These Terms of Use have been updated as of August 29, 2024, and supersede and replace all prior Terms of Use.

IMPORTANT NOTICE

THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 34.

Welcome to SuperDraft! SuperDraft is a fantasy sports platform that offers skill-based contests where you can put your skills and knowledge to the test for an opportunity to win pre-determined cash prizes (the “Contest”). Each fantasy contest lineup consists of a roster of athletes or players that accumulate statistics on behalf of your team to help you win your Contest. There is a range of different Contest types and lineup sizes you can choose to play; different Contests and lineup sizes correspond to different predetermined payouts. Before using SuperDraft, please take some time to carefully read our Terms of Use below (“Terms”).  Please read the following Terms of Use, the Privacy Policy, and the SuperDraft Fantasy Contest Rules carefully before using the services offered in connection with any SuperDraft services or website or application. You agree that your continued use or access of the site or services shall be subject to these Terms of Use, which further incorporate and include the Privacy Policy, and SuperDraft Fantasy Contest Rules.

While some additional definitions are provided below, the following words are used throughout the Terms. When we say “SuperDraft,” “we,” “us,” “our,” and/or “Company,” we mean SuperDraft, Inc. (“SuperDraft™”), collectively with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors. When we say “Site” we mean www.SuperDraft.io and any area available through that website or the App. When we say “App,” we mean the SuperDraft mobile application. When we say “Services,” we mean the fantasy sports services offered by SuperDraft, including any new features and applications, as well as the Site and App. When we say “User(s)” or “you,” we mean you, the user agreeing to these Terms.

1. THE SERVICE

SuperDraft™ will provide you with access to fantasy sports contests in which you must select a team of players through the use of your skill and knowledge of professional sports. For each contest, winners are determined by SuperDraft™ based on the ability to predict the performance of professional athletes over the course of multiple, real-world sporting events. SuperDraft™ shall have the sole discretion of determining its game rules and selecting winners of these contests. Further, SuperDraft™ shall be the sole arbiter of disputes over who wins each contest.

2. ACCEPTANCE OF TERMS

By accessing the Site and using any part of the Site or Service, you agree to be bound by these Terms. It is your responsibility to review these Terms regularly to determine whether they have changed. If you do not agree to all of the Terms, then you may not access the Site or attempt to use our Services.

3. TERMS REPRESENT ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and SuperDraft™ with respect to the Site, and these Terms supersede any prior agreements, oral or written, between you and SuperDraft™. A provision of these Terms may be waived only by written instrument executed by the party entitled to the benefit of such provisions. The failure of SuperDraft™ to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

4. MODIFICATION OF TERMS

SuperDraft™ reserves the right, at its sole discretion, to modify or replace the existing Terms of Service at any time. Should any change in Terms occur, you shall be responsible for reviewing and becoming familiar with any such modifications. Your continued use of the SuperDraft™ Site and Service upon any change or modification of the Terms constitutes your constructive acknowledgement and acceptance of these modifications.

5. USER ELIGIBILITY

SuperDraft offers different contests in different states based upon applicable laws and regulations, and the eligible states may change from time to time. Eligibility for SuperDraft contests is generally posted at https://superdraft.io/.

You consent to the monitoring and recording by SuperDraft, or a third-party provider acting on behalf of SuperDraft, of any fantasy sports contest entry communication and geographic location information.

By using our Site or Service, you hereby represent and warrant that you are a natural person (corporate entities and similar organizations are not eligible to use the SuperDraft™ Service) and you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms of Service and to abide by and comply with these terms.

By entering a Contest, you are further representing and warranting that all of the following are true:

1. You are the age of majority in your jurisdiction of residence (this is at least 18 in most states, 19 years of age in Nebraska, and 21 years of age for activities related to our services in Massachusetts).

    

2. You are a citizen or resident of the United States of America or Canada and you have an address in the United States of America. (For purposes of clarity, citizens and residents of Puerto Rico are not eligible).

    

3. You are physically located in the United States of America and reside in a jurisdiction in which participation in any contest you choose to participate in is allowed by applicable law.

    

4. You are not physically located at the time of entry in a Contest within any jurisdiction where SuperDraft is not available. Eligibility for SuperDraft contests is generally posted at https://superdraft.io.;

    

5. You are not listed on any U.S. or Canadian Government list of prohibited or restricted parties;

    

6. YOU ARE NOT A CITIZEN OR RESIDENT OF ANY OF THE FOLLOWING STATES: ALABAMA; ARIZONA; CONNECTICUT; COLORADO, DELAWARE; HAWAII; IDAHO; INDIANA; IOWA; LOUISIANA; MARYLAND, MAINE, MICHIGAN, MISSOURI; MISSISSIPPI, MONTANA; NEW HAMPSHIRE, NEW JERSEY, NEW YORK, NEVADA; OHIO, PENNSYLVANIA; TENNESSEE; VERMONT, OR WASHINGTON. IN ADDITION, YOU ARE NOT A RESIDENT OF PUERTO RICO.

