These Terms of Use (these “Terms”) form a legal agreement between The Draft Ecosystem Corp. (“The Draft”) and you (“User”), and govern User's access to and use of The Draft's information management and networking platform (the “Digital Platform”).
The Digital Platform allows Users to connect, recruit, and network with other professionals and entities.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE DIGITAL PLATFORM. THESE TERMS GOVERN USER’S USE OF THE DIGITAL PLATFORM, AND AFFECT USER'S LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS SHALL REMAIN IN EFFECT UNTIL USER CEASES USING THE DIGITAL PLATFORM OR THE DRAFT TERMINATES USER'S RIGHT TO USE THE DIGITAL PLATFORM. SUBJECT TO APPLICABLE LAW, USER MUST BE AT LEAST 16 YEARS OLD TO ACCESS AND USE THE DIGITAL PLATFORM.
BY CLICKING THE “I AGREE” BUTTON AND ACCEPTING THESE TERMS, USER AGREES TO AND IS BOUND BY THE TERMS, CONDITIONS, POLICIES, AND NOTICES CONTAINED IN THESE TERMS, INCLUDING WITHOUT LIMITATION CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, ARBITRATION, AND CHOICE OF DELAWARE AND UNITED STATES OF AMERICA LAW. IF USER DOES NOT AGREE TO BE BOUND BY ALL OF THE TERMS CONTAINED IN THESE TERMS, DO NOT CLICK ON THE “I AGREE” BUTTON AND DO NOT ACCESS OR USE THE DIGITAL PLATFORM.
TO THE EXTENT YOU ARE ACCESSING THE DIGITAL PLATFORM ON BEHALF OF YOUR EMPLOYER OR ORGANIZATION (“ORGANIZATION”), USER ACKNOWLEDGES AND AGREES THAT USER HAS BEEN AUTHORIZED TO USE THE DIGITAL PLATFORM BY USER’S ORGANIZATION AND HAS THE AUTHORITY TO BIND USER’S ORGANIZATION TO THESE TERMS. USER MAY ONLY ACCESS THE DIGITAL PLATFORM TO THE EXTENT EXPRESSLY AUTHORIZED BY USER’S ORGANIZATION. THE DRAFT SHALL NOT BE LIABLE, AND USER AGREES TO INDEMNIFY AND HOLD THE DRAFT AND ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AND AGENTS HARMLESS FOR, ALL DAMAGES, LIABILITIES, PENALTIES, COSTS, AND EXPENSES INCURRED BY THE DRAFT AND ANY OF ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OR AGENTS AS A RESULT OF ANY VIOLATION OR FAILURE BY USER TO COMPLY WITH THIS PARAGRAPH, INCLUDING WITHOUT LIMITATION ANY FAILURE BY USER TO OBTAIN AUTHORIZATION TO USE THE DIGITAL PLATFORM ON BEHALF OF USER’S ORGANIZATION.
THESE TERMS ARE NOT AN EMPLOYMENT CONTRACT AND USER ACKNOWLEDGES AND AGREES THAT NOTHING IN THESE TERMS, INCLUDING CREATION OF AN ACCOUNT PROFILE, CREATES ANY TYPE OF EMPLOYMENT, AGENCY, OR CONTRACTOR RELATIONSHIP BETWEEN USER AND THE DRAFT OR BETWEEN USER AND ANY OTHER USER. USER’S PARTICIPATION IN THE DIGITAL PLATFORM DOES NOT GUARANTEE THAT USER WILL BE AWARDED ANY COMPENSATION, WORK, POSITION, OR ROLE IN CONNECTION WITH ANY ASSIGNMENT OR JOB.
The Draft reserves the right, at its sole discretion, to make changes to all or part of these Terms at any time. Please periodically review these Terms because User’s use of the Digital Platform is governed by these Terms. To the extent any modification to these Terms materially affects User’s rights or obligations under these Terms, the updated Terms will be presented to User upon log-in and User will be required to accept the updated Terms before proceeding and continuing use of the Digital Platform.
