The Agreement constitutes the entire and only agreement between you and BoltDraft™ with respect to your use of the BoltDraft™ Offerings and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the BoltDraft™ Offerings, the content contained therein and the products, services and/or programs provided by or through same. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site or through the App that augment(s) or otherwise enhance(s) the current features of the BoltDraft™ Offerings shall be subject to the Agreement. If you do not agree to the terms and conditions contained within the Agreement in their entirety, you are not authorized to become a User, download the App or use any of the BoltDraft™ Offerings in any manner or form whatsoever.
Facebook® is a registered trademark of Facebook, Inc. (“Facebook”). Twitter® is a registered trademark of Twitter, Inc. (“Twitter”). Please be advised that BoltDraft™ is not in any way affiliated with Facebook and/or Twitter, and the BoltDraft™ Offerings are not endorsed, administered or sponsored by Facebook or Twitter.
To the extent permissible by applicable law, we may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site and App, and you should review the Agreement prior to using any of the BoltDraft™ Offerings. By your continued use of any of the BoltDraft™ Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable). Therefore, you should regularly check the Agreement for updates and/or changes.
You may only access this Site and associated BoltDraft™ Offerings where you meet all of the eligibility requirements listed below:
You shall be responsible, at all times, for ensuring that you have a mobile device, Internet connection, wireless service plan and/or other equipment necessary to access the BoltDraft™ Offerings. BoltDraft™ does not guarantee that the App can be accessed: (a) on all mobile devices; (b) through all wireless service plans; and/or (c) in all geographical areas. BoltDraft™ does not guarantee the quality, speed or availability of your mobile device’s Internet connection. Standard messaging, data and wireless access fees may apply to your use off the App. You are fully responsible for any all such charges and BoltDraft™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
Each User may create one (1) BoltDraft™ account. You may not open additional accounts in excess of the one (1) account limit through the use of fictitious Registration Data (as defined below), or otherwise. Any attempt to do so shall constitute a breach of these Terms, which may result in immediate termination of your account, with or without notice.
Creating a BoltDraft™ account will allow you to log-in to the Site and/or App and gain access to certain of the BoltDraft™ Offerings, such as the Contests, leaderboard and special promotions. In order to register for an account, you must provide personal information including your: (a) full name; (b) age; (c) mailing address; (d) email address; (e) credit card information and billing address (where you select this as your preferred method of depositing money into your account); (f) bank account information (where you select this as your preferred method of depositing money into your account); (g) user name, password and log-in name; and (h) any other information requested on the applicable registration form (collectively, “Registration Data”). You must provide us with accurate and complete Registration Data when creating your account, and update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account, with or without notice.
It is your responsibility to maintain the confidentiality of, and limited access to, your account, password and log-in name, and to keep same secure. You agree that BoltDraft™ is authorized to comply with instructions received through your account, and you agree to accept responsibility for all activities that occur through use of your account, password and log-in name, including any Entry Fees (as defined below) paid therethrough. However, BoltDraft™ is not obligated to, and may deny access or block any transaction made through the use of your account, password and log-in name without notice if we believe your account is being used by someone other than you.
If you feel that your account security has been compromised please contact us immediately. You may cancel your account at any time. To cancel your account, email us at firstname.lastname@example.org. In addition, BoltDraft™ reserves the right to cancel the account of any User for any reason or no reason, including where BoltDraft™ believes that such User is in breach of the Agreement, in BoltDraft’s™ sole and absolute discretion. You understand and agree that cancellation of your account is your sole right and remedy with respect to any dispute with BoltDraft™. Upon any termination and/or cancellation of your account, the licenses granted to you, as set forth herein, shall immediately terminate. You shall not receive any refund for Entry Fees previously paid up to the date of cancellation or termination.
Duration/Entry Fees/Funding Your Account. Periodically, BoltDraft™ will make Contests available to Users. The Contests shall vary in duration, lasting either one (1) day, one (1) week or such other interval as determined by BoltDraft™ (“Contest Duration”). The Contest Duration for each Contest shall be as predetermined and set forth in the general rules that apply to all Contests (the “Contest Rules”), or the terms, conditions and Contest features that apply to each such Contest individually as made available on the registration page applicable to each Contest (the “Contest Page Rules”). In connection with Contests that require a paid entry fee (“Paid Contests”), Users must pay the applicable entry fee in advance of that Contest’s start time (“Entry Fee”). The applicable Entry Fee will be predetermined and set forth on the applicable Contest Page Rules. In connection with Contests that do not require an Entry Fee to play (“Free Contests”), Users must register for the Contest before the applicable Contest’s start time. Each Contest shall have a limited number of particpants, and entrants will be accepted on a first come, first served basis. Contests that do not attract the requisite number of entrants will be cancelled prior to commencement, and any and all Entry Fees fully refunded.