    

7. You are either (a) not a principal, employee, officer, director, contractor or agent of SuperDraft™, nor are you an immediate family member of any officer, director, contractor or agent of SuperDraft™. The term “immediate family member,” as defined herein, shall include parents, children, spouses, siblings, or any other person residing in the same household of an officer, director, contractor, or agent, or, (b) you are a contractor for SuperDraft that has been granted express permission by SuperDraft to enter our contests based on your lack of regular access to non-public portions of our office and your lack of access to any other information on our computer network or otherwise that may affect gameplay.

    

8. You are not a professional or amateur athlete whose individual statistics or performance may be used to determine any part of the outcome of a fantasy sports contest, or a sports agent, team employee, referee, or league official associated with an athletic competition that is the subject of fantasy sports contests.

    

9. You will establish only one account to participate in the Services offered on the SuperDraft™ Site, and only you will operate the account.

    

10. You will abide at all times by these Terms and any other agreements between you and SuperDraft™.

     

11. You are not subject to backup withholding tax because: (a) you are exempt from backup withholding, or (b) you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified you that you are no longer subject to backup withholding.

     

12. If you are a resident of the State of Massachusetts, you have not attempted to deposit more than $1,000 in any calendar month onto the site (or, if in the future we create a protocol for temporarily or permanently increasing deposit limits of specific State of Massachusetts residents, you have not attempted to deposit more than $1,000 in any calendar month in a manner that violates such protocol).

If any of the above representations and warranties are not met, in addition to any other rights and remedies available under law or equity, SuperDraft™ reserves the right to suspend or terminate your account and to revoke or withhold the awarding of any prizes associated with your account.

Further, in the event that SuperDraft™ discovers that you have opened more than one account, in addition to any other rights that SuperDraft™ may have, SuperDraft™ reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the award of any prizes.

6. COPYRIGHT

All information, materials, functions, and other content (including User Content as defined in paragraph 10 below) provided on this Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no Content from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.

7. TRADEMARKS

Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on this Site are our registered and unregistered Trademarks and the Trademarks of our licensors. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site. Our Trademarks and those of our licensors may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

8. USE OF SITE AND SERVICE

We grant you a limited license to access and make personal use of the Site and the Service, subject to these Terms. Neither this Site nor any portion of this Site or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us in writing, except that where the Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you: (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services, or brands. We reserve the right to refuse services, and/or cancel orders at our discretion if we believe that user conduct violates applicable laws or is harmful to our interests.

In the event that we offer downloads of software from this Site and you download such software, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the Software to you. You may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form.

9. USER CONDUCT

As a condition of use, you agree not to use the Site or Service for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by SuperDraft™. By way of example, and not as a limitation, you agree to conduct yourself with good sportsmanship at all times, not to purchase multiple teams within a given contest unless the contest affirmatively allows for multiple entries by the same user, and not to engage in Collusion with other users to win any contest (the term “Collusion” shall include, but is not limited to, working together with another user to better any one entry at the expense of another).

In addition, you agree not to abuse, harass, impersonate, intimidate or threaten other SuperDraft™ users and employees; not to post or transmit, or cause to be posted or transmitted, any materials (“User Content”) that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, vulgar, or otherwise in violation of any law or right of any third party; not to use the Site for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws; not to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any SuperDraft™ user; not to create or submit unwanted email (“Spam”) to any other SuperDraft™ users; and not to infringe upon the intellectual property rights of SuperDraft™, its licensors, its users, or any third party.

Further, you agree not to submit comments discussing or linking to affiliate programs, multi-level marketing schemes, personal business ventures, or off-topic content; not to post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and not to use any robot, spider, scraper or other automated means to access the site for any purpose (except for RSS feed access) without our express written permission.

Finally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures SuperDraft™ may use to prevent or restrict access to the Site.

Violation of our rules may result in the removal of your content from the Site and/or the cancellation of your account. You acknowledge and agree that SuperDraft™ may remove any User Content and terminate any SuperDraft™ account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content). IN ADDITION, ANY ATTEMPT BY A USER TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF OUR CONTESTS IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT OCCUR, SUPERDRAFT™ RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT AVAILABLE BY LAW.

To report Terms of Service abuse, please contact us at support@superdraft.io.

10. USER CONTENT

You understand that all content created by users of either the Site or Service (“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 are entirely responsible for all User Content that you upload, post, share, email, transmit, or otherwise make available via the Site. Under no circumstances will SuperDraft™ be liable in any way for any User Content uploaded, posted, shared, emailed, transmitted or otherwise made available via the Site.

You acknowledge that SuperDraft™ may or may not pre-screen User Content, but that SuperDraft™ and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Content available via the Site. Without limiting the foregoing, SuperDraft™ and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable in SuperDraft™’s sole discretion. You understand that by using the Site, you may be exposed to User Content that you may consider offensive or objectionable. 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 Site.

With respect to User Content you submit or make available on the Site, you grant SuperDraft™ an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Content (in whole or in part) and to incorporate such User Content into other works in any format or medium now known or later developed.

