which details how We handle any personal information you provide Us, Our Affiliate & Marketing terms.
PLEASE READ THESE TERMS IN THEIR ENTIRETY. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT ("AGREEMENT")
THAT GOVERN YOUR USE OF DraftLane AND CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEBSITE/APP OR SERVICE.
DraftLane provides a fantasy sports leagues records mobile app and a platform to connect with experts— which include all of the text, images, audio,
code and other material they contain or provide (collectively, the “Content”) and all of the features,
and league data provided by fantasy operators such as Yahoo and Sleeper. The Site, the mobile app, or other services (including co-branded or affiliated services)
offered from time to time by DraftLane are referred to here as the “Service.”
By accessing or using any service from DraftLane or becoming an account holder, you accept and are bound by these Terms.
If you do not agree to these Terms, do not access or use Our Services. If you breach any of the Terms,
your authorization to use the DraftLane automatically terminates.
DraftLane may, from time to time,
find it necessary to change or modify the DraftLane Terms. In the event We do so, We will post the changes on this page and the date of the changes.
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.
You may not use our products or services for any illegal or unauthorized purpose, nor may you copy any content, feature or any other data from our mobile app or any other services provided by DraftLane.
You must not cause harm nor transmit any worms or viruses or any code of a destructive nature.
In order to access DraftLane, you must register for an account. By registering as a user of the Service,
you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and
maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate,
not current or incomplete, or DraftLane has reasonable grounds to suspect that such information is inaccurate, not current or incomplete,
DraftLane may deny you access to areas requiring registration, or terminate your account, at its sole discretion.
You may establish, maintain, use and control only one account on the Service. Each account on the Service may only be owned, maintained,
used and controlled by one individual. For avoidance of doubt, users may not “co-own” accounts on the Service.
You agree that the sole and specific purpose of creating an account on DraftLane is to access your fantasy league records and agree to share your league records with
other users using DraftLane in our best overall standings service or any other feature that is presented by DraftLane such as connect with Fantasy experts for feedback.
At the time of registration for online account access, you must provide a valid email address and supply a Username and Password to be used in conjunction
with your account. You may not use a Username that promotes a commercial venture or a Username that DraftLane in its sole discretion deems offensive.
Many portions of the Service require registration for access. It is your responsability to maintain the confidentiality of Password,
and you are fully responsible for all uses of your Username and Password, whether by you or others. You agree to (a) never to use the same Password for the
Service that you use or have ever used outside of the Service; (b) keep your Username and Password confidential and not share them with anyone else;
(c) immediately notify DraftLane of any unauthorized use of your Username and Password or account or any other breach of security;
and (d) use only your own Username and Password to access the Service’s Restricted Areas.
DraftLane cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You acknowledge and agree that DraftLane is authorized to act on instructions received through the use of your Username and Password,
and that DraftLane may, but is not obligated to, deny access or block any transaction made through use of your Username and Password without prior notice
if we believe your Username and Password are being used by someone other than you, or for any other reason.
DraftLane may require you to change your Username or may unilaterally change your Username.
When you complete your registration for DraftLane, you may receive certain commercial communications from DraftLane.
You understand and agree that these communications are part of your registration, and that, to the extent required by law,
you may opt out of receiving these communications at any time by either using the unsubscribe functionality or
sending an email to email@example.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
By using DraftLane, you agree not to use the DraftLane App and Service for any unlawful purpose or for any purpose that is prohibited by these Terms.
Further you agree to not:
• engage in any illegal activity or the planning of any illegal activity;
• threaten, harass, abuse, or otherwise intimidate any DraftLane users;
• post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of DraftLane, its partners, its users or any third party;
• use the App for any purpose other than that which is authorized in these Terms or in a manner that violates any laws including intellectual property laws;
or to copy any stats or any content provided by DraftLane and/or any DraftLane services without first obtaining written permission from DraftLane;
• seek to or in any way assist others obtain password, account, or private information from any DraftLane user;
• create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
• send or cause to be generated any unwanted email ("Spam") to any DraftLane users;
• inflict or cause to be inflicted in any manner whatsoever a software viruses or any other computer code designed to interrupt, destroy, limit, or otherwise affect the functionality of any computer software or hardware or telecommunications equipment associated directly or indirectly with DraftLane;
• employ any automated means, included but not limited to bots, scrapers, or spiders to access DraftLane for any purpose without first obtaining written permission from DraftLane;
• Improperly use support or complaint buttons or make false reports to DraftLane;
• use any artificial means, to alter your position on DraftLane leader boards;
• sell or transfer your profile; or
• engage in any other activity deemed by Us to be in conflict with the spirit or intent of DraftLane.
Any use of the App in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your Account and your rights to use the Interactive Areas and/or the App. You understand that any attempt to deliberately damage the App /and/or any service or undermine any contest is a violation of criminal and/or civil laws and DraftLane reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
If you wish to report any abuses, inappropriate online conduct or a violation of Our Terms, please forward all evidence of the same to firstname.lastname@example.org.
