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Company Terms of Service (the “Terms”)

Last Updated: December 25, 2024
Please read these Terms to learn the rules and obligations governing your use of the Services. If you have any questions about these Terms or the Services please contact Draftboard at legal@draftboard.com.

About Draftboard & Company Terms

Draftboard Inc. (“Draftboard” “us” “we” or “our”), through its website located at www.draftboard.com (the “Site”), enables companies looking to source introductions to their prospects (“Companies” and such prospects, “Prospects”) to offer and pay bonuses for said introductions. Users who agree to make these introductions after being notified by Draftboard or signing up on the Draftboard site (“Connectors”) are then eligible to make the requested introductions and be paid a fee (a “Bonus”) upon an introduction leading to a meeting or call (“Live Interaction”) with a Prospect. If a Company has a Live Interaction with a Prospect that a Connector facilitated, the Company will pay the Bonus to Draftboard plus any associated service fee (“Transaction Fee”), and Draftboard will then subsequently remit the appropriate amount of the Bonus to the Connector who facilitated the introduction.

This document outlines the terms pursuant to which a Company (“you” or “your”) is permitted to use our Site, platform and services (all together the “Services”) to source introductions to your Prospects via Connectors. Subject to our approval, you may register through the Services to become a Company and be authorized to list Prospects via the Services for which Connectors may make introductions to Prospects.

1. Your Agreement to the Terms

By using our Services, you agree to be bound by the Terms as well as Draftboard’s Privacy Policy, available at https://www.draftboard.com/privacy-policy (the “Privacy Policy”). If you don’t agree to the Terms, you are not permitted to use the Services. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you”, “your”, and the term “Company” will refer to that company or other legal entity.

2. Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion, by posting the modified Terms on the Site. We will notify you of any changes to the Terms that we consider to be material modifications by sending an email to the email address affiliated with your Draftboard account. It’s important that you review the Terms on a regular basis. You hereby agree that your continued use of the Services after we’ve posted modified Terms on the Site shall indicate and constitute your agreement to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may no longer use the Services. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

3.Who May Use the Services

a.

Eligibility. You may use the Services only if you are 18 years or older, capable of forming a binding contract with Draftboard and are not barred from using the Services under applicable law.

b.

Compliance with the Terms. Your right to access and use the Services is conditional upon your compliance with the Terms.

c.

Registration and Your Information. If you want to become a Company and to access and use the Services in order sources introduction to Prospects, you’ll have to create a Draftboard account (“Account”) for your business. You can do this via the Site. When you register, we’ll ask that you provide us with certain information such as name or company name, as applicable, email address to be used for contact, and any other information as may be requested by Draftboard. We’ll use this information to administer the Account and to otherwise provide the Services to you.

d.

Authorized Users. Subject to the restrictions set forth herein, if the Account is being created on behalf of a legal entity, you may grant access to the Services to your employees and independent contractors, who may only access and use the Services on your behalf for the sole purpose of performing their job functions or services on your behalf (“Authorized Users”). You will not share your login credentials or password with anyone other than an Authorized User. YOU ACKNOWLEDGE AND AGREE THAT YOUR AUTHORIZED USERS’ USE OF THE SERVICES IS SUBJECT TO THESE TERMS, AND THAT YOU ARE DIRECTLY RESPONSIBLE TO US FOR ENSURING THAT YOUR AUTHORIZED USERS AGREE TO, AND COMPLY WITH, THESE TERMS AND OUR PRIVACY POLICY, AND USE THE SERVICES SOLELY AS EXPRESSLY PERMITTED BY AND IN ACCORDANCE WITH THESE TERMS.

e.

Accurate Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree to notify us immediately of any unauthorized use of your Account. You accept full responsibility and liability for all activities that occur under your Account.

4. Understanding The Services

a.

How to Use the Services. During the registration process you will be asked to provide a list of your Prospects, either in text or via uploading a file, and some other information relevant to your campaign. Once you create an account, finalize your campaign, and complete the subscription payment, Draftboard will map potential introduction paths to your Prospects. Draftboard will then evaluate and score these paths in order to identify which one(s) to pursue, and in which order. Draftboard will then reach out to these potential Connectors on your behalf asking if they are open to making an introduction. Draftboard will handle the entire email exchange process with the potential Connector, and then once the Connector has secured the Prospect’s approval for an introduction, Draftboard will supply the Connector with the email address you specified in the campaign setup. The next step consists of the Connector making an introduction between you, the Company, and the Prospect. At that point, it is your responsibility to complete the scheduling of a Live Interaction. Once that Live Interaction takes place, we will charge the amount of the Bonus to the credit card on file. 

b.