UNLESS EXPRESSLY PROVIDED OTHERWISE HEREIN, USER’S USE OF THE DIGITAL PLATFORM DOES NOT CREATE ANY OBLIGATION BY THE DRAFT. User agrees that User shall comply with all applicable federal, state, and local laws, regulations, orders, ordinances, codes, and standards, including, without limitation, the Civil Rights Acts of 1866, 1964 (including Title VII), and 1991, the Age Discrimination in Employment Act, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Notification Act (WARN), the National Labor Relations Act (NLRA), the Equal Pay Act, the Vietnam Era Veteran’s Readjustment Assistance Act, the Fair Credit Reporting Act (FCRA), the Employee Polygraph Protection Act, the Immigration Reform and Control Act (IRCA), the Older Workers Benefits Protection Act (OWBPA), the Occupational Health and Safety Act (OSHA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and all other laws governing an employment relationship, such as laws governing discrimination or harassment in the workplace.
Before User may access and use the Digital Platform, User first must set up an account by registering through the Digital Platform. Once User’s account has been set up in the Digital Platform, User may access the Digital Platform. Upon completion of the registration process and acceptance of these Terms, and subject to these Terms, The Draft hereby grants User a limited, revocable, personal, non-exclusive, non-transferable right during the term of these Terms to access and use the Digital Platform for User’s personal use. When User registers to use the Digital Platform, User will provide The Draft with information relating to User’s identity and certain other information, including User’s name, e-mail address, job experience, and telephone number.
Users include both Organization Administrators and Talent. “Talent” means an individual who uses the Digital Platform. “Organization Administrator” means anyone who manages the Organization profile, content and/or jobs. Each Organization Administrator must be a current registered member of thedraft.io with accurate current contact information. These Terms of Use apply to both Talent and Organization Administrators. If you are an Organization Administrator, you agree that you are authorized to act on behalf of the Organization on the Digital Platform.
To the extent that User provides any information, including but not limited to personal information, to The Draft or its representatives, User warrants that (a) User is providing or obtaining only User’s own information or the information of others which User is authorized to provide to third parties and/or obtain from third parties on their behalf; (b) the information is true, accurate, current, and complete; and (c) the use of such information by The Draft and its representatives will not infringe upon or misappropriate the intellectual property rights or otherwise violate the rights of any third parties.
Registration for the Digital Platform requires a valid, working e-mail address, phone number, and/or other information in order to initially sign up for access to and use of the Digital Platform. Additionally, User may be required to create a username and password to securely access the Digital Platform. User is solely responsible for maintaining the strict confidentiality of any username and password User creates in order to access and use the Digital Platform. User will be solely responsible for any damages or losses that may be incurred or suffered as a result of User’s failure to maintain strict confidentiality of User’s username and password. User should immediately notify The Draft in writing of any need to deactivate User’s account due to potential or actual security concerns. The Draft will not be liable for any harm related to the use or misuse of User’s username and password, User’s disclosure of such items to another person, or User’s authorization to allow another person or entity to access and use the Digital Platform under User’s login credentials.
User is responsible for User’s account use and for any use of the Digital Platform made using User’s account, including without limitation User Content. “User Content” means all content, materials, photographs, documents, and other information uploaded, posted, submitted, or otherwise provided by User on, in, or through the Digital Platform.
Prior to sharing User Content, with any third party, User shall be responsible for obtaining all required consents, permissions, and authorizations necessary to share such information. The Draft does not assume any responsibility for the truthfulness, accuracy, or reliability of any of User Content or other users’ content, whether provided by User or another user, or of consequences of any content on or arising from use of the Service. User is solely responsible for and hereby warrants that User has all necessary consents, permissions, and authorizations necessary to share information included in User Content, User Content is accurate, does not contain any misrepresentations or fraudulent information, and complies with these Terms. User acknowledges and agrees that User Content may be searchable and viewable by The Draft and other users of the Digital Platform. The Draft takes no responsibility for any mistaken association of a User with another User, individual or entity.