Please refer responsibly!
You understand that all Content made available on the Service by a user (“User Content”), including but not limited to profile information and
communications with other users, whether privately transmitted or made publicly available, is the sole responsibility of the person from which
such User Content originated. This means that you, not DraftLane, are entirely responsible for all User Content that you upload, post, share, email,
transmit, or otherwise make available via the Service. Under no circumstances will DraftLane be liable in any way for any User Content.
You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Content.
You further acknowledge and agree that you bear the sole risk of reliance on any Content available on or through the Service.
You are solely responsible for your interactions with other users of the Service. DraftLane reserves the right, but has no obligation,
to monitor disputes between you and other users.
You expressly understand and agree that your use of the Service is at your sole risk.
The Service (including the Service and the Content) are provided on an "AS IS" and "as available" basis, without warranties of any kind,
either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement.
You acknowledge that DraftLane has no control over, and no duty to take any action regarding: which users gain access to or use the Service;
what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed
to the Content. You release DraftLane from all liability for you having acquired or not acquired Content through the Service. The Service may contain,
or direct you to other websites containing information that some people may find offensive or inappropriate.
DraftLane makes no representations concerning any Content contained in or accessed through the Service, and
DraftLane will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
DRAFTLANE AND DRAFTLANE PROVIDERS DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE AND/OR APP OR ANY RELATED SERVICE.
THE OPERATION OF THE SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF DRAFTLANE.
YOU UNDERSTAND AND AGREE THAT DRAFTLANE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR
RECEIVE DURING YOUR USE OF THE SERVICE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU UNDERSTAND AND AGREE THAT,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DRAFTLANE NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT,
STRICT LIABILITY OR ANY OTHER THEORY (EVEN IF DRAFTLANE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM THE SITE OR SERVICE; YOU ACKNOWLEDGE AND AGREE THAT DRAFTLANE WILL NOT BE LIABLE NOR RESPONSIBLE FOR ANY DISCONTINUED SERVIVES YOU HAVE PURCHASED, LIKE LEAGUE RECORDS ACCESS, OR/AND ANY OTHER SERVICE.
YOU ACKNOWLEDGE AND AGREE THAT DRAFTLANE WILL NOT BE LIABLE NOR RESPONSIBLE TO PROVIDE ANY REFUND FOR ANY DISCONTINUED SERVICES REGARLESS OF THE REASON;
THE USE OR THE INABILITY TO USE THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICE; ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
ANY INCORRECT, ILLEGIBLE, MISDIRECTED, STOLEN, INVALID OR INACCURATE ENTRY INFORMATION; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES,
INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS,
OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT AN ENTRANT TO PARTICIPATE IN THE SERVICE); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT;
INABILITY TO FULLY ACCESS THE SITE OR SERVICE OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ENTRIES,
IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS,
OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE SITE OR SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
DRAFTLANE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION.
Content within the DraftLane is owned and/or licensed by DraftLane and is protected by international copyright, trade dress, patent, and trademark laws,
international conventions, and other laws protecting intellectual property and related proprietary rights.
You may not copy or download any content from the Website and/or the App unless you are authorized to do so in writing by DraftLane.
You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to content.
You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from,
or otherwise make unauthorized use of content. DraftLane reserves all rights in the content that are not expressly granted to you in these Terms.
Making unauthorized copies of content found in the Website or App may result in the termination of your Account,
prohibition on use of the Website, and further legal action. Content owners may take criminal or
civil action against you for unauthorized use of intellectual property.
You agree to indemnify and hold harmless DraftLane from any unauthorized or illegal conduct by you, or through the use of your Account, on the Website.
The Service provides, or third parties may provide, links to other web sites, applications or resources.
Because DraftLane has no control over such sites, applications and resources, you acknowledge and agree that DraftLane is not responsible for the availability
of such external sites, applications or resources, and is not responsible or liable for any content, advertising, products or other materials on or
available from such sites or resources. You further acknowledge and agree that DraftLane shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or
through any such site or resource.
Termination and suspension
In the event that you breach any of the terms or conditions contained in these Terms, DraftLane may terminate or suspend your access to the Service and/or
your DraftLane Account immediately and without prior notice. Should your Account be terminated,
your right to use DraftLane will cease immediately. Should you decide to terminate your DraftLane Account,
you may simply stop using the Service, Log off from your linked fantasy operators and Log off DraftLane.
Binding arbitration and class action waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Initial Dispute Resolution
You agree to work with DraftLane in good faith to resolve any dispute, controversy, disagreement or claim ("Dispute") arising out of or relating
to these Terms or your use of the Service before escalating the Dispute to binding arbitration or litigation, as addressed below.
You must give DraftLane an opportunity to resolve the Dispute by emailing Us with the subject line "DISPUTE".