You are solely responsible for your interactions with other users of the Site. SuperDraft™ reserves the right, but has no obligation, to monitor disputes between you and other users.

11. RIGHTS TO USE OF YOUR PERSONAL INFORMATION

By using this Site or Service, you agree to provide SuperDraft™ with a worldwide, non-exclusive, royalty-free, perpetual, transferable and non-revocable license to use, for any purpose, any information provided by you on our Site. Specifically, you consent to the use of your name, voice, likeness, and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other SuperDraft™ contests, unless otherwise prohibited by law.

Contest winners agree that, from the date of notification of their status as a potential winner, and continuing until such time when notified that they no longer need to do so, they will make themselves available to SuperDraft™ for publicity, advertising and promotional activities relating to any contest in which they participate.

12. REGISTRATION FOR ACCOUNT

In order to use our Site or Service, you must register for an account. By registering as a user, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and to maintain and promptly update the Registration Data to keep it accurate, current and complete. Furthermore, you will not take any steps to mask your identity, location or demographic information. If you provide any information that is inaccurate, not current or incomplete, or SuperDraft™ has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, SuperDraft™ may deny you access to areas requiring registration, at its sole discretion.

13. ACCOUNT PASSWORD AND SECURITY

At the time of registering for an online account, you must provide a valid email address and supply a username and password to be used in conjunction with your account. Many portions of the Site require registration for access. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all uses of your username and password, whether by you or others. You agree to (a) keep your username and password confidential and not share them with anyone else; (b) immediately notify SuperDraft™ of any unauthorized use of your username and password or account or any other breach of security; and (c) use only your username and password to access the Site’s Restricted Areas. IF THERE IS UNAUTHORIZED USE OF YOUR ACCOUNT, YOU WILL BE LIABLE FOR THE LOSSES INCURRED BY YOURSELF, SUPERDRAFT™ AND OTHERS DUE TO ANY UNAUTHORIZED USE.

14. USER ACCOUNT FUNDS AND WITHDRAWALS

By creating an SuperDraft Account, you agree to provide us with a valid mailing address, date of birth, and Social Security number as well as any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you.

Your participation in Contests, your ability to create or maintain and Account with us and your access to the Services are at all times subject to SuperDraft’s existing policies and procedures for verification, including any age, location, or identity verification methods employed by SuperDraft or its third party providers. While your Account is pending verification, SuperDraft reserves the right in its sole discretion to prohibit you from depositing funds into your Account. You may not be able to participate in any Contests until verification of your Account or identity is complete. If we are unable to verify your Account or identity at any point, we reserve the right in our sole discretion to terminate or suspend your Account and withhold any funds until such time as we have been able to successfully verify you.

If you participate in Contests, all Fantasy Prize Winnings you obtain will be added to your SuperDraft Account balance, and such funds will be held in a separate, segregated bank Account. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and SuperDraft may not use them to cover its operating expenses or for other purposes. Your withdrawals of Fantasy Prize Winnings will be made from this segregated bank Account, and any checks or other payments issued from that Account may bear the name of SuperDraft’s subsidiary.

You can view your fantasy contest player activity, Account statement, contest history in the transaction history section of your SuperDraft Account. Account activity and winnings may be disclosed to any applicable state or federal entities. SuperDraft reserves the right in its sole discretion to limit the time period covered by, or access to, the Account history information to the minimum time period permissible under applicable law or regulation.

SuperDraft will endeavor to process withdrawal requests as fast and efficient as possible, typically within 10 business days after the request is received. We also may conduct checks for Terms compliance, including anti-fraud checks on playing and Services usage patterns prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your Account and withdraw your Account balance at any time and for any reason.

SuperDraft may limit the amount of entry fees that a user can pay in accordance with state-imposed deposit limits and/or based on liability risk to our business. Determination of unacceptable liability risk to us for the purpose of this Rule is at our discretion.

Generally, all deposit bonuses and promotions may occur from time to time and shall, in addition to these Terms, be subject to the posted rules for such bonuses and promotions, which may change from time to time. The rules for bonuses and promotions are currently located at https://superdraft.io/.

15. DEPOSIT MATCH FANTASY BONUS PROMOTION

1. 1. Description of a Promotion
      Welcome to the Deposit Match Bonus promotion (the “Promotion”), where participants will receive promotional credit(s) equal to the amount of a deposit as described in the Advertisement for a Promotion (as defined at the time of offer) (“Promotion Bonus”).
      
      All Promotions are sponsored by SuperDraft. The terms “you” or “your” mean the person to whom a Promotion Bonus is issued upon satisfaction of the terms and conditions set forth herein. Redemption of a Promotion is expressly conditioned upon acceptance of and compliance with all of these Promotion Terms (“Promotion Terms”). Promotion participants may be required to sign paperwork issued by the Sponsor.
      
      Sponsor expressly reserves the right to amend, suspend or terminate a Promotion at any time without prior notice or consent. Administration of a Promotion is at the sole discretion of the Sponsor.
      
