Included in this document are the I. Terms of Use and the II. Acceptable Use Policy.
Last Modified: October 2, 2023
This Agreement is entered into by and between Business Draft Inc., an Oregon corporation ("Company ," "we", or "us") and you, on behalf of yourself and all Affiliated Users (as defined herein). The following terms and conditions, together with any documents expressly incorporate by reference (collectively, the "Agreement"), govern your access to and use of any of the Company's Internet properties including, without limitation, businessdraft.com, mobile websites, microsites, mobile applications, Company profiles on social media sites, and other digital services and platforms officially operated or used by the Company from time to time including any content, functionality, and services offered on or through any affiliated website that links to this Agreement (collectively, the "Sites") whether as a guest or a registered user.
Please read this Agreement carefully before you start to use the Sites. By accessing or using the Services, you signify that you have read, understood, and agree to be bound by the terms and conditions of this Agreement, whether or not you are a registered user, partner, or customer of the Services. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to enter into this Agreement on behalf of such employer or other entity and are able to bind such employer or other entity to the terms and conditions of this Agreement. If you do not want to agree to this Agreement, you must not access or use the Sites.
This Sites are offered and available to users who are 18 years of age or older, and and reside in the United States or any of its territories or possessions. By using the Sites, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Sites.
We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we Post them and apply to all access to and use of the Sites thereafter.
Your continued use of the Sites following the Posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
We reserve the right to withdraw or amend the Sites, and any service or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Sites, or all Sites, to users, including registered users.
You are responsible for both: (1) Making all arrangements necessary for you to have access to the Sites; (2) Ensuring that all persons who access the Sites through your internet connection are aware of this Agreement and comply with it; and (3) Ensuring that any registered users or additional users associated with your account (the "Affiliated Users") are aware of this Agreement and comply with it.
To access the Sites or any of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current, and complete. You agree that all information you provide to register with the Sites or otherwise, including, but not limited to, through the use of any interactive features on the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of them using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you and your Affiliated Users exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
The Sites and their entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
This Agreement permits you to use the Sites for your personal, non-commercial use only. You and your Affiliated Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows: (1) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (2) You may store files that are automatically cached by your Web browser for display enhancement purposes; (3) You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (4) You may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.;
You and your Affiliated Users must not: (1) Modify copies of any materials from this site; (2) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or (3) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you or your Affiliated Users wish to make any use of material on the Sites other than that set out in this section, please address your request to: support@businessdraft.com.
If you or your Affiliated Users print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or any content on the Sites is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Trademarks
The Company name, Business Draft, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Sites are the trademarks of their respective owners.
Prohibited Uses
You and your Affiliated Users may use the Sites only for lawful purposes and in accordance with this Agreement and the Acceptable Use Policy.
User Contributions
The Sites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to Post, submit, publish, display, or transmit to other users or other persons (hereinafter, "Post ," "Posted ," and "Posting") content or materials (collectively, "User Contributions") on or through the Sites. All User Contributions must comply with the Content Standards set out in this Agreement.
Any User Contribution you or your Affiliated Users Post to the Sites will be considered non-confidential and non-proprietary. By providing any User Contribution on the Sites, you and your Affiliated Users grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: (1) You and your Affiliated Users own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (2) All of your and your Affiliated Users' User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you and your Affiliated Users submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions Posted by you, your Affiliated Users, or any other user of the Sites.
Monitoring and Enforcement; Termination
We have the right to: (1) Remove or refuse to Post any User Contributions for any or no reason in our sole discretion; (2) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates this Agreement, including the Acceptable Use Policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or the public, or could create liability for the Company; (3) Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy; (4) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites; and (5) Terminate or suspend your access and/or an Affiliated User's access, to all or part of the Sites for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is Posted on the Sites and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Infringement Policy
In accordance with all applicable law, the Company has adopted a policy of terminating, in appropriate circumstances, the accounts of individuals who are deemed to be repeat copyright infringers on the Sites. The Company may, in its sole discretion, limit access to the Sites and/or terminate the accounts of any individual who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Copyright Infringement Notices
It is the policy of the Company to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"), or if you reside outside the United States, any similar applicable law with respect to copyright infringement in the jurisdiction in which you are located.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Sites, please notify the copyright agent of the Company as set forth below. For your complaint to be valid under the DMCA, you must provide the following information in writing:
FAILURE TO INCLUDE ALL OF THE ABOVE INFORMATION, ESPECIALLY SPECIFIC URLS WHERE CONTENT MAY BE FOUND, WILL RESULT IN A DELAY IN THE PROCESSING OF YOUR DMCA NOTIFICATION AND MAY RESULT IN YOU HAVING TO REPEAT SOME OR ALL OF THE ABOVE PROCESS. UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
The above information must be submitted to the following DMCA Agent via email to Business Draft Support at support@businessdraft.com with the subject line, "DMCA Notice ," or by postal mail at the following address:
1915 NE Stucki Ave., Ste. 400, Beaverton, OR 97006
Agent Contact Information: Name: Tylor Peck Address 1: 1915 NE Stucki Ave., Ste. 400 City, State, Zip: Beaverton, OR, 97006 Country: United States of America
Copyright Counter-Notices.