Understanding Draftboard’s Role. Draftboard and the Services act only as an interface to facilitate – not to direct or control – communications and interactions among Connectors, Prospects, and Companies. Draftboard is not a party to any relationship or separate agreement entered into among Connectors, Prospects and Companies, and Draftboard disclaims any and all liability relating thereto. Any successful business relationship between a Prospect and a Company involves a direct relationship between the Prospect and the Company.

d.

Your Relationship with Draftboard. By using our Services, you agree that: (a) you and your Authorized Users are not employees, agents or contractors of Draftboard; and (b) Draftboard is not required to provide you or any of your Authorized Users with workers’ compensation, unemployment insurance or disability benefits, minimum wage or overtime pay, or any other employee wages and benefits.

5. Data Access & Privacy Policy

a.

Prospect List. For the Services to function as advertised, it is necessary for a Company to upload their Prospect list to Draftboard. A Company’s Prospect list is not shared with any third parties; individual Connectors will know that a Company desires to meet a certain Prospect by virtue of the outreach made to them, but they have no ability to view any portion - let alone the entirety - of any Company’s Prospect list. We take very seriously the privacy and security of a Company’s Prospect list. 

b. 

Calendar & Email Integration

i.

Meeting Tracking. When you register for Draftboard you are required to connect a calendar. The purpose of this connection is to allow Draftboard to seamlessly & automatically know when a Live Interaction with a Prospect has been scheduled, cancelled, postponed and held. This ensures that Companies are appropriately invoiced, that Live Interaction Status is appropriately updated, and that Connectors are appropriately paid. When Draftboard notices a calendar that is likely to be an eligible Live Interaction, you will receive a notification - if it is a case of mistaken identification, simply let Draftboard know so that the system is updated properly. We do not store or keep records of any non-Draftboard-related calendar events, and we do not share your Draftboard-related calendar information with any third parties, except as necessary for the functioning of the product (for example, we let Connectors know when a meeting with a Prospect that they facilitated has been scheduled). 

ii.

Intro Status. Via the above-mentioned integration, Draftboard will also be notified automatically when a Connector makes an email introduction between a Prospect and a Company. This is done solely for the purpose of tracking the status of introductions. We do not store or keep records of any non-Draftboard-related emails, and we do not share your Draftboard-related emails with any third parties, except as necessary for the functioning of the product. 

iii.

Consent. By using the Services, you consent to Draftboard accessing and making use of the data and information available in your email and calendar as indicated above.

b.

Personal Information & Privacy. For information on how Draftboard collects, uses and discloses personal information, please see our Privacy Policy at https://www.draftboard.com/privacy-policy.

c.

Confidentiality Requirement. As part of the Services, you will be introduced to Prospects by Connectors. You hereby undertake not to disclose to Prospects: (i) that the Connector is being paid for the Live Interaction (unless given explicit permission by the Connector, (ii) and what the Bonus amount of any payment to the Connector is.

6. Payment Terms

A.

Subscription

All Customers will need to be enrolled in an active Subscription in order for Draftboard to deliver the Services. With an active Subscription, Draftboard will source, map and reach out to potential Connectors, and engage with them to facilitate introductions that lead to Live Interactions. Once an account’s subscription is no longer active - due to Subscription cancellation, non-payment or violations of these Terms - Draftboard will cease the aforementioned services. Notwithstanding such account suspension, Customers will be responsible for paying for Live Interactions that directly result from Draftboard performing the services even after their Subscription has expired. Subscriptions auto-renew, and any cancellation of Services will apply to the next scheduled payment (i.e. no more Subscription charges will be incurred by the Customer). 

Requirement to Pay Bonuses.

i.

