viewing your Draft Ops Account page.

Article III. DISCOUNTS AND PROMOTIONAL OFFERS

We may from time to time offer discounts, special promotional offers, plans, or subscriptions (“Offers”). Eligibility for such Offers is determined by us at our sole discretion and we reserve the right to revoke any Offers and put your Draft Ops Account on hold in the event that we determine you are not eligible. Individuals with an existing or recent Draft Ops Account may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment, or an Draft Ops Account email address used with an existing or recent Draft Ops Account to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for any Offers or in other communications made available to you.

Article IV. PAYMENT TERMS AND CANCELLATION

We may change our Subscription Periods and corresponding subscription fees from time to time without prior notice. All such changes will apply immediately for new Users and from the start of next relevant billing period for existing Users.

Terms of payment are within our sole discretion. The subscription fee for the Services will be charged to your Payment Method on the specific payment date indicated on your Draft Ops Account page. “Payment Method” means a current and valid credit card or, subject to our agreement, another current, valid, accepted method of payment. The length of your billing period will depend on the relevant Subscription Period that you chose when you created the Draft Ops Account and subscribed for the Services. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled, when you change your Subscription Period or if your subscription began on a day not contained in a given month. You can view your billing details on your Draft Ops Account page to see your next payment date.

To use the Services and pay the subscription fee, you must provide us with one or more Payment Methods. Unless you cancel your subscription before your billing date, you authorize us to charge the Payment Method associated with your Draft Ops Account for your subscription fee for each relevant Subscription Period. If your Payment Method is declined or no longer available to us for payment of your subscription fee, you will, immediately upon notice from us, provide us with an agreed alternative valid Payment Method. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not close your Draft Ops Account and cancel your subscription, we may suspend your access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.

You can update your Payment Method by going to your Draft Ops Account page and following the relevant instructions. We may also update your Payment Method using information provided by any payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method.

We use third-party electronic payment processors and financial institutions (“Payment Processors”) to process the payment of your subscription fee. The information that we provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in our Privacy Policy. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle payments and you irrevocably agree that we may give such instructions on your behalf. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors’ terms and conditions, then these Terms shall prevail. You further agree that Draft Ops is not liable for any loss caused by any unauthorized use of your credit card or other Payment Method by a third party, except as a result of the gross negligence of Draft Ops.

You can close your Draft Ops Account and/or cancel your subscription at any time by going to your Draft Ops Account page and following the relevant instructions. You will continue to have access to the Services through the end of your relevant Subscription Period. If you do not continue to avail of such access, we will provide you with a refund for any proportion of the relevant subscription fee that represents the time period from the date that you contact our Customer Service by email at info@draftops.com to the earlier of the end of your relevant Subscription Period or 60 days from the date you contact our Customer Service (“Refund Period”). The maximum refund paid will be the lower amount of US$30 or the relevant portion of your subscription fee for the Refund Period.

We reserve the right, in our sole discretion and in any circumstance, to revoke, cancel, suspend, or modify the payment of any refund to you where we reasonably determine that the manner of your use of the Services and/or your behavior breached these Terms.

Article V. THE SERVICES

Through the use of the Services, we may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, “Content”), to you. You agree and acknowledge that certain of the Content represent and express the opinions and views of the relevant authors only and not Draft Ops, and, as such, are not to be considered statements of fact.

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.

You understand and agree that you will not use the Services to engage in the prohibited conduct below:

You shall not use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;

You are prohibited from posting content that: is a threat of violence to others, whether direct or indirect, or general or specific; is in furtherance of illegal activities; is harassing, hateful, libelous, defamatory, abusive, or constitutes spam; or is pornographic, predatory, sexually graphic, racist, offensive, harmful to a minor, or would otherwise violate the rights of any third party or give rise to civil or criminal liability;

You shall not post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;

You shall not attempt to use any method to gain unauthorized access to any features of the Services;