Where you opt to deposit funds into your account, the credit or debit card that you provided during registration or updated at a later date (“Active Credit Card”), or your bank account (“Payment Account” and together with Active Credit Card, “Payment Method”), as applicable, will be charged the applicable amount designated by you. All amounts are listed on the Site and/or in the App and are in United States currency.
Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of BoltDraft™ in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), BoltDraft™ reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the BoltDraft™ Offerings after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification. All BoltDraft™ charges will appear on your Active Credit Card bill or Payment Account statement, as applicable, as “FANTASYCAPITAL 8457211512 NY.”
BoltDraft’s™ authorization to provide and bill for the BoltDraft™ Offerings is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. BoltDraft’s™ reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
IT IS PROHIBITED FOR TWO (2) OR MORE ENTRANTS TO COLLABORATE DURING ANY CONTEST OR TO ADOPT A STRATEGY (BEFORE OR DURING A CONTEST) IN ORDER TO MUTUALLY GAIN AN ADVANTAGE AND/OR HARM OTHER ENTRANTS (COLLECTIVELY, “COLLUSION”). TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, BOLTDRAFT™ IS NOT RESPONSIBLE FOR ATTEMPTED CONTEST REGISTRATIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED CONTEST. IF YOU FAIL TO ENTER A CONTEST INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE AND/OR APP FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT CONTEST.
Drafts and Players. When a Contest has attained the necessary number of entrants required by the applicable Contest Page Rules, the entrants will then be able to participate in an online draft (“Drafts”) using the Site’s interface, whereby each entrant will select three (3) players, at three (3) different positions, from at least three (3) different teams in the designated professional sports league (collectively, “Players”) and assign those Players to his/her team. The same Player may be selected by multiple entrants, unless otherwise stated in the applicable Contest Page Rules. Depending on the Contest Page Rules, entrants may be able to change their selected Players up until the applicable Contest’s start time.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, BOLTDRAFT™ IS NOT RESPONSIBLE FOR DRAFT SELECTIONS THAT ARE LOST, LATE, ILLEGIBLE, MISDIRECTED, DAMAGED, INCOMPLETE OR INCORRECT, OR FOR YOUR FAILURE TO PARTICIPATE IN, OR COMPLETE, A SCHEDULED DRAFT. IF YOU FAIL TO COMPLETE OR ENTER A DRAFT INCLUDING, WITHOUT LIMITATION, WHERE YOU CANNOT ACCESS THE SITE AND/OR APP FOR ANY REASON WHATSOEVER, YOU WILL NOT BE ABLE TO PARTICIPATE IN THAT CONTEST.
Scoring, Prizes and Withdrawals. Each entrant will earn points based on the performance, during the applicable Contest Duration, of the Players that were drafted on their team (“Points”). The specific scoring system for each Contest, and the number of winners, will be predetermined and set forth in the applicable Contest Page Rules. BoltDraft™ will be responsible for tallying the Points for each Contest based on the reporting of Player performance provided by each professional sporting league. Each winner of a Pay Contest, as determined by BoltDraft™, will receive the applicable monetary prize (“Prize”) added to her/his BoltDraft™ account. Prize amounts may be withdrawn by Users at any time, and will be paid via the same method that the User used to deposit money to her/his account; provided, however, that certain bonus Prizes, registration bonuses and other free money giveaways, as offered by BoltDraft™ from time-to-time, may be subject to certain withdrawal restrictions.
ALL DETERMINATIONS BY BOLTDRAFT™ WITH RESPECT TO POINTS, WINNERS AND PRIZES WILL BE MADE IN BOLTDRAFT’S™ SOLE AND ABSOLUTE DISCRETION, AND WILL BE FINAL AND BINDING ON YOU.
YOU UNDERSTAND AND AGREE THAT BOLTDRAFT™ IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO USE THE CONTESTS.