The notification of Dispute must include (i) your name and address, (ii) a written description of your Dispute,
and (iii) a description of the specific relief you seek. The parties agree to use their best efforts to resolve Disputes
using this Initial Dispute Resolution process.
In the event that the parties are unable to resolve the Dispute within 30 days of DraftLane's receipt of your notification,
then either party may initiate binding arbitration as the sole means to resolve the Dispute, subject to the terms set forth below.
Specifically, all Disputes arising out of or relating to these Terms (including its formation,
performance and breach), the parties' relationship with each other and/or your use of the Service shall be finally settled by binding
arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and
the supplementary procedures for consumer related disputes of the American Arbitration Association (the "AAA"), excluding any rules or
procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating
to the interpretation, applicability, enforceability or formation of this Agreement, including,
but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration.
The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written,
and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Each party shall bear its own costs in connection with any arbitration proceedings.
The parties shall equally share the fees of the arbitration and the arbitrator.
The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1 (800) 778-7879.
The parties further agree that arbitration shall be initiated in Detroit, Michigan and you and DraftLane agree to submit to
the personal jurisdiction of any federal or state court in Detroit, Michigan in order to compel arbitration,
to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other
representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis.
YOU AND DRAFTLANE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exception - Litigation of Intellectual Property and Small Claims Court Claims
Notwithstanding the parties' decision to resolve all disputes through binding arbitration, either party may bring an action in a state or federal court located
in Detroit, Michigan to protect or enforce intellectual property rights.
Intellectual property rights includes patents, copyrights, moral rights, trademarks, and trade secrets,
but not privacy or publicity rights. Either party may also seek relief in a small claims court located in Detroit, Michigan for disputes or
claims within the scope of that court's jurisdiction. The laws of the State of Michigan shall be applied in any litigation proceedings,
without regard to principles of conflict of laws. You further agree to accept service of process by mail.
30-Day Right to Opt Out
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Opt-Out Deadline").
You may opt-out of these provisions by emailing notification to email@example.com
Your notification must include (i) your name and address and (ii) a clear statement that you do not wish to resolve disputes with DraftLane through binding arbitration.
Your decision to opt-out of these provisions will have no adverse effect on your relationship with DraftLane.
If you opt-out of these provisions, DraftLane also will not be bound by them.
Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute through binding arbitration or small claims court.
DraftLane will post a notice online 30 days prior to any changes to this section and changes will become effective on the 30th day and apply to only to
claims arising from that point forward.
Subject to your compliance with these Terms, DraftLane grants you a limited non-exclusive, non-transferable license to download and
install a copy of the app on a device that you exclusively control and to run such copy of the app solely for your own personal use.
DraftLane reserves all rights in and to the app not expressly granted to you under these Terms.
You will not run any version of the app on a jailbroken device.
If you have downloaded our app, you agree to promptly download and install any new version that we make available through
the Apple App Store or Google Play store, as applicable. Some new versions may contain updated Terms.
Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly,
failure to promptly update your version of the App may in some cases expose you to increased security risks or Service malfunctions.
ADDITIONAL TERMS FOR OUR iOS AND ANDROID APPS
You acknowledge and agree that (i) these Terms are binding between you and DraftLane only, and Apple and/or Google is not a party hereto, and (ii) as
between DraftLane and Apple and/or Google, it is DraftLane that is responsible for the app and the content thereof.
Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service).
You acknowledge that Apple and/or Google has no obligation to furnish you with any maintenance and support services with respect to the app.
You acknowledge that Apple and/or Google is not responsible for addressing any claims you have or any claims of any third party relating to the app or
your possession and use of the app, including, but not limited to (i) product warranty or liability claims;
(ii) any claim that the app fails to conform to any applicable legal or regulatory requirement;
(iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.
In the event of any failure of the version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms,
you may notify Apple and/or Google to refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law,
Apple and/or Google will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and/or Google and DraftLane, any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure to conform to any warranty will be DraftLane’s responsibility,
but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit DraftLane’s liability in this regard.
Upon your acceptance of the Terms,
Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.
There are no other third-party beneficiaries of the Terms.
These Terms (and any additional terms, rules and conditions of using the service that DraftLane may post) constitute
the entire agreement between you and DraftLane with respect to the Service and supersedes any prior agreements,
oral or written, between you and DraftLane. In the event of a conflict between these Terms and the additional terms,
rules and conditions of participation in particular contests, the latter will prevail over the Terms to the extent of the conflict.
Waiver and Severability of Terms
The failure of DraftLane to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by an arbitrator or court of competent jurisdiction to be invalid,
the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full force and effect.
We shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DraftLane,
including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents,
network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or
the Terms must be filed within three (3) months after such claim or cause of action arose or be forever barred.
THE SECTION TITLES IN THE TERMS AND CONDITIONS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Thank you for using DraftLane!