You shall not directly or indirectly decipher, decompile, remove, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, security-related features of the Services, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on use of the Services, except to the extent applicable laws specifically prohibit such restriction;

You shall not directly or indirectly archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or offer for sale content and information contained on or obtained from or through the Services;

You shall not directly or indirectly take any action that constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Draft Ops or any third party; or that impersonates any person or entity, including any employee, contractor or representative of Draft Ops;

You shall not directly or indirectly take any action that imposes or may impose (as determined by Draft Ops in its sole discretion) an unreasonable or disproportionately large load on Draft Ops’ or its third-party providers’ infrastructure; interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Services; run Maillist, Listserv, or any form of auto-responder or “spam” on the Services; or use manual or automated software, devices, or other processes to “crawl” or “spider” any of the DFS Network website pages; and

You shall not sell or otherwise transfer your Draft Ops Account.

If for any reason, Draft Ops determines in its sole discretion that you have engaged in any of the prohibited conduct as set out in these Terms, we reserve the right to prohibit any and all current or future use of the Services by you. The activity of Users in relation to their use of the Services and the IP addresses of all posts by Users are recorded to aid in enforcing these conditions. If we have reason to suspect, or learn that anyone is violating these Terms, we may investigate and/or take legal action as necessary including bringing a lawsuit for damages caused by the violation. We reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct.

Article VI. PASSWORDS AND ROTOWIRE ACCOUNT ACCESS

You are solely responsible for maintaining the confidentiality of your Draft Ops Account and password and for restricting access to your computer, mobile device or other electronic device, and you agree to accept responsibility for all activities, charges, and damages that occur under your Draft Ops Account.

Draft Ops reserves the right in its sole discretion to terminate the Services without refund where you allow any other person to use your Draft Ops Account to avail of the Services. In all disputes arising out of this determination, Draft Ops’ actions are final and binding.

If you discover any unauthorized use of your Draft Ops Account, or other known Draft Ops Account-related security breach, you must report it to Draft Ops immediately.

You agree that you are responsible for anything that happens through your Draft Ops Account until you close your Draft Ops Account or prove that your Draft Ops  Account security was compromised due to no fault of your own. Draft Ops cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.

Article VII. WARRANTY AND DISCLAIMER

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS, ROTOWIRE, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “DRAFT OPS  PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND PERTAINING TO THE SERVICES AND THE MATERIALS HEREIN, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE. DRAFT OPS PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE, RELIABLE OR WILL RESULT IN ANY SUCCESSFUL COMPETITIVE OUTCOMES, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED. ANY MATERIAL, CONTENT, OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED AND/OR USED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, CONTENT OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY OF THE DRAFT OPS PARTIES ON OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

Article VIII. LIMITATION AND LIABILITY

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN NO EVENT SHALL DRAFT OPS PARTIES, NOR ITS PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES. SOME STATES OR COUNTRIES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE FOREGOING EXTENT, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, EACH OF THE ROTOWIRE PARTIES’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Article IX. DRAFT OPS ACCOUNT TERMINATION

Draft Ops reserves the right to terminate the Services without a refund for any abusive language, threatening message or action directed toward any Draft Ops employee, contractor, sub-contractor, partner, or other representative. Any threat or abuse, verbal, physical, electronic, written or of any form, will result in immediate termination of the Services and may result in legal action by Draft Ops.

Draft Ops reserves the right to terminate the Services without a refund for any malicious behavior directed towards or resulting in unnecessary activity by Draft Ops. Such behavior includes, but is not limited to, any intentional act to harm Draft Ops’ operations, such as hacking or denial of service attacks, e-mail “worms” or viruses; or any intentional harm to Users.

 

Article X. THIRD PARTY WEBSITES AND ADVERTISEMENTS

The Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. If you use these links, you will leave the Services. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with Draft Ops. Your dealings with third parties are solely between you and such third parties. You agree that Draft Ops is not responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk.

The Services may also contain third party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.