User agrees not to access, copy, or otherwise use the Digital Platform except as authorized by these Terms or as otherwise authorized in writing by The Draft. When using the Digital Platform, User must act reasonably and responsibly with others. User’s continued access to the Digital Platform is contingent on User’s agreement to act in a proper manner, which includes without limitation using the Digital Platform in accordance with these Terms, including the following requirements:
The Draft, in its sole discretion, will determine whether User’s conduct is in compliance with this Section 3. The Draft shall have the right to:
Without limiting the foregoing, The Draft has the right to fully cooperate with any law enforcement authorities or court order requesting or directing The Draft to disclose the identity or other information of anyone who accesses or uses the Digital Platform. USER WAIVES AND SHALL HOLD HARMLESS THE DRAFT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE DRAFT DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE DRAFT OR LAW ENFORCEMENT AUTHORITIES.
If User has registered for a paid subscription to the Digital Platform, User hereby agrees to pay all fees immediately at the time charged. USER’S OBLIGATION TO PAY ANY FEES SHALL SURVIVE ANY TERMINATION OF THESE TERMS. User’s subscription shall automatically renew until terminated by the User in accordance with these Terms. The Draft may revoke or suspend User’s access to the Digital Platform for unpaid fees without liability. Without limiting other remedies, The Draft reserves the right to charge a late fee on all past due payments of fees equivalent to the lesser of one and one-half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. User will pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts. Other than as expressly provided otherwise in these Terms, all payments hereunder are non-refundable. The Draft reserves the right at any time to introduce new services and/or change its fees (including charging for services that are currently free of charge) and billing methods in accordance with the notice procedures set forth in these Terms.
The Digital Platform, and all intellectual property, trademarks, service marks, information (including information about users and third parties offered on the Digital Platform), data, and other materials made available to User in connection with these Terms, together with the design of the Digital Platform, and text, scripts, graphics and features and other content and materials therein (collectively, “Materials”) are the sole and exclusive property of The Draft and its licensors, and are available to User solely for purposes of User’s use of and access to the Digital Platform in accordance with these Terms. The Materials are owned by or licensed to The Draft and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. All rights, title, and interests in and to the Materials and all copyrights, trade secret rights, patents, trademarks, and any other intellectual property or proprietary rights in and to the Materials shall at all times remain the exclusive property of The Draft and/or its licensors. Except for the limited rights granted herein, nothing in these Terms shall transfer to User any right, title, or interest in or to any Materials.
The Draft will treat any information it collects or receives from User through the Digital Platform in accordance with its Privacy Policy (the “Privacy Policy”), which is incorporated by reference. Please review the Privacy Policy before using the Digital Platform. If User is unwilling to accept the terms and conditions of the Privacy Policy, please do not use the Digital Platform.
The Draft, through the Digital Platform or the Contact Information User has provided, may contact User regarding certain offers or products of The Draft or other of its partners that The Draft believes may be beneficial to User, including through email, mobile notifications, and text messages. User understands and agrees that The Draft may contact User in this manner. User may decide to authorize The Draft to act in this manner by accepting such terms in the process of signing up for the Digital Platform. User will also have the authority to opt out of such use at any time by contacting The Draft.
The Digital Platform also may contain links to the websites of The Draft partners, advertisers, or unrelated third-party companies (“Linked Sites”). The Draft does not own and has no control over the Linked Sites and therefore assumes no responsibility and makes no warranties or representations with respect to the availability of these websites, their content, advertising material, and the products or services available at or through the Linked Sites. The Draft does not endorse any Linked Site, is not bound by the terms and conditions, if any, of such Linked Sites, and the existence of a Linked Site does not mean that The Draft has any affiliation, connections, endorsement, or sponsorship of such websites or their owners or operators. The Draft accepts no liability for any direct or indirect damage that may result from User’s visit to a Linked Site, or from User’s use of the contents, products, or services of these websites or their owners or operators. Users acknowledges and agrees that The Draft shall not be responsible or liable for the content or conduct of, associated with, or related to any Linked Site, and, accordingly, User’s access and use of any Linked Site shall be solely at User’s own risk. If User has any questions or concerns regarding any Linked Site, User should review any terms and conditions and privacy policy maintained by that Linked Site or should contact the applicable party or their website administrator.