Contest participants may be disqualified in the sole discretion of BoltDraft™ for any reason including where we deem any behavior to constitute Collusion or that is otherwise unfair, unethical, improper or otherwise in violation of the Agreement. In such cases we may refuse to award Points, award Prizes, suspend a User’s account or take any other action that we feel is appropriate.
Installation. BoltDraft™ believes in providing Users with clear, concise and complete disclosure before Users download and install the App, including a description of the primary functions of the App. The App requires Users' consent prior to installation
Uninstall. The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "add/remove" programs function contained within your mobile device. Please be advised that in some instances, you may be required to restart your mobile device before all remnants of the App are completely uninstalled and removed from your mobile device. If you experience any problems installing and/or uninstalling the App, please contact us via e-mail at: email@example.com.
THE APP IS NOT SPYWARE OR ADWARE. THE APP WILL NOT MONITOR HOW YOU USE YOUR MOBILE DEVICE.
Subject to the terms and conditions of the Agreement, Users that possess the requisite technology shall have the opportunity to view and listen to all of the sports-related and other media (downloaded, streaming or samples), news feeds, statistics, game results, software, text, images, graphics, User interfaces, audio, trademarks, logos, artwork and other content featured on the Site (collectively, “Content”) as compiled, distributed and displayed by BoltDraft™, as well as third party websites/services/entities (collectively, “Third Party Content Providers”). BoltDraft™ does not represent or warrant that the Content that is provided by Third Party Content Providers is accurate, complete or appropriate. You may find certain Content that is provided by Third Party Content Providers to be offensive, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. To the extent permissible by applicable law, you understand and agree that BoltDraft™ will not be responsible for, and BoltDraft™ undertakes no responsibility to monitor, or otherwise police, Content that is provided by Third Party Content Providers. To the extent permissible by applicable law, you agree that BoltDraft™ shall have no obligation and incur no liability to you in connection with any such Content that is provided by Third Party Content Providers.
The Site and App contain links to the various BoltDraft™ Social Media Pages. The Social Media Pages are hosted and made available on third party websites (“Social Media Websites”) by third party entities. Your use of Social Media Pages and Social Media Websites shall be governed by those Social Media Websites’ applicable agreements, terms and conditions. You understand and agree that BoltDraft™ shall not be liable to you, any other User or any third party for any claim in connection with your use of, or inability to use, the Social Media Pages and/or Social Media Websites.
As a User of the Site and/or App, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the BoltDraft™ Offerings and all other material, products and/or services posted or made available by and through same (collectively, “BoltDraft™ Material”) in accordance with the Agreement. BoltDraft™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by BoltDraft™, you may only use the BoltDraft™ Material for your own personal, non-commercial use. No part of the BoltDraft™ Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the BoltDraft™ Material and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the BoltDraft™ Material. You may not use the BoltDraft™ Material in conjunction with any other third-party content (e.g., to provide sound for a film). You may not exploit any aspect of the BoltDraft™ Material for any commercial purposes not expressly permitted by BoltDraft™ (including the bundled sale of such BoltDraft™ Material). Systematic retrieval of BoltDraft™ Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BoltDraft™ is strictly prohibited. You further agree to indemnify and hold harmless BoltDraft™ for your failure to comply with this Section 8. BoltDraft™ reserves any rights not explicitly granted in the Agreement.
All BoltDraft™ Material is owned or licensed by or to BoltDraft™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the BoltDraft™ Material may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without BoltDraft’s™ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the BoltDraft™ Material. The posting of information or material at or through the Site and/or App by BoltDraft™ does not constitute a waiver of any right in or to such information and/or materials. BoltDraft™ reserves all rights not expressly granted hereunder. The “BoltDraft” name and logo are trademarks of BoltDraft. All custom graphics, icons and service names are trademarks of their rightful owners. All other trademarks are the property of their respective owners. The use of any BoltDraft™ trademark without BoltDraft’s™ express written consent is strictly prohibited.
The Site and/or App contains links to third party websites, products, services, information and other materials that are not owned or controlled by BoltDraft™ including, without limitation, the Social Media Websites and websites owned and/or operated by Third Party Content Providers. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products and/or services. If you access any third party website, service, product, information or content from the Site and/or App, you do so at your own risk and you agree that BoltDraft™ will have no liability arising from your use of, or access to, any third-party website, service, product, information or content.
