The DraftDay.ai website (the “Website”) is owned by Pop Media LLC and acts as an affiliate website promoting Sports Picker AI, which is owned by Unanimous A.I., Inc. (“Unanimous AI”). Throughout the Website, the terms “we”, “us” and “our” refer to DraftDay.ai. DraftDay.ai offers this Website, including all information, tools, and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting DraftDay.ai and/or accessing the content provided, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website.
Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
All information on this Website is provided to you for entertainment and amusement purposes only. Any use of this information in violation of any federal, state, and/or local law is strictly prohibited. DraftDay.ai is not responsible for any decisions made, financial or otherwise, based on the Service or links provided on the Website and does not guarantee outcomes. DraftDay.ai and its affiliates accept no responsibility for such action on the part or any party, including but not limited to its users and readers. No information presented on this Website constitutes a recommendation by DraftDay.ai or its affiliates to engage in any activity. DraftDay.ai is not affiliated, endorsed, nor licensed by any sports franchises, organizations, or associations.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our content for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. The headings used in this agreement are included for convenience only and will not limit or otherwise affectthese Terms.
You agree not to: (a) sell, resell, publish, republish, copy, duplicate, reproduce,redistribute, broadcast, license or otherwise commercially exploit or make the Service available to any third party; (b) modify, adapt, or create derivative works of the Service,or otherwise attempt to gain unauthorized access to the Service or related systems ornetworks; (c) reproduce, modify, adapt or create derivative works of the software making up the Service; (d) falsely imply any sponsorship or association with Unanimous A.I.; (e)use the Service in any unlawful manner, including but not limited to violation of any person's privacy rights; (f) attempt to decipher, decompile, reverse engineer, or otherwise discover the source code of any software making up the Service; (g) knowingly or recklessly post transmit, upload, link to, send, or store any viruses, malware, Trojan horses, time bombs, or any other similar harmful software ("Malicious Software") on the Website; (h) incorporate the Service into a product You provide to a third party; (i) use the Service for competitive analysis or to build competitive products; (j) publicly disseminate information regarding the performance of the Service; or (k) encourage or assist any third party to do any of the foregoing.
We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue anyproduct at any time. Any offer for any product or service made on this Website is void where prohibited. We do not warrant that the quality of any products, services,information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment,appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at ourstore. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
DraftDay.AI will maintain commercially reasonable administrative, physical, and technical safeguards to protect the security, confidentiality, and integrity of your data.You agree that DraftDay.AI and the service providers we use to assist in providing theService to you shall have the right to access your account and your data solely to the extent necessary to provide the Service, including, without limitation, in response to your support requests. We collect certain information about You. We use, disclose, and protectthis information as described in our Privacy Policy, the current version of which is available at https://draftday.ail/privacy and which is incorporated into the Terms.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to suchtools ”as is” and “as available” without any warranties, representations or conditions ofany kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Website may direct you to third-party Websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or Websites, or for any other materials,products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party Websites. Please review carefully the thirdparty's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) orwithout a request from us you send creative ideas, suggestions, proposals, plans, or othermaterials, whether online, by email, by postal mail, or otherwise (collectively,'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward tous. We are and shall be under no obligation (1) to maintain any comments in confidence;(2) to pay compensation for any comments; or (3) to respond to any comments.DraftDay.AI shall have a royalty-free, worldwide, transferable, sub-licensable,irrevocable, and perpetual license to incorporate into the Service or otherwise use anysuggestions, enhancement requests, recommendations, or other feedback we receive from You.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory,pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate anyright of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or anyrelated Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Your submission of personal information through the store is governed by our Privacy Policy, which may be found at https://unanimous.ai/privacy-legal/.
Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions,pricing, promotions, offers, and availability. We reserve the right to correct any errors,inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related Website,including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website, should be taken to indicate that all information in the Service or on any related Website has been modifiedor updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate basedon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;(f) to submit false or misleading information; (g) to upload or transmit viruses or anyother type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related Website, other Websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish,pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, other Websites, or the Internet. We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.
THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW. DraftDay.AI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time orcancel the service at any time, without notice to you. You expressly agree that your use of the Service is at your sole risk.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, DraftDay.AI'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OFTHESE TERMS OR OTHERWISE IN CONNECTION WITH ANY SUBSCRIPTION TO, OR USE OR EMPLOYMENT OF THE SERVICE, SHALL IN NO EVENT EXCEED THE SUBSCRIPTION CHARGES PAID BY YOU DURING THE TWELVE(12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SUBSCRIPTION CHARGES, WHICH WOULD HAVE BEEN SUBSTANTIALLY HIGHER IF DraftDay.AI WERE TO ASSUME ANY FURTHER LIABILITY OTHER THAN AS SET FORTH HEREIN. DraftDay.AI HAS RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO PROVIDE YOU THE RIGHTS TO ACCESS AND USE THE SERVICE PROVIDED FOR IN THESE TERMS.
In no case shall DraftDay.AI, our directors, officers, employees, affiliates, agents,contractors, suppliers, service providers or licensors be liable for any injury, loss, claim,or any direct, indirect, incidental, punitive, special, or consequential damages of any kind,including, without limitation lost profits, lost revenue, lost savings, loss of data,replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or
of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless DraftDay.AI and our parent,subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful,void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to besevered from these Terms of Service, such determination shall not affect the validity andenforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, and/or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we alsomay terminate this agreement at any time without notice and you will remain liable for allamounts due up to and including the date of termination; and/or accordingly may denyyou access to our Services (or any part thereof).
Due to the nature of the Services and the information being provided, there are absolutely no refunds. Subscribers may provide notice of cancellation at any time, and such cancellation will be effective at the end of the then-current subscription period.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and anypolicies or operating rules posted by us on this Website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements,communications and proposals, whether oral or written, between you and us (including,but not limited to, any prior versions of the Terms of Service).
These Terms of Service shall be governed by the laws of the State of California withoutregard to conflict of laws principles. You hereby expressly agree to submit to theexclusive personal jurisdiction of the federal and state courts of the State of California,Santa Clara County, for the purpose of resolving any dispute relating to the Terms of Service or access to or use of the Service by you.
You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of theseTerms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes
Questions about the Terms of Service should be sent to us at [Your Email Address]. By using this Website, you agree the information provided in this Website is for news and entertainment purposes only. Use of this information in violation of any federal, state, or local law is prohibited. DraftDay.ai is not responsible for any decisions made, financial or otherwise, based on information or links provided by on DraftDay.ai. DraftDay.ai does not guarantee outcomes and shall not be held liable for losses resulting from the use of information obtained from here. DraftDay.ai is an affiliate website promoting Sports Picker AI, which is owned by DraftDay.AI.