      As used in the Promotion Terms, “Advertisement for a Promotion” means the description of a promotion presented to the participant at the time immediately prior to entering a Promotion or the code presented to the participant and used to enter a Promotion, whichever provides for a lower Promotion Bonus, which may include but is not limited to, an advertisement on radio, podcast, social media, by email or direct communication, a website or web browser, within the SuperDraft Fantasy app (whether on Android, iOS, or otherwise), or in any other manner of presentment, regardless of whether other advertisements provide for different Promotion Bonus amounts. SuperDraft expressly reserves the right to present Promotion Bonus amounts to customers in its sole discretion, and to present Promotion Bonus amounts to customers in different amounts for any reason whatsoever, including based upon the manner of the Advertisement for a Promotion.

       

   2. Promotion Period
      A Promotion begins and ends as described in the Advertisement for the Promotion. For purposes of a first-time deposit, the Promotion Period begins when the qualifying deposit is successfully made.

       

   3. Eligibility
      Promotions are only open to individuals who (i) are at least 18 years of age (or 21+ in Massachusetts and Canada); (ii) are physically present in a state where SuperDraft operates; and (iii) are not enrolled in any self exclusion program during a Promotion Period. SuperDraft reserves the right to refuse or otherwise restrict your eligibility to participate in any promotion, for any reason, in its sole discretion, including based on your contest patterns or contest history or if you failed to take advantage of any previous promotion in good faith. The invitation to participate in a Promotion is not transferable. If you were not directly invited to participate in a Promotion by the Sponsor, you are not eligible to participate in a Promotion or earn any Promotion Bonus. Duplicate accounts will be flagged and promotional credits, including any Promotion Bonus will be forfeited, in addition to other adverse action consistent with these Terms of Use and other applicable terms.
      
      Any questions relating to eligibility, these Terms of Use or any other questions concerning a Promotion will be resolved at the sole discretion of the Sponsor and its decisions will be final and binding with respect thereto.
      
      Any participant who is found to be ineligible to play SuperDraft immediately forfeits any promotional credit(s), including a Promotional Bonus, and any other bonus cash, award, or offer associated with the Promotion.

       

   4. How to Enter
      Eligible SuperDraft customers must first successfully create a SuperDraft Account and then make a deposit of Ten Dollars ($10) or more to their SuperDraft Account (“Deposit”). After successfully completing these steps, the customer will be eligible to receive a Promotion Bonus, which is a deposit match in promotional credits on a Deposit up to the amount described in the Advertisement for said Promotion. The Deposit must be a standalone minimum deposit of Ten Dollars ($10) or more into your SuperDraft Account. The Promotion Bonus will be paid in promotional credits called SuperCash.

       

   5. Claiming Promotion Bonus
      The Promotion Bonus will be credited to your SuperDraft Account within seventy-two (72) hours of resolution of your Deposit. Promotion Bonus recipients will be solely responsible for all federal, state, and local taxes, and for any other fees or costs associated with any Promotion Bonus received, regardless of whether the Promotion Bonus, in whole or in part, is used. The Promotion Bonus value may be reported for tax purposes as required by law. For purposes of these terms, a “promotional credit” means a dollar equivalent available to the customer as a substitute for entry fees into Contests; promotional credits are not cash, cash equivalents, or any other tangible or intangible property of the customer unless and until the playthrough requirements of the Promotion are met.

       

   6. Registration Procedures
      To qualify for a Promotion, you must have an active SuperDraft Account and verify your identity in order to play on the SuperDraft Platform. By submitting your information and creating a SuperDraft Account, however, customers will be required to agree to these Terms of Use, Privacy Policy and all other applicable terms and conditions. If you do not agree to these Terms of Use and Privacy Policy, you cannot create a SuperDraft Account or participate in a Promotion.

       

   7. Limitations on Participation
      In addition to the Eligibility Requirements, Sponsor reserves the right to refuse or otherwise restrict your eligibility to participate in any promotion for any reason, in its sole discretion, including based on your contest patterns or contest history or if you failed to take advantage of any previous promotion in good faith. A Promotion is void where prohibited by law.

       

   8. Order of Funds Used for Contests
      A Promotion Bonus is non-withdrawable but any winnings from Contests entered using a Promotion Bonus and other available promotional credits are immediately withdrawable. When a SuperDraft Account has both Promotion Bonus/promotional credits and customer-deposited funds, the customer-deposited funds are applied to entry fees before promotional credits.

       

   9. Restrictions on Withdrawal
      The Promotion has a turnover (i.e., playthrough) requirement of 1x the Deposit plus the Promotion Bonus amount. For example, if a customer’s Deposit is $100, and the customer receives $50 as a Promotion Bonus (amount dependent on the Advertisement for a Promotion), the customer must play $150 in entry fees in SuperDraft Contests before being able to withdraw any portion of the Deposit.
      