THE BOLTDRAFT™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, BOLTDRAFT™ MAKES NO WARRANTY THAT THE BOLTDRAFT™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL FEATURE STATISTICS, CONTENT AND/OR LEADERBOARDS THAT ARE CURRENT, ACCURATE OR RELIABLE; (E) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; (F) WILL RESULT IN ANY ECONOMIC BENEFIT OR GAIN; AND/OR (G) WILL BE ACCURATE OR RELIABLE. BOLTDRAFT™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. BOLTDRAFT™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET AND/OR MOBILE CONNECTION ASSOCIATED WITH THE SITE AND/OR APP, AS APPLICABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOLTDRAFT™, ANY USERS, THIRD PARTY CONTENT PROVIDERS OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOLTDRAFT™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOLTDRAFT™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE BOLTDRAFT™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY ISSURE RELATED TO THE TIMELINESS, ACCURACY OR RELIABILITY OF STATISTICS, CONTENT AND/OR LEADERBOARDS THAT ARE MADE AVAILABLE IN CONNECTION WITH THE BOLTDRAFT™ OFFERINGS; (E) YOUR FAILURE TO REALIZE ANY ECONOMIC BENEFIT OR GAIN; AND (F) ANY OTHER MATTER RELATING TO BOLTDRAFT™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE BOLTDRAFT™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF BOLTDRAFT™ TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BOLTDRAFT™. ACCESS TO THE BOLTDRAFT™ OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH JURISDICTIONS, BOLTDRAFT’S™ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold BoltDraft™ its parents, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees and agents, harmless from and against any and all claims, lawsuits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses including, without limitation, reasonable attorneys’ fees, court cost, and other legal and accounting fees including costs of indemnifying third parties, defense of claims, suits or proceedings brought by third parties, in any way arising out of or related to: (a) your access to, or use of, the BoltDraft™ Offerings; (b) your breach of the Agreement; (c) any claim that BoltDraft™ owes any taxes in connection with your use of the BoltDraft™ Offerings; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 14 are for the benefit of BoltDraft™ its parents, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees and agents. To the fullest extent permissible by applicable law, each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
These Terms shall be governed by the laws of the State of New York, without regard to its conflict of laws principles.
Should a dispute arise concerning the BoltDraft™ Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution before a reputable arbitration organization as mutually agreed upon by the parties; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice; including Contact Information, Description of Dispute and Desired Outcome, to firstname.lastname@example.org. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration; including Name and Address of Initiating Party, Issue(s) of Dispute, Type and Amount of Damages Claimed, to email@example.com. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against BoltDraft™ and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that BoltDraft™ incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site or App, as applicable, whichever is earlier.
You agree that regardless of any statute or law to the contrary, any claim arising out of the BoltDraft™ Offerings or the Agreement must be filed within one (1) year after such claim arose
You are solely responsible for your interactions with other Users. BoltDraft™ reserves the right, but has no obligation, to monitor disputes between you and other Users.
All taxes associated with winning a Contest and/or receipt of a Prize are the sole responsibility of the applicable winner/Prize recipient. BoltDraft™ may contact you to obtain your Social Security Number or other personal information for tax purposes. Without limiting the foregoing, any request for withdrawal from your account that brings your total earnings (withdrawals less deposits) to an amount over Six Hundred Dollars ($600.00) for any calendar year will require that you provide us with a valid street address and Social Security Number prior to processing. This information will be used by us to file a form 1099-MISC at the end of the year.
If you bypass or disable any portion of the BoltDraft™ Offerings or associated software, or you attempt to circumvent or tamper with BoltDraft’s™ Contests or billing methods in any way, you are in violation of the Agreement and BoltDraft™ may suspend or terminate your account without notice. Termination of your account will not excuse you from any criminal or other civil liabilities that may result from your actions.
Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and BoltDraft™ and it governs your use of the BoltDraft™ Offerings. To the extent that anything in or associated with the BoltDraft™ Offerings is in conflict or inconsistent with these Terms, these Terms shall take precedence; provided, however, that with respect to any Contests, to the extent that anything in these Terms is inconsistent with the applicable Contest Rules and/or Contest Page Rules, those Contest Rules and/or Contest Page Rules, as applicable, shall take precedence. BoltDraft’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. BoltDraft™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without any notice to you. The Agreement, may not however, be assigned by you, and you may not delegate your duties or obligations under the Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
If you have any questions or concerns regarding the Agreement and/or the BoltDraft™ Offerings please e-mail us at: firstname.lastname@example.org; or send us mail to:
87 Indian Lake Road
Putnam Valley, NY 10579