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,” “Business Draft,” “we,” “us,” or “our”), and you, individually and, where applicable, on behalf of any employer, company, organization, or other legal entity you represent, and governs your access to and use of the Sites and Services.
The following terms and conditions, together with our Privacy Policy, Acceptable Use Policy, and any other terms, policies, notices, or documents expressly incorporated herein by reference, as each may be amended from time to time (collectively, the “Agreement”), govern your access to and use of Business Draft’s websites, mobile websites, microsites, mobile applications, digital services, platforms, software, content, functionality, and services, including any affiliated website, application, or service that links to or incorporates this Agreement (collectively, the “Sites” and “Services”), whether you access or use them as a guest, candidate, registered user, employer, customer, administrator, or other user.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITES OR SERVICES. BY ACCESSING, BROWSING, REGISTERING FOR, SUBMITTING INFORMATION THROUGH, OR OTHERWISE USING ANY PORTION OF THE SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU DO NOT AGREE TO THIS AGREEMENT OR DO NOT SATISFY THE APPLICABLE ELIGIBILITY REQUIREMENTS SET FORTH HEREIN, YOU MUST NOT ACCESS OR USE THE SITES OR SERVICES.
The Sites and Services are offered and available only to individuals who are at least sixteen (16) years of age. By accessing or using the Sites or Services, you represent and warrant that you are at least sixteen (16) years of age, that all information you provide to Business Draft is true, accurate, current, and complete, and that your access to and use of the Sites and Services is permitted by and complies with all applicable federal, state, and local laws, rules, and regulations.
If you are sixteen (16) or seventeen (17) years of age, you represent and warrant that you are legally permitted to access and use the applicable Sites and Services and that you have obtained the consent, permission, or authorization of a parent or legal guardian to the extent required by applicable law. Nothing in this Agreement, or in Business Draft’s provision of access to the Sites or Services, constitutes a representation, warranty, verification, or determination by Business Draft that any individual is legally eligible or authorized to work, legally eligible to perform any particular job, occupation, or duties, or satisfies any employment-related age, work authorization, licensing, permitting, scheduling, occupational, educational, safety, or other requirement.
If you access or use the Sites or Services on behalf of an employer, company, organization, or other legal entity, or if you create, own, administer, or manage an employer or company account, purchase Services, incur payment obligations, or otherwise enter into this Agreement on behalf of another person or entity, you represent and warrant that you are at least eighteen (18) years of age, possess the legal capacity to enter into a binding agreement, and have full legal authority to bind that person or entity to this Agreement. In such circumstances, the terms “you” and “your” include both you individually and the person or entity on whose behalf you are acting.
Business Draft provides technology and related services that facilitate recruiting, applicant management, communication, interviewing, and hiring activities. Business Draft is not the employer, prospective employer, employment agency, staffing agency, joint employer, or agent of any candidate or employer solely by reason of providing the Sites or Services. Business Draft does not make, direct, control, or assume responsibility for employment decisions made by employers through or in connection with the Sites or Services.
Each employer is solely responsible for determining whether a candidate is legally eligible, authorized, and qualified to apply for, be considered for, interview for, perform, or be employed in any particular position and for complying with all applicable federal, state, and local employment, labor, child labor, wage and hour, anti-discrimination, work authorization, immigration, licensing, work permit, occupational safety, scheduling, recordkeeping, and other laws, rules, and regulations applicable to its recruiting, interviewing, hiring, and employment practices.
Business Draft does not represent, warrant, or guarantee that a candidate’s access to or use of the Sites or Services, submission of an application, completion of screening questions, advancement through any hiring workflow, receipt of communications, scheduling of an interview, or other activity through the Sites or Services means that the candidate is legally eligible, authorized, qualified, or suitable for employment generally or for any particular position. Employers and candidates are each responsible for complying with laws applicable to their respective activities, and Business Draft expressly disclaims responsibility for determining or verifying employment eligibility, work authorization, age-related employment restrictions, qualifications, licenses, permits, or other employment requirements, except to the extent expressly required of Business Draft by applicable law.
Individuals under sixteen (16) years of age are not permitted to access or use the Sites or Services, create an account, submit an application, or submit personal information through the Sites or Services. Business Draft reserves the right, but does not undertake any general obligation except as required by applicable law, to implement age-screening or age-verification measures and to request information reasonably necessary to verify a user’s age, identity, authority, or compliance with this Agreement. Business Draft may, to the fullest extent permitted by applicable law, deny, restrict, suspend, or terminate access to any portion of the Sites or Services, reject or remove information submitted through the Sites or Services, or take such other action as Business Draft determines reasonably necessary or appropriate if Business Draft determines or reasonably believes that a user does not satisfy the applicable eligibility requirements, has provided false, inaccurate, or misleading information, lacks required authority, or has otherwise violated this Agreement or applicable law.
Nothing in this Agreement shall be construed as requiring Business Draft to independently investigate, verify, monitor, or determine the age, identity, employment eligibility, work authorization, qualifications, licensing, legal status, or other information supplied by any candidate, employer, or other user, except to the extent expressly required by applicable law. Business Draft may rely upon information, representations, certifications, and submissions provided by users and employers to the fullest extent permitted by applicable law.