Cases Where Bonus is Owed. If you have a Live Interaction with a Prospect, you will owe, and you agree to pay, the Bonus, which is determined by you when you create the campaign, plus any applicable taxes thereon. You also agree to notify Draftboard of any eligible Live Interactions that Draftboard inadvertently missed in its invoice(s). Your credit card will be charged each time a qualifying Live Interaction occurs. Failure to pay the Bonus on time constitutes a material breach of these Terms for which Draftboard may suspend your access to the Services. Draftboard’s suspension of your access to the Services shall not relieve you of any of your obligations hereunder including your obligation to pay any Bonus. 

Cases Where no Bonus is Owed.

1.

If the Live Interaction Date is more than 90 days after the date the Connector introduced you to the Prospect, then no Bonus will be due.

2. 

If the Connector did not secure the Prospect’s permission before making the introduction, then no Bonus will be due.

Cases Where Partial Bonus is Owed.

1. 

If a Connector has made an introduction to a Prospect and the Prospect informs you that they have recently left their employer, a partial bonus of 50% will be due. This is because you identified the Prospect in your campaign and the Connector did what was asked of them, which is to facilitate an introduction. At the same time, all parties recognize that the goal of an introduction is to ultimately lead to business relationship between the Prospect’s employer and the Company, and if they are no longer employed by that employer, that is not possible. To the extent, though, that the Prospect subsequently introduces you to another contact at their previous employer and Live Interaction results from that, the full bonus would be owed. 

2. 

If a Connector has made an introduction to a Prospect, and you fail to engage / follow up with the Prospect within 30 days of the date of the introduction, a partial bonus of 50% will be due. This is because you identified the Prospect in your campaign and the Connector did what was asked of them, which is to facilitate an introduction. 

b.

Notification of an eligible Live Interaction.

i.

In case a Live Interaction occurred and it was not captured by Draftboard, you are obligated to notify Draftboard via (a) updating the status of the relevant Prospect in your Draftboard dashboard (at www.draftboard.com) or (b) an email to support@draftboard.com, and in all cases not more than five (5) days following the Live Interaction Date (such notification “Live Interaction Notice”).

ii.

Failure to provide Live Interaction Notice in accordance with these terms may result in your immediate suspension or expulsion from the Services and the locking and/or deletion of your Account.

c.

Invoice & Payment Procedure.

i.

Credit Card: Payment is by credit card only. The credit card you use to subscribe to the Services is the same card that will be charged for the Meeting Bonus related to each qualifying Live Interaction. You hereby authorize Draftboard to charge your credit card, through instruction to the Payment Provider, for each Bonus due to be paid by you under these Terms immediately upon Draftboard becoming aware of the applicable Live Interaction. You further guarantee that your credit card will have sufficient credit available to pay any Bonus that becomes due and payable hereunder. If you comply with your obligation to provide a Live Interaction Notice on time pursuant to Section 6(b)(ii), you will not be liable for late payment resulting from Draftboard’s failure to charge your credit card prior to the Bonus Due Date.

ii.

You understand and agree that you will be solely and exclusively liable to Draftboard if Draftboard is unable to collect payment from you for any reason outside of Draftboard’s direct control including, but not limited to, due to inability to charge the credit card associated with your Account or Draftboard not being aware that a Live Interaction has occurred. You hereby acknowledge and agree that you are liable to pay the Bonus for each Live Interaction, whether or not the relevant Live Interaction is indicated to have occurred in your calendar and whether or not you fulfilled your obligation to provide the Live Interaction Notice on time. Draftboard uses its integration with your calendar, to monitor whether a Live Interaction has occurred and therefore whether a Bonus is due, but failure to indicate a Live Interaction has occurred or provide a timely Live Interaction Notice does not relieve you of your obligation to pay each applicable Bonus prior to the expiration of the Bonus Due Date.

d.

Connector’s Portion & Non-Circumvention. A portion of the Bonus will be retained by Draftboard and the remainder of the Bonus will be paid by Draftboard to the Connector who facilitated the Live Interaction with the Prospect, as further set out in the Connector Terms of Service available at https://www.draftboard.com/terms-of-use. You hereby undertake and agree not to bypass Draftboard and pay a Connector directly for any Live Interaction with a Prospect made via the Services, and you further agree not to pay Connectors for future Live Interactions made outside of the Draftboard platform. 

f.

Taxes Applicable to Bonus. The Bonus for each Live Interaction is indicated exclusive of any applicable taxes. You acknowledge and agree that as part of your obligation to pay the Bonus and Draftboard’s authorization to charge and invoice you for the Bonus Draftboard will charge you and you will pay the Bonus plus any applicable taxes, as determined by Draftboard.

g.