Article XI. INTELLECTUAL PROPERTY AND USER CONTENT

Our Content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You also agree not to change, translate, or otherwise create derivative works based on our Content. All other Content viewed through the Services is the property of its respective owner. You have a limited, revocable, non-exclusive, non-transferable license to use the Services and our Content solely for legally permitted activities related to our Services as outlined in these Terms.

We, including third party partners and our affiliates, may ask you for Feedback (as defined below) on your experience with the Services. Draft Ops will become the owner of any reviews, comments, suggestions or other feedback regarding the Services provided to Draft Ops or posted to the Services or on Draft Ops’ social media pages (collectively, “Feedback”) and it may share with any of its affiliates. Without limitation, Draft Ops will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Draft Ops, without compensation to you or any other person sending the Feedback. You specifically waive any “moral rights” in and to the User Content (as defined below).

To the extent that you decide to post any content (“User Content”), including your profile information, photos, or Feedback on the Services or on Draft Ops’ social media pages, you agree that your User Content will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Draft Ops all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not Draft Ops, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. Draft Ops may refuse to accept or transmit User Content. Additionally, Draft Ops shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content.

Article XII. COPYRIGHT AND TRADEMARK NOTICES

Draft Ops complies with the Digital Millennium Copyright Act (“DMCA”). RotoWire will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Draft Ops by email at info@draftops.com. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;

a description of the copyrighted work that you claim has been infringed;

a description of where the material that you claim is infringing is located on the Services, sufficient for Draft Ops to locate the material; 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; and

a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you fail to comply with these notice requirements, your notification may not be valid. Under the U.S. Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.

In accordance with the DMCA, RotoWire has, in appropriate circumstances, adopted a policy of terminating Users’ Draft Ops Accounts that are repeat infringers of the intellectual property rights of others. Draft Ops also may terminate Users’ Draft Ops Accounts based on a single infringement.

If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to us: (1) your physical or electronic signature; (2) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the United States District Court for the District of Delaware or in the Court of Chancery of the State of Delaware (or, if such court lacks subject matter jurisdiction, in the Superior Court of the State of Delaware), and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by us, Draft Ops may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Draft Ops’ sole discretion.

Article XIII. GEOGRAPHIC LIMITS OF SERVICE

Draft Ops makes no representation that Content and any other materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States of America, or that these Terms comply with the laws of any other country. Accessing the Services is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Services from any territory where the Content is illegal, and that you, and no tDraft Ops, are responsible for compliance with applicable local laws.

Article XIV. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed and construed in accordance with the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Delaware.

Article XV. DISPUTE RESOLUTION AND BINDING ARBITRATION

YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR SUBSCRIPTION FOR AND USE OF THE SERVICES THROUGH THE DFS NETWORK, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 5. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section 15.

Any arbitration hearing will be held virtually via a suitable platform or will be held by telephone.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We agree to pay a reasonable proportion of any User’s documented out-of-pocket arbitration fees, with such proportion to be determined solely by RotoWire.

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. Any arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

Notwithstanding the decision by you and us to resolve all disputes through arbitration, either of you or us may bring an action in state or federal court to protect its intellectual property rights, including, without limitation, patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. We and you may also each seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Article XVI. ASSIGNMENT

You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 6 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

Article XVII. NO WAIVERS

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

Article XVIII. NO THIRD PARTY BENEFICIARIES

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Article XIX. NOTICES

We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the DFS Network. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To provide us with notice under these Terms, you must contact our Customer Service by email at info@draftops.com. We may update the email address for notices to us by posting a notice on the DFS Network. Notices provided by personal delivery will be effective immediately. Notices provided by email shall be deemed given within four hours from delivery of an email provided no delivery failure message was received.

Article XX. SEVERABILITY

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

Article XXI. ENTIRE AGREEMENT

These Terms, our Privacy Policy and all other rules on the use of the Services, operational rules, policies, and procedures that may be published on the Services by Draft Ops will be deemed the final and integrated agreement from time to time between you and us on the matters contained in these Terms.