By providing User’s telephone number to the Draft, User consents to receive informational and marketing text messages and/or push notifications from or on behalf of us and/or our partners and suppliers. User may opt-out at any time by replying STOP to the text message received or by calling us at the phone number listed under “Contact Information” below.
USER AGREES THAT USER’S USE OF THE DIGITAL PLATFORM SHALL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE DRAFT, ITS SUPPLIERS, AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE DIGITAL PLATFORM, MATERIALS, CONTENT, AND USER’S USE THEREOF, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, ACCURACY, COMPLETENESS, TITLE, AND NON-INFRINGEMENT. THE DIGITAL PLATFORM AND ALL MATERIALS ARE PROVIDED “AS AVAILABLE,” “AS IS,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE DRAFT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE DIGITAL PLATFORM OR MATERIALS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND/OR USE OF THE DIGITAL PLATFORM OR MATERIALS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE DRAFT’S OR ITS SUPPLIERS’ SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY TRANSMISSION TO OR FROM THE DIGITAL PLATFORM; AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL PLATFORM THROUGH THE ACTIONS OF ANY THIRD PARTY. NEITHER THE DRAFT NOR ANY OF ITS SUPPLIERS OR AFFILIATES WARRANT THAT (A) THE DIGITAL PLATFORM OR MATERIALS WILL MEET USER’S REQUIREMENTS; (B) THE OPERATION OF THE DIGITAL PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; OR (C) THE DIGITAL PLATFORM OR MATERIALS WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE, OR THAT ERRORS WILL BE CORRECTED.
USER UNDERSTANDS THAT THE DRAFT DOES NOT INQUIRE INTO THE BACKGROUNDS OF USERS OF THE DIGITAL PLATFORM. THE DRAFT DOES NOT ATTEMPT TO VERIFY THE STATEMENTS OF USERS (ALTHOUGH, THE DRAFT RESERVES THE RIGHT TO CONDUCT ANY BACKGROUND CHECK OR OTHER SCREENINGS AT ANY TIME USING AVAILABLE PUBLIC RECORDS). ADDITIONALLY, USER IS RESPONSIBLE FOR (1) CONDUCTING ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCE THAT USER MAY REQUIRE; AND (2) COMPLYING WITH ALL LAWS AND REGULATIONS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF ANY OTHER USER. THE DRAFT HEREBY DISCLAIMS ALL LIABILITY IN CONNECTION WITH ANY ENGAGEMENT OR CONTRACT BETWEEN USERS OF THE DIGITAL PLATFORM.
IN NO EVENT SHALL THE DRAFT, ITS SUPPLIERS, OR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM OR RELATED TO ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN THE DIGITAL PLATFORM; (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE DIGITAL PLATFORM; (IV) ANY TRANSMISSION TO OR FROM THE DIGITAL PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE DIGITAL PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGITAL PLATFORM; AND/OR (VII) THE DISCLOSURE OR USE OF INFORMATION OR USER CONTENT PURSUANT TO THESE TERMS, IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DRAFT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IF ANY EXCLUSION, DISCLAIMER OR OTHER PROVISION CONTAINED IN THESE TERMS IS HELD TO BE INVALID FOR ANY REASON BY A COURT OF COMPETENT JURISDICTION, AND THE DRAFT, OR ONE OF ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES BECOMES LIABLE FOR LOSS OR DAMAGE THAT COULD OTHERWISE BE LIMITED, SUCH LIABILITY WHETHER IN CONTRACT, TORT OR OTHERWISE WILL NOT EXCEED IN THE AGGREGATE THE GREATER OF THE AMOUNT ACTUALLY PAID BY USER TO THE DRAFT (IF ANY) OR ONE HUNDRED DOLLARS ($100.00 USD). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH ANY PORTION OF THE DIGITAL PLATFORM, OR WITH ANY PORTION OF THESE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGITAL PLATFORM.