If content you or an Affiliated User posted on the Sites was removed due to a claim(s) of copyright infringement and you would like to dispute that removal, the process for counter-notifications is governed by the DMCA. To file a counter-notification with us, you must provide a written communication that provides the following information, presented clearly and concisely to expediate our review:
Send the counter-notification to the following address: via email to Business Draft Support at support@businessdraft.com with the subject line, "DMCA Notice ," or by postal mail at the following address:
1915 NE Stucki Ave., Ste. 400, Beaverton, OR 97006
Agent Contact Information: Name: Tylor Peck Address 1: 1915 NE Stucki Ave., Ste. 400 City, State, Zip: Beaverton, OR, 97006 Country: United States of America
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. By submitting a counter-notification, you consent to having your identifying information revealed to the party who submitted the original claim of copyright infringement. After we send out the counter-notification, the claimant must then notify us within 10 days that they have filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Trademark Infringement
If you believe in good faith that any content on the Sites is illegal or infringes your or a third party's intellectual property right or you wish to make us aware of any other illegal or infringing acts which relate to the Sites, you can contact us via email at: support@businessdraft.com. Any notice to us must contain: (1) a detailed description of the infringing or illegal material or activity including why it is infringing or illegal; (2) a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and (3) your name, address, telephone number and e-mail address.
By posting, submitting, providing and/or otherwise making available any of your or your Affiliated Users' User Contributions on the Sites, you and your Affiliated Users expressly grant to the Company, a royalty-free, sublicensable, perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such content you Post to the Sites, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such content on the Sites, distributing such content through any distribution and publishing network used by the Company, in notifications to job seekers, and to promote the Company and the Sites. This license continues even if you stop using the Sites.
You acknowledge and agree that the Company has no obligation, and may be unable, to remove User Contributions Posted to the Sites once they have been distributed and incorporated into a use contemplated by this Agreement.
You represent and warrant that you and your Affiliated Users have the rights, power and authority necessary to grant the rights described in this section and that the use by the Company of the content you Post on the Sites will not violate any law or infringe the rights of any third party, and that your content and any other information that you provide to us is legal, complete, legitimate, truthful, and accurate.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not: (1) Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable; (2) Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (3) Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (4) Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement and our Privacy Policy; (5) Be likely to deceive any person; (6) Promote any illegal activity, or advocate, promote, or assist any unlawful act; (7) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; (8) Impersonate any person, or misrepresent your identity or affiliation with any person or organization; (9) Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or (10) Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.
These Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Sites
We may update the content on the Sites from time to time, but its content is not necessarily complete or up-to-dateup to date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Sites
All information we collect on the Sites is subject to our Privacy Policy. By using the Sites, you and your Affiliated Users consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
User Interactions
You understand and agree that the Company does not, and cannot, confirm that each User is who they claim to be. We are not responsible for authenticating individuals and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other individuals on the Sites, including, without limitation, employers, staffing agencies, and recruiters. You assume all risks associated with individuals with whom you come into contact on the Sites. If you have any disputes or issues with any individuals you agree to pursue any remedies directly with the applicable individual and you release the Company, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind, known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
Prices
All prices, discounts, and promotions posted on the Sites are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. You may be offered more than one billing option when making a purchase on the Sites. You agree to pay on the basis and at the rate selected when you submitted the purchase through your account ( the "Rate"). For any non-flat Rates, the amount owed will be calculated based on the Company's tracking mechanisms. Company is not responsible for click fraud, technological issues, or other potentially invalid activity by third parties that may affect the cost of any fees. Price increases will only apply to orders placed after such changes. Posted prices do not include applicable taxes or other charges. All such taxes and charges will be added to your total and will be itemized in your order confirmation email. You also agree to pay all applicable taxes, government charges and foreign exchange fees. Company will periodically charge your payment method at the applicable Rate. All amounts paid are non-refundable.