Your Costs & Taxes. You are solely responsible for all costs incurred by you in connection with your use of the Services and in connection with your determining, collecting, reporting and paying all applicable state and federal sales, income and other taxes.

7. Disputes Between You and Prospects; Releasing Draftboard From Claims

Draftboard is not party to any agreement entered into between you and any Prospects. In the event that you have a dispute with one or more Prospects, you agree to address such dispute directly with the Prospect(s) in question and you hereby release Draftboard (and its officers, directors, agents, investors, subsidiaries, and employees) (collectively “Releasees”) from, and agree not to sue any of the Releasees for, any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. If such a dispute arises, Draftboard may, at its sole discretion, facilitate communication between you and the relevant Prospect in connection with such dispute. If such a dispute is unable to be resolved between you and a Prospect, Draftboard may, at its sole discretion, intervene in such dispute and take any actions Draftboard deems appropriate.

8. Intellectual Property Rights in the Services & Content

a.

Draftboard’s Intellectual Property Rights. Draftboard and its licensors exclusively own all right title and interest in and to the Services and Content (as defined below) including all intellectual property rights therein. Draftboard reserves all of its intellectual property rights in the Services and the Content. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Draftboard logos, trademarks and services marks are the trademarks and intellectual property of Draftboard. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

b.

Content. For purposes of these Terms “Content” means text, graphics, images, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services.

c.

Your Rights to Content. Subject to these Terms, we hereby grant you a non-exclusive, non-sublicensable and non-transferable limited license to use Content solely for purposes of using the Services in accordance with the explicit permissions in these Terms. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services as explicitly permitted in these Terms is expressly prohibited without prior written permission from us.

d.

Prohibitions. You will not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, use, copy, reproduce, modify, translate, publish, broadcast, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose the Services or any Content except as explicitly permitted in these Terms.

9. Prohibited Uses of the Service

a.

You hereby represent and warrant that you will not use the Services in any way that:

i.

violates any law or regulation;

ii.

is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;v

iii.

jeopardizes the security of any Draftboard user account (such as allowing someone other than an Authorized User to log in to the Services using your Account);

iv.

violates the security of any computer network, or cracks any passwords or security encryption codes;

v.

runs any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

vi.

“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

vii.

decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Site or Services.

10. Company Trademarks & Content

a.

Trademarks. You hereby grant Draftboard the right to use the trademarks made available by you to Draftboard, in connection with our provision of the Services and for the purpose of promoting Draftboard in press releases, marketing materials and other similar scenarios. We agree to use such trademarks only in the form provided by you.

b.

Company Content. “Company Content” means any Content that you, as a Company, make available through the Services, excluding any confidential information such as your Prospect list, Bonus amount(s), emails, calendar events and other similar content. 

i.

Draftboard does not claim any ownership rights in any Company Content.

ii.

By making any Company Content available through the Services, you hereby grant to Draftboard a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license, with the right to grant sublicenses, to use, copy, modify (for formatting purposes only), publicly display, publicly perform and distribute copies of your Company Content in connection with operating and providing the Services and Content to you and to other Account holders.

iii.

You are solely responsible for all your Company Content. You represent and warrant that you own all your Company Content or have obtained all rights, authorizations, consents and permissions necessary to grant us the license rights in your Company Content under these Terms and that your Company Content is true and accurate. You also represent and warrant that neither your Company Content, nor your use and provision of your Company Content, nor any use of your Company Content by Draftboard on or through the Services and/or in accordance with the Terms will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

iv.

You hereby represent and warrant that you will not post, upload, publish, submit or transmit any Company Content that: (i) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (ii) violates any applicable law or regulation; or (iii) is fraudulent, false, misleading or deceptive.

v.

We reserve the right, but are not obligated, to remove or disable access to any Content, including Company Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms.

11. Links to Third Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

12. Termination

We may suspend or terminate your and your Authorized Users’ access to and use of the Services, including, but not limited to, suspending access to, terminating or deleting your Account, at our sole discretion, at any time and without notice to you. You may request cancelation of your Account at any time by sending an email to us at legal@draftboard.com. Any termination, discontinuation or cancellation of your Account and/or your access to and use of the Services shall not relieve you of the obligation to pay any Bonus already due or that becomes due under these Terms. Account termination may result in permanent deletion of any content associated with your account.

13. Disclaimers

a.

General Disclaimer of Warranties. The Services and Content are provided “AS IS,” without warranty of any kind. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

b.

Draftboard Not Responsible for Prospects, Connectors or Companies. Neither Draftboard nor its affiliates or licensors is responsible for the conduct of any Connector, Prospect, or Company. Draftboard does not provide any warranties or guarantees regarding any Connector or Prospect including with respect to the accuracy of any information provided to you by any Connector or Prospect. You acknowledge and agree that Draftboard does not make any representations or warranties as to the qualifications of any Connector or Prospect. In addition, we do not guarantee that by using the Services you will get Live Interactions with Prospects you list on the Services.

c.

Take Precautions With Connectors and Prospects. Draftboard provides the Services as a medium for Connectors and Prospects to connect with Companies and facilitate the performance by Connectors of introductions for Companies. You agree to take reasonable precautions in all interactions with Connectors or Prospects. You are solely responsible for your interactions with Connectors and Prospects via the Services or otherwise. You understand that Draftboard is under no obligation to screen Connectors or Prospects. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in using the Services. Your use of the Services is at your sole risk and discretion and Draftboard hereby disclaims, and you hereby release Draftboard from, any and all liability to you or any third party relating thereto.

14. Limitation of Liability

a.

Limitation of Types of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DRAFTBOARD WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DRAFTBOARD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

b.

Limitation of Amount of Liability. WITHOUT DEROGATING FROM THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRAFTBOARD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU IN BONUS FEES VIA THE SERVICES IN THE SIX (6) MONTHS PRECEEDING ANY APPLICABLE CLAIM.

c.

These Limitations of Liability are Fundamental. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN DRAFTBOARD AND YOU.

15. Indemnity

You hereby agree to indemnify and hold harmless Draftboard and the other Releasees, and covenant not to sue them for, any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your or any of your Authorized Users’ access to or use of the Services; (ii) your Company Content; or (iii) your or any of your Authorized Users’ violation of these Terms including, but not limited to, any failure to pay a Bonus in accordance with the Terms.

16. Copyright Notice

In accordance with the DMCA, we reserve the right to block access to or remove material that we believe to be copyrighted material that has been illegally copied and distributed on the Services. If you believe that any material on the Services infringes your copyright, please send a copyright infringement notice to legal@draftboard.com. We will follow applicable law, including the terms of the DMCA, in addressing any notice of copyright infringement on our Services.

17. Governing Law; Dispute Resolution; Class Action & Jury Waivers

a.

The laws of the State of New York govern this Agreement and all matters arising from or relating hereto, without regard to conflict of law principles that would cause the application of the laws of any other jurisdiction. Any action arising from or relating to this Agreement will be filed only in a federal or state court located in the State of New York, and the parties irrevocably consent and submit to the personal jurisdiction of such courts. Neither party will claim that an aforementioned court is an improper or inconvenient venue.

b.

ALL PARTIES WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.

c.

You further agree that any dispute between you and Draftboard will be filed on an individual basis and you hereby waive any right to participate in a class-action or collective action proceeding against Draftboard.

18. General Terms

a.

Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Draftboard and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Draftboard’s prior written consent. Draftboard may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

b.

Notices. Any notices or other communications provided by Draftboard under these Terms will be given: (i) via email to the email address associated with your Account; or (ii) by posting to the Services. Any notice to be given by you to Draftboard under these Terms shall be sent by email to legal@draftboard.com. Notice will be deemed to have been given on the date on which an email is transmitted or applicable posting is made to the Services.

c.

Waiver of Rights. A person’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of the party. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

d.

Survival. Sections 5-9 and 11-17 of these Terms, including any obligations to pay a Bonus and any other terms meant to survive the termination, discontinuation or cancellation of your Account and your right to access and use the Services shall survive any such termination, discontinuation or cancellation for any reason. Your obligation to pay a Bonus may be accrued after termination, discontinuation or cancellation of your Account if a Live Interaction was scheduled prior to such termination, discontinuation or cancellation.

19. Feedback

If you have any feedback about the Services, please contact Draftboard at info@draftboard.com. If you choose to provide us feedback, you agree that we are free to use such feedback without any restriction or compensation to you.