The following are the terms and conditions (the "Terms") for use of the DraftFuel web site (the "Site") and DraftFuel(TM) services. Please read the Terms carefully.
By using the DraftFuel Material (as defined below), you are deemed to accept the validity of and be bound by the Terms as stated herein without modification.
DraftFuel Material is defined as any legal materials, documents, contracts, software, products, web links, email, information, partial DraftFuel Material or any other materials provided by DraftFuel or the Site. DraftFuel Services is defined as any DraftFuel service.
You agree not to use any DraftFuel Material and DraftFuel services for any purpose which is against any law in your jurisdiction or for any purpose which would not give full effect to the Terms even if that purpose is otherwise allowed under the Terms of this agreement.
You may view the site using a web browser for evaluation purposes as a potential customer or supplier.
Final Contract is defined as the finished legal document created through the use of a DraftFuel product such as a licensed automated contract.
Purchase of a subscription entitles you to:
You may end a subscription in your account area. DraftFuel retains the right to cancel any subscription at any time for inappropriate use, and there will be no refunds.
Draftfuel is not legally affiliated with DraftKings or FanDuel. DraftFuel provides player stats and analytics so that daily fantasy sports users can make better player selections. DraftFuel does not offer daily fantasy sports contests, or any kind of betting on the website. DraftFuel is also not legally affiliated in any way with any of the professional sports leagues (PGA, MLB, NFL, NBA, NHL) supported for the player analytics built and delivered.
You agree that all decisions you make with regards to player selections based on player stats and analytics from DraftFuel are your full responsibility, and the website is used primarily as a research tool for making more informed decisions.
DraftFuel retains the right to create and make changes to an Affiliate Program or other marketing and sales programs as it sees fit.
To the maximum extent allowable under applicable law, except as explicitly identified in these terms, you agree not to publish, re-publish, end, license, give away, look at the software source code, modify the software source code, post to an internet web site, or use in an automated system any DraftFuel Material, nor will you allow or assist a third party to do so.
DraftFuel retains the right to prohibit organizations, groups, or individuals, or yourself from using its websites or DraftFuel Material or DraftFuel Services at its discretion.
This agreement cannot be assigned.
All ownership, copyright and other intellectual property rights to any DraftFuel Material belongs solely to DraftFuel and its supplies as expressly licesned in these Terms.
Without reducing or restricting any other remedies that DraftFuel may be entitled to, you agree that, to the extent allowable under applicable law, any automated system using any DraftFuel Material will be the property of DraftFuel.
Except as expressly provided in these Terms, to the maximum extent permitted under applicable law, DraftFuel material and DraftFuel services are provided "as is" without any kind of warranty.
You accept full responsibility for determining whether DraftFuel material and DraftFuel services are suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expresssly provided in these Terms, we are not responsible for any loss, injury, claim, libaility, damage, or consequential damage related to your use of DraftFuel Material and DraftFuel services, or for the inaccessibility of DraftFuel Material and DraftFuel Services whether from errors or omissions in the content of DraftFuel Material and DraftFuel Services or any other linked sites or for any other reason. Use of DraftFuel Material and DraftFuel Services is at your own risk. DraftFuel does not represent or warrant that DraftFuel Material, the site, apps, or any linked sites are free of any harmful materials.
Except as expressly provided in these Terms, the maximum liability of DraftFuel is the amount paid to DraftFuel by the customer. The maximum liability of DraftFuel for any DraftFuel Services is the portion of the amount paid to DraftFuel by the customer specifically for the DraftFuel services as calculated by DraftFuel.
All guarantees are subject to any limitations specified in any DraftFuel Material. Guarantees are only available to customers who paid on the product before the guarantee is claimed and are not available on free promotions. For a guarantee to apply to a product it must be explicitly promoted in DraftFuel material for that product at the time of payment. A customer is only entitled to one Guarantee claim relating to one Guarantee category of one product. Should a customer accept a Guarantee related payment from DraftFUel, they waive their right to any additional claims against DraftFuel regarding any Guarantee unless otherwise agreed to in writing.
All of the Terms are valid regardless of the heading. To the maximum extent possible under law, the Terms take precedence over any conflicting DraftFuel services should it be deemed that any DraftFuel services are legally relevant to this Agreement under law.
You agree to indemnify and hold DraftFuel, its directors, officers and employees, harmless from any actions, claims, losses, damages, liabilities and expenses including legal fees, asserted by any third party due to or arising out of your use of the Site or DraftFuel Material or DraftFuel Services.
The Terms are governed by the laws of the Province of Ontario, Canada. You irrevocably attorn to the exclusive jurisdiction of the courts of Toronto, Ontario, Canada.
If you and DraftFuel are unable to resolve any dispute by informal negotations, then any resolutions of this dispute will be conducted exclusively by binding arbitration.
A request for appointment of an arbitrator must be made in writing. Upon receipt of the written request, DraftFuel will have 90 days to choose and appoint an independent and impartial arbitrator with relevant knowledge of the matter at issue and the governing laws as set forth above. The arbitration will be held in the City of Toronto, Ontario, Canada.
The cost of the binding arbitration proceedings and any proceeding in court to confirm or to vacate any arbitration award, including, without limitation, reasonable attorneys' fees and costs, will be borne by the unsuccessful party and will be determined and awarded by the arbitrator.
You will not seek to have the 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. Arbitration or any other proceeding to resolve any dispute, in any forum, will be conducted solely on an individual basis and not combined with another without the prior written consent of allp arties to all affected arbitrations or proceedings.
DraftFuel reserves the right to change the terms or policies regarding the use of the site or DraftFuel Services at any time and to notify you by updating the Site. Other terms and conditions are only valid when signed in writing by an authorized DraftFuel officer.
If any term, covenant, condition or provision of these Terms if held by a court of competent jurisdiction to be invalid, void or unenforceable, such provision is to be excluded to the extent of such invalidity or unenforceability and all other provisions will remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable provision will be deemed replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
No failure or delay, on the part of DraftFuel, in exercising any right or power under these terms will operate as a waiver of such right or power.
Except as explcitily set forth in this agreement, these terms, the site's disclaimer, and, if you are an affiliate, the affiliate program terms and conditions, constitute the whole agreement between you and DraftFuel notwithstanding any: