TERMS OF USE FOR FANTASYDRAFTPROXIES.COM
ACCEPTANCE OF TERMS OF USE
These Terms of Use govern your relationship with Fantasy Draft Proxies, LLC. By using, visiting, or browsing the Website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Website. These Terms of Use are an ongoing contract between you and Fantasy Draft Proxies, LLC (“FDP”) and apply to your use of the Website. These Terms of Use affect your rights and you should read them carefully.
CHANGES TO TERMS OF USE
FDP reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the Website after changes are made means that you agree to be bound by such changes.
PRIVACY POLICY
FDP is committed to protecting the privacy of the personal information you provide us on the Website. We will not sell your personal information to anyone or any party. Your personal information is for the sole use of FDP. Any information submitted on the Website is subject to our Privacy Policy, the terms of which are incorporated herein.
THE PRIVACY OF YOUR ACCOUNT
Fantasy Draft Proxies will participate in your Yahoo, ESPN or other online fantasy draft. In order to login to your league’s draft and to provide the service you are paying us for, we will require your username and password. We will never share this information with anyone other than the selected fantasy football expert that will be drafting your team.
We also will not access any other area of your account other than the fantasy football league areas. This includes access to your personal information, password, email or other non-fantasy-related content within the account. We will not purchase any products or subscriptions under your account. We will login to your account no more than 30 minutes before the draft starts and will log out immediately after the draft ends.
If you are uncomfortable with sharing your username and password with us, then we recommend that you change your password immediately after the draft or that you create a new account and password that is not linked to any sensitive personal information. This is for your peace of mind only. We assure you that we will never access your account again after the draft (unless you hire us to draft another team for you).
YOUR ACCEPTANCE
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the fantasydraftproxies.com domain name, or the Website) operated by FDP, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS OF USE.
PERFORMANCE OF TEAMS
FDP does not provide any assurances or warranties of any kind that it will draft a winning team on your behalf. FDP will use its best efforts, but cannot guarantee success.
WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE FDP WEBSITE AND FDP SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FDP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE SERVICES PROVIDED TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FDP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY MISUSE OF YOUR ACCOUNT INFORMATION THAT YOU PROVIDE TO FDP. YOU HAVE BEEN EXPRESSLY ADVISED TO NOT USE FANTASY SPORTS ACCOUNTS THAT, WHEN ACCESSED, WILL ALSO PROVIDE ACCESS TO OTHER FINANCIAL OR PERSONAL INFORMATION.
JURISDICTION
You agree that: (i) the Website shall be deemed solely based in Ohio; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over FDP, either specific or general, in jurisdictions other than Ohio. These Terms of Use shall be governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws principles. Any claim or dispute between you and FDP that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Franklin County, Ohio.
ABILITY TO ACCEPT TERMS OF USE
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the FDP Website is not intended for children under 13. If you are under 13 years of age, then please do not use the FDP Website.
STATUTE OF LIMITATIONS
YOU AND FDP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
ENTIRE AGREEMENT/WAIVER/AMENDMENT
These Terms of Use shall constitute the entire agreement between you and FDP. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by FDP to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. FDP reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the FDP Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.