      THE PROMOTION BONUS MAY BE FORFEITED IF THE PLAYTHROUGH REQUIREMENT IS NOT FULLY MET WITHIN SIXTY (60) DAYS OF THE PROMOTION BONUS BEING ISSUED (“TURNOVER PERIOD”). SuperDraft may reclaim the forfeited Promotion Bonus at any time after the sixty (60) day Turnover Period has ended, without further notice to the customer. SuperDraft does not waive the right to reclaim promotional credit, including a Promotion Bonus by not automatically reclaiming forfeited funds at the end of the sixty (60) day Turnover Period, or at any time thereafter. Customers must comply with the cancellation section below if they do not plan on meeting the turnover/playthrough requirement to avoid forfeiture of the Promotion Bonus.
      
      Any winnings that accrue during the Turnover Period may be withdrawn. For example, if a customer’s Initial Deposit is $10, the customer receives $10 as a Promotion Bonus, pays $10 in entry fees and wins $30, the customer may withdraw the amount won while the remaining promotional credit amount remains ineligible to be withdrawn until the turnover requirements have been met. Sponsor reserves the right in its sole discretion to permit withdrawal of any portion of the Initial Deposit upon a customer’s request.
      
      The Promotion Bonus is not transferable and cannot be substituted except in the Sponsor’s sole discretion.

       

   10. Cancellation
       Should you wish to cancel your participation in a Promotion at any time, please contact customer support at support@superdraft.io. Upon cancellation, you may withdraw any funds you have deposited into your SuperDraft Account without restriction. However, any Promotion Bonus or promotional credit in your account is non-withdrawable. Sponsor reserves the right to decline to cancel participation in the Promotion in its sole discretion.
       
       Sponsor is not responsible, and shall have no liability, for any errors or omissions in any advertising for a Promotion nor shall the Sponsor be liable for computer, device, or program malfunctions. The Sponsor is not liable for any erroneous issuance of Promotion Bonuses.

16. GAME RULES

1. 1. SuperDraft Fantasy: Rules
      Each Contest is governed by the SuperDraft Contest Rules (“Rules”), including with respect to scoring, controls, and guidelines for that Contest, which shall be posted on the Site or Application. You agree that you shall be subject to the Rules in effect at the time of entry of a Contest. Such Rules shall be deemed incorporated and part of these Terms and you agree that you shall comply with them in respect of each individual Contest which you choose to enter.

       

   2. Entry Requirements
      Contests may require an entry fee or offer a prize. Each Contest that has an entry fee will display the entry fee in US dollars. When you opt to participate in a Contest with an entry fee, you will need to pay the required entry fee. Then, follow the links and instructions provided for entry.
      
      In the event of a dispute regarding the identity of the person participating in a Contest, the entry will be deemed submitted by the person in whose Username the entry was submitted, or if possession of the Username itself is contested and in SuperDraft’s opinion sufficiently uncertain, the name in which the email address on file was registered with the email service provider. For Contests, SuperDraft reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.

       

   3. Contest Term
      SuperDraft offers “Daily” Fantasy Contests for League and Association games generally taking place on a single day. The duration of each Contest may be found on the Lobby tab of the mobile app and on each Contest page.

       

   4. Prizes
      After each Contest ends, the tentative winners are announced (generally by the following day) but remain subject to final verification. The players in each Contest who accumulate the most fantasy points and comply with eligibility requirements and applicable rules will win prizes as set out in the posted Contest details. Fantasy Prize Winnings are added to the winning player’s Account balance once confirmed and verified by SuperDraft. In the event of a tie, the distribution of prizes will depend on the applicable provisions of the Rules.
      
      SuperDraft offers a number of different types of Contests. For each Contest, we announce any applicable entry fees and/or prizes in advance on the Lobby tab of the mobile app and on the Contest page. For a summary of entry fees and prizes for currently open Contests please login and visit the Lobby tab.
      
      Prize calculations are based on the results as of the time when final scoring is tabulated by SuperDraft. Once winners are initially announced by SuperDraft, the scoring results will not be changed in light of official adjustments made by leagues or associations, including but not limited to the NFL, NBA, MLB, NHL, PGA, or NCAA, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. We also may make adjustments in the event of noncompliance with the Terms. SuperDraft has no obligation to delay the awarding of a prize in anticipation of any adjustment, and we reserve the right to reverse payments in the event of any adjustment. You agree to cooperate with our efforts to reverse payments. In short, you agree that the final decision and determination of the winner(s) of the Contest shall be subject to the sole discretion of SuperDraft.
      
      No substitution or transfer of a prize is permitted. The winner is solely responsible for all taxes associated with the receipt or use of any prize. In the event that the awarding of any prizes to winners of the Contest is challenged by any legal authority, SuperDraft reserves the right in its sole discretion to determine whether or not to award or adjust such prizes. In all disputes arising out of the determination of the winner of SuperDraft Contests, SuperDraft is the sole judge and its actions are final and binding in its sole discretion.

       

   5. Notification
      Winners are generally posted on the Site after the conclusion of each Contest by 1:00 PM ET on the following day. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Failure to comply with this requirement can result in disqualification. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner.

17. COMMUNICATIONS AND DISCLOSURES

As a result of your registration for the Service, you may receive certain commercial communications from SuperDraft™. You understand and agree that these communications are part of your registration, and that you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to support@superdraft.io.

You acknowledge, consent and agree that SuperDraft™ may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce these Terms of Service; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of SuperDraft™, its Users and the public.

18. RESPONSIBLE GAMING & SELF-EXCLUSION

SuperDraft offers tools to encourage responsible player behavior. We also allow third parties, who have concerns about a player’s ability to manage his or her play, to contact customer service to make a report regarding that player’s participation in SuperDraft Contests. SuperDraft, in its sole discretion, may exclude individuals from using the Platform. Please see SuperDraft’s Responsible Gaming Page for more information and resources.

Self-Exclusion. SuperDraft offers you options to set responsible limits. If, at any point, you think you are depositing too much money, entering too many contests, or spending too much on entry fees, you have the option of setting responsible gaming limits. Setting responsible limits allows you to still play, however, within the parameters that you set for yourself. SuperDraft also provides customers the ability to self-exclude directly from the product. You may also terminate your Account at any time.

How to Enroll in Self-Exclusion. If you wish to review and select limits or other Self-Exclusion options, you may access these options while logged in to your Account. Please find and select the “Responsible Gaming” section within your Account from the SuperDraft Site. If you need assistance finding the information for any reason, please email customer service at support@superdraft.io.

Individuals who enroll in self-exclusion, or are otherwise excluded from the use of the Platform, are prohibited from collecting any winnings, recovering any losses, or accepting complimentary gifts or services or any other thing of value from a licensee or operator. All winnings awarded during the exclusion period are forfeited. Contest entries that are in progress, or pending, when self-exclusion enrollment, or exclusion, occurs will be withdrawn or cancelled, and the corresponding entry fees will be refunded to the individual. A contest that has been submitted and accepted by SuperDraft will be considered active and awarded or forfeited as previously stated. Any deposit left in your Account at the time of enrollment or exclusion will be refunded to you within five (5) business days. During the exclusion period an excluded user may not open another Account, deposit any funds, enter any contest, win any prizes, or receive any bonus or other reward, and any such funds deposited or awarded during the exclusion period will be voided and not returned to the excluded user.

When enrolling in self-exclusion you agree to release all of the following from harm, monetary or otherwise, that may arise as a consequence of the self-exclusion;

• The State, and/or jurisdiction which oversees the regulations of the state you are located in.
• The board or commission of the state you are located in.
• SuperDraft, its subsidiaries, officers, directors, employees, and agents.

Please contact SuperDraft support at support@superdraft.io with any questions or concerns. SuperDraft further reserves the right to terminate or suspend the Account of any user suspected or reported as being unable to properly manage their use of the Services.

19. DISQUALIFICATION OF USERS

SuperDraft™, in its sole discretion, may disqualify any entrant from the Site or Service, refuse to award fantasy points or prizes and require the return of any prizes, if an entrant engages in conduct SuperDraft™ deems to be improper, unfair or otherwise adverse to the operation of the Site or Service or in any way detrimental to other entrants. Improper conduct includes, but is not limited to: falsifying personal information required to use the Service or to claim a prize; accumulating, or attempting to accumulate, points or prizes through unauthorized methods such as automated scripts or other automated means; tampering with the administration of the Service or trying to in any way tamper with the computer programs associated with this Service; obtaining other entrants’ information and spamming other entrants; engaging in Collusion with other contest participants; abusing the SuperDraft™ Site in any way; or using language that in the sole discretion of SuperDraft™ is deemed offensive, intimidating, or in violation of the spirit of building a healthy and friendly fantasy sports environment. You further acknowledge that the forfeiture and/or return of any prize shall in no way prevent SuperDraft™ from pursuing criminal or civil proceedings in connection with such conduct.

20. TECHNICAL MALFUNCTIONS AND INFORMATION INACCURACY

You will not hold SuperDraft™ or its partners responsible for: any incorrect, invalid or inaccurate entry information; any incorrect, invalid or inaccurate player eligibility information that appears on our Site including, but not limited to, any inaccuracies related to player health status, player injury status, player vaccination status, player roster status, player suspension status or any other factor pertaining to a player’s ability to partake in a given real-world event; any incorrect, invalid or inaccurate player statistical information (past or present); human errors; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, latency, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to, software and operating systems that do not permit an entrant to participate in the Service), including without limitation any injury or damage to any entrant’s or any other person’s computer equipment relating to or resulting from participation in the Service; inability to access the Site, or any web pages of SuperDraft™; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any Service provider’s facilities, or any Site for any other reason whatsoever; typographical, printing or other errors; or any combination thereof

SuperDraft™ and any partners are also not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason the Service is not capable of running as originally planned, as well as if the Site or Service becomes corrupted or does not allow for the proper usage and processing of entries in accordance with the rules, or if infection by a computer (or similar) virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of SuperDraft™ corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service, SuperDraft™ reserves the right, in its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the Service, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the SuperDraft™ Site.

From time to time servers may overload and data may be lost. SuperDraft™ assumes no responsibility for the occasional loss of data, irrespective of whether this loss is temporary or permanent in nature.

The failure of SuperDraft™ to comply with any provision of these rules due to an act of god, hurricane, war, fire, riot, pandemic or endemic, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of SuperDraft™ (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these terms.

21. BANK TRANSFERS

All funds may only be withdrawn in USD. At this time, we cannot process ACH transfers to banks outside of the US, including transfers to Canadian banks. If you only bank with institutions outside the US, you may contact support and request to be mail a paper check issued in USD.

22. TAXATION

In early January of each year all winners who have won $600 or more (net of all entry fees) over the previous year will be contacted to provide address and social security number details. These details will be used to file a 1099-MISC with the Internal Revenue Service. Paying local, state, and federal taxes on prize winnings shall be the sole obligation of each user. SuperDraft™ is not responsible for withholding, and shall not withhold or deduct from your prize winnings, if any, FICA or taxes of any kind.

23. NON-AFFILIATION WITH ANY SPORTS LEAGUE OR PLAYERS ASSOCATION

SuperDraft™, as well as its Site and Service, is not in any way affiliated with any professional or amateur sports league, or with any players association or collection of players. The use of players’ names in conjunction with their statistics in our contests is intended for informational purposes only and should not be construed as an endorsement of our contests.

24. INDEMNITY

BY USING THE SITE, THE SUPERDRAFT™ SERVICE, OR ACCEPTING ANY PRIZE, YOU AGREE TO RELEASE AND TO HOLD HARMLESS SUPERDRAFT™ AND EACH OF ITS SUBSIDIARIES, AFFILIATES AND AGENCIES, AS WELL AS THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS AND REPRESENTATIVES OF ANY OF THE FOREGOING ENTITIES FROM ANY AND ALL LIABILITY, CLAIMS OR ACTIONS OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, FOR INJURIES, DAMAGES OR LOSSES TO PERSONS AND PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH PARTICIPATION IN THE SERVICE, THE RECEIPT, OWNERSHIP, USE OR MISUSE OF ANY PRIZE AND CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY.

25. NO WARRANTIES

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SUPERDRAFT™ DISCLAIMS ALL WARRANTIES–STATUTORY, EXPRESS OR IMPLIED–INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” 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 SUPERDRAFT™ HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING: WHICH USERS GAIN ACCESS TO THE SITE OR USE THE SITE; 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 SUPERDRAFT™ FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICE OR THE SITE. THE SITE MAY CONTAIN OR DIRECT YOU TO SITES CONTAINING INFORMATION THAT SOME PEOPLE MAY FIND OFFENSIVE OR INAPPROPRIATE. SUPERDRAFT™ MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SITE AND SUPERDRAFT™ WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SITE.

INDIVIDUALS ENTERING INTO CONTESTS ON OUR SITE MUST CONDUCT THEIR OWN DUE DILIGENCE WHEN SUBMITTING THEIR ENTITRIES AND MAY NOT RELY ON ANY INFORMATION ABOUT PLAYER HEALTH STATUS, INJURY STATUS, VACCINATION STATUS, ROSTER STATUS OR PAST STATISTICAL PERFORMANCE THAT MAY BE APPEAR ON OUR SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICE IS DONE AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF DOWNLOADED MATERIAL.

26. LIMITATION ON LIABILITY

YOU UNDERSTAND AND AGREE THAT, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, SHALL SUPERDRAFT™ 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 (EVEN IF SUPERDRAFT™ HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SUPERDRAFT™’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SUPERDRAFT™ FOR GENERAL USE OF THE SITE DURING THE TERM OF YOUR REGISTRATION FOR THE SITE, NOT INCLUDING ANY ENTRY FEES FOR CONTESTS COMPLETED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM. THIS LIMITATION ON LIABILITY SHALL EXTEND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS.

27. OUR PROPRIETARY RIGHTS

All title, ownership and intellectual property rights in and to the Site are owned by SuperDraft™ or its licensors. You acknowledge and agree that the Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by SuperDraft™, you agree not to modify, rent, lease, loan, sell, publicly display, distribute or create derivative works based on the Site, in whole or in part.

28. LINKS TO THIRD PARTY SITES

The Site provides, or third parties may provide, links to other World Wide Web sites or resources, including, but not limited to, third party advertisers. Recognizing that SuperDraft™ has no control over such sites and resources, you acknowledge and agree that SuperDraft™ is not responsible for the availability of such external sites or resources, and does not endorse 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 SuperDraft™ 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. 

ACCESS AND USE OF THIRD PARTY SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES OF THIRD PARTY SITES OR AVAILABLE THROUGH THIRD PARTY SITES IS SOLELY AT YOUR OWN RISK.