We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We may offer, from time to time, promotions on the Sites that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
Terms of Payment
Terms of payment are within our sole discretion and payment must be received by us before we accept an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Sites at the time of your order.
Unless you change or remove your payment method, Company may store and update (e.g., upon expiration) your payment method for use with subsequent campaigns, orders, and purchases submitted through your account or an Affiliated User's account.
Failure of Payment
You remain responsible for any uncollected amounts. Company may charge interest on any overdue amounts at the rate of the lesser of 3% per month or the lawful maximum, and you agree to reimburse the Company for all collection costs for overdue amounts. In the event any amounts due to the Company from you remain unpaid after 10 days, the Company may take any lawful action against you and your Affiliated Users, included, but not limited to, limiting access to your account, access for your Affiliated Users, or suspension of any services being offered by Company to you and your Affiliated Users.
Contact by Telephone or SMS
When using the Sites, we may ask for your consent to contact you by telephone, including by SMS. By granting such consent, you authorize the Company to contact you by telephone at the number(s) you have provided, and acknowledge that the Company may do so using an automatic telephone dialing system or an artificial or prerecorded voice, to the extent permitted by the laws of the jurisdiction where you reside.
You may revoke consent to be contacted by telephone by providing written notice to support@businessdraft.com and including the wording "Revocation of Telephone Consent" in the subject line. To stop receiving SMS messages from the Company, you may reply "STOP" to any SMS message you receive. Consent to being contacted by telephone is not required as a condition of using the Services or of purchasing any other property, goods, or services from the Company.
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for training our employees and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
Contact by Email
By providing the Company with your email address, you consent to your email address being sent Sites-related and other non-commercial notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Sites and special offers, to the extent permitted by the laws of the jurisdiction where you reside. If you have consented to receive email job alerts or marketing communications from us, we will send you such communications until you opt-out. If you do not want to receive job alert emails and/or marketing communications from us, you may opt-out or change your preferences in your account, by following the opt-out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing: support@businessdraft.com. Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Please note, that while you can opt-out of marketing messages and email job alerts, you cannot opt-out of service-related communications, including those related to security, legal notices, your account, your use of the Sites, billing, and other transactional purposes unless you deactivate your account and stop using our Sites.
Linking to the Sites and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.
The Sites may provide certain social media features that enable you to: (1) Link from your own or certain third-party websites to certain content on the Sites; (2) Send emails or other communications with certain content, or links to certain content, on the Sites; and (3) Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Subject to the foregoing, you must not: (1) Establish a link from any website that is not owned by you; (2) Cause the Sites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; (3) Link to any part of the Sites other than the homepage; or (4) Otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Sites
If the Sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED OR THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees including reasonable attorneys' fees arising out of or relating to your violation, or an Affiliated User's violation, of this Agreement or your use, or an Affiliated User's use, of the Sites, including, but not limited to, any User Contributions, any use of the Sites' content, services, and products other than as expressly authorized in this Agreement, or any use of information obtained from the Sites.
Geographic Restrictions
The owner of the Sites is based in the State of Oregon in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law and Jurisdiction
All matters relating to the Sites and this Agreement, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Oregon without giving effect to any choice or conflict of law provision or rule whether of the State of Oregon or any other jurisdiction.
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Oregon, in each case located in the City of Portland and County of Multnomah, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At the Company's sole discretion, it may require You to submit any disputes arising from this Agreement or use of the Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Oregon state law.
Waiver and Severability
No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
This Agreement, our Privacy Policy, and our Acceptable Use Policy, constitute the sole and entire agreement between you and Business Draft Inc. regarding the Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Sites.
Your Comments and Concerns
The Sites are operated by Business Draft Inc., located at 1915 NE Stucki Avenue, Suite 400, Beaverton, OR 97006. The Sites may be hosted at one or more locations other than the Company's place of business.
All notices of copyright infringement claims should be sent to the copyright agent designated in in this Agreement and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: support@businessdraft.com.
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You may use the Sites only for lawful purposes and in accordance with this Acceptable Use Policy. You agree not to use the Sites:
Additionally, you agree not to:
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