IF USER IS A RESIDENT OF NEW JERSEY, TO THE EXTENT NEW JERSEY LAW PROHIBITS THE LIMITATIONS AND/OR EXCLUSIONS OF LIABILITY SET FORTH IN THESE TERMS, SUCH LIMITATIONS AND/OR EXCLUSIONS SHALL NOT APPLY TO USER.
Any claim or cause of action arising out of or related to User’s use of the Digital Platform, these Terms, or User’s use of Materials made available through or on the Digital Platform must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
User agrees to indemnify and hold harmless The Draft, its suppliers, and affiliates, and their respective officers, directors, members, managers, employees, and agents from and against any and all claims, losses, liability, costs, and expenses (including attorneys’ fees) arising from or related to User’s use of the Digital Platform, and User covenants not to sue The Draft or its affiliates for any injuries to User or User’s property arising out of or related to User use of the Digital Platform.
The Draft takes copyright infringement very seriously. It is The Draft’s policy to terminate the account of any User who repeatedly infringes copyrighted material upon prompt notification to The Draft by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Digital Platform in a way that constitutes copyright infringement, please provide The Draft’s Copyright Agent with the following information:
The Draft may suspend the Digital Platform or User’s account or any other provision of services to User, and The Draft may terminate these Terms, in its sole discretion without explanation and notice. If you wish to terminate these Terms, you may do so by notifying The Draft at any time and closing your account for the Digital Platform. Such notice should be sent to the Contact Information in Section 18 below. Termination of these Terms may result in the immediate deletion of any User Content that User has submitted to The Draft. The Draft will not have any liability whatsoever to User for any suspension or termination, including for deletion of User Content. All provisions of these Terms that by their nature should survive termination shall survive termination.
These Terms shall be governed by the internal substantive laws of the State of Delaware and the United States of America, without respect to its conflict of laws principles. Any claim or dispute between User and The Draft that relates to or arises in whole or in part from these Terms shall be decided exclusively by a state or federal court having jurisdiction over New Castle County, Delaware, U.S.A.; provided, that User hereby agrees that any dispute arising out of or relating in any way to these Terms or User’s use of the Digital Platform or any information, materials or services User obtains from The Draft requires that such claim be resolved exclusively by confidential binding arbitration. The arbitration shall be conducted before three neutral arbitrators in New Castle County, Delaware, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Punitive and consequential damages may not be awarded under these Terms.
BECAUSE THE USE OF THE DIGITAL PLATFORM REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS’ DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.
The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (i) to the exclusive jurisdiction of the state or federal courts having jurisdiction over New Castle County, Delaware for any action (a) to compel arbitration, (b) to enforce any award of the arbitrators, (c) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, or (d) to enforce The Draft’s intellectual property rights under these Terms, and (ii) for service of process in any such action by registered mail or any other means provided by law. Should this section be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that sole and exclusive jurisdiction and venue for any claims will be in the state or federal courts having jurisdiction over New Castle County, Delaware, U.S.A.
The Draft may assign its rights and duties under these Terms without notice to User. User may not assign these Terms without the prior written consent of The Draft, and any assignment in contravention of the foregoing shall be null and void. If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall not affect the validity or enforceability of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The Draft’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms, as revised from time to time by The Draft, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter. Any rights not expressly granted herein are reserved to The Draft.
If User has any questions about these Terms, The Draft's practices, or User's dealings with the Digital Platform, please contact us at comms@thedraft.io.
For more info: comms@thedraft.io