29. TERMINATION

SuperDraft™ may terminate or suspend the Site and any and all Services and your SuperDraft account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Site will immediately cease, and all rights under this contract shall cease other than those deemed to survive termination under Section 33 of the Terms. If you wish to terminate your SuperDraft account, you may simply discontinue using the Site or contact us with notice saying you wish to terminate your account. If you contact us expressing the desire to permanently close your account, we will do so in a timely fashion. The best way to contact us about terminating your account is by emailing us at support@superdraft.io.

In addition, if you are the parent or guardian of a minor who you believe has accessed our site, we will close that account. The best way to contact us about terminating such an account is by emailing us at support@superdraft.io.

30. DORMANT AND NON-DEPOSITING ACCOUNTS

1. Definition of Dormant Accounts: An account will be classified as “Dormant” if there has been no contest-related activity by the account holder for twelve (12) or more consecutive months.

    

2. Service Fee on Dormant Accounts: In line with regulatory guidelines, customer accounts that have been dormant for more than 12 consecutive months will be charged an account service charge of $6.00 for each month of inactivity.

    

3. Forfeiture of Bonuses and Winnings: Any bonuses or earnings resulting from bonus wagers will be forfeited and removed from customer/user accounts that have not received a deposit within a period of sixty (60) days from the date of account creation.

    

4. Expiration of Promotional Funds: All promotional assets and funds, including but not limited to tickets, SuperCash, and any other added funds, may be forfeited if not used within a sixty (60) days beginning from the date they were earned or issued.

31. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms of Service. This means, among other things, that you agree, to the full extent permissible by law, no third party shall have any rights to bring claims arising out of these Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.

32. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

SuperDraft™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you are a copyright owner, or an agent of a copyright owner, and believe that any content infringes upon your copyrights, you may submit notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Copyright Agent, with the following information in writing (see 17 USC 512(c)(3)): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

SuperDraft™ has designated Copyright Agents. To report claimed infringement contact support@superdraft.io.. Only DMCA notices should be sent to the Copyright Agent. Any other communications should be directed to the appropriate channels as indicated by clicking on the “Contact Us” link.

33. CHOICE OF LAW

The Federal Arbitration Act shall govern all matters related to arbitration. Otherwise, you agree that any claim you may have against SuperDraft™, irrespective of whether the claim that is brought arises under contract, tort or other legal theory, shall be interpreted exclusively under the law of the State of New York. No user of this site, successor in interest, or any other party seeking to bring suit on behalf of the interests of a user may attempt to argue any state law claims under any theory other than the State of New York. THIS CHOICE OF LAW CLAUSE SHALL APPLY WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES AND IRRESPECTIVE OF THE UNDERLYING CAUSE OF ACTION.

34. 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:

Any controversy or claim arising out of, in connection with, or in any way relating to the Terms, with the exception of those controversies or claims specifically excluded in the following paragraph, shall be settled by a single arbitrator from the American Arbitration Association (“AAA”), in connection with AAA rules. 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 these Terms, including, but not limited to any claim that all or any part of these Terms are 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. Any such arbitration shall be held within a fifty mile radius of Salem, New Hampshire.

You and SuperDraft™ agree that the following types of disputes are not subject to this binding arbitration provision: (1) any disputes seeking to enforce or protect, or concerning the validity of either any of your intellectual property rights or SuperDraft™’s intellectual property rights; (2) any claim for injunctive relief; and (3) any type of dispute that is not eligible for arbitration based upon the applicable law of New York as governs these Terms.

The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.

In addition, you and SuperDraft™ 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 SUPERDRAFT™ 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: support@superdraft.io. The notice must be sent within 30 days of your first use of the Service. Otherwise you shall be bound to arbitrate disputes. If you opt-out of these arbitration provisions, SUPERDRAFT™ also will not be bound by them.

SUPERDRAFT™ will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day.

35. FORUM SELECTION

For any dispute not subject to arbitration, or where no election to arbitrate has been made, you and SuperDraft™ agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located within a fifty mile radius of Salem, New Hampshire. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.

36. WAIVER AND SEVERABILITY AND TERMS

The failure of SuperDraft™ 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 a court of competent jurisdiction to be invalid, the parties nevertheless agree that the 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.

37. ASSIGNMENT

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by SuperDraft™ without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be deemed void. In addition, you agree that to the fullest extent permissible by law, no third party shall have any rights to bring claims arising out of this Terms of Service on your behalf or to claim for themselves rights that are afforded to you under this agreement.

38. NO AGENCY

You agree that no joint venture, partnership, employment, or agency relationship of any kind exists between you and SuperDraft™. YOU FURTHER ACKNOWLEDGE THAT BY SUBMITTING USER CONTENT TO SUPERDRAFT™, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND SUPERDRAFT™.

39. 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 Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

40. HEADINGS

The headings and section titles in the Terms are for convenience only and have no legal or contractual effect.

41. SURVIVAL

The following sections of these Terms shall survive the termination of the Terms and/or your account, irrespective of whether terminated by you or SuperDraft™: Sections 5, 6, 7, 8, 10, 11, 16, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 32, 34 and 36.

42. CONTACTING US

You may contact us regarding these Terms of Service or the Site at support@superdraft.io