No provision of this Agreement shall be construed to waive, limit, or exclude any right, protection, defense, limitation, disclaimer, immunity, or remedy available to Business Draft under applicable law. If any provision of this Agreement, including any provision applicable to a user under eighteen (18) years of age, is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law or, where appropriate, construed or modified to the minimum extent necessary to make it enforceable, and such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.
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: (
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.
Business Draft offers subscription plans with varying commitment terms, billing frequencies, pricing, rates, and payment arrangements, as identified at the time of purchase, enrollment, activation, renewal, within your account, through the checkout or payment flow, on an invoice, order form, proposal, promotional offer, franchise or partner arrangement, or as otherwise agreed to in writing.
For purposes of these Terms:
“Commitment Term” means the period for which you have agreed to maintain and pay for your Subscription, including, as applicable, a one-month, one-year, or other stated commitment period.
“Billing Frequency” means how often payments are scheduled under your Subscription, including monthly, annually, or according to another agreed payment schedule.
“Renewal Date” means the date on which your current Commitment Term expires and, unless canceled in accordance with these Terms, a new Commitment Term begins.
“Subscription” means recurring paid access to Business Draft's Services subject to a Commitment Term.
“Rate” means the applicable price, subscription fee, usage-based fee, transaction-based fee, installment amount, or other charge applicable to your Subscription or use of the Services.
Your Commitment Term and Billing Frequency are separate and should not be interpreted as the same thing. A Subscription may, for example, have a one-year Commitment Term while being billed in monthly installments.
By creating a Business Draft company account, accepting these Terms, purchasing or activating a Subscription, or renewing or maintaining a paid Subscription, you acknowledge and agree to the subscription, Commitment Term, billing, automatic renewal, cancellation, refund, and payment provisions contained in these Terms.
If you create, purchase, activate, administer, or manage an account on behalf of a company or other organization, you represent and warrant that you have authority to accept these Terms, purchase Services, and incur the applicable payment obligations on behalf of that company or organization.
By purchasing, activating, or renewing a paid Business Draft Subscription, you agree to pay all amounts due for the applicable Commitment Term according to the applicable Billing Frequency.
A Subscription specifically identified as month-to-month has a one-month Commitment Term.
Month-to-month Subscriptions automatically renew for successive one-month Commitment Terms unless successfully canceled before the applicable Renewal Date.
Your payment method will be charged according to the Billing Frequency and Rate applicable to your Subscription.
Cancellation of a month-to-month Subscription prevents the Subscription from renewing for the next monthly Commitment Term.
Cancellation does not retroactively cancel, terminate, shorten, or refund a monthly Commitment Term that has already begun.
A Subscription identified as annual, yearly, 12-month, or otherwise identified as having a one-year Commitment Term constitutes a commitment for the entire one-year Commitment Term, regardless of whether payment is made annually, monthly, or according to another agreed payment schedule.
Annual Commitments Billed Monthly
An annual Commitment Term billed in monthly installments is an annual Subscription commitment and is not a month-to-month Subscription.
Monthly billing represents only the payment schedule for the annual Commitment Term. Monthly billing does not create separate monthly Commitment Terms or a right to terminate the annual Commitment Term on a month-to-month basis.
For example, if you enter into a 12-month Commitment Term billed monthly, you remain responsible for the payments associated with the entire 12-month Commitment Term even though payment is collected in monthly installments.
Discontinuing use of the Services, reducing usage, removing users, changing personnel, changing ownership or management, ceasing business operations, removing or replacing a payment method, requesting cancellation, or otherwise deciding that you no longer wish to use the Services does not eliminate amounts otherwise due for an existing Commitment Term.
Renewal of Annual Commitments
Unless otherwise expressly agreed to in writing, annual Subscriptions automatically renew for successive one-year Commitment Terms unless successfully canceled before the applicable Renewal Date.
If an annual Subscription is billed annually, the applicable annual Subscription fee will be charged according to the billing schedule applicable to the Subscription.
If an annual Subscription is billed monthly or according to another installment schedule, cancellation before the Renewal Date serves as notice that the Subscription should not renew for another annual Commitment Term.
Cancellation does not terminate the existing annual Commitment Term or relieve you of your obligation to pay amounts otherwise due for that Commitment Term.
Cancellation of an annual Subscription prevents the next annual renewal. It does not eliminate payment obligations associated with the annual Commitment Term already entered into or renewed, except where required by applicable law.
Unless otherwise expressly stated in writing, paid Business Draft Subscriptions automatically renew at the end of their applicable Commitment Term until successfully canceled in accordance with these Terms.
Month-to-month Subscriptions automatically renew for successive one-month Commitment Terms.
Annual Subscriptions automatically renew for successive one-year Commitment Terms, including annual Subscriptions paid through monthly installments or another agreed payment schedule.
Renewal creates a new Commitment Term of the same duration as the immediately preceding Commitment Term unless a different renewal term has been disclosed or agreed to.
Unless otherwise required by applicable law, you may prevent automatic renewal by successfully completing cancellation before the applicable Renewal Date as provided in Section 7.5.
Failure to use the Services or failure to receive or review a renewal, billing, invoice, or other communication does not, by itself, prevent renewal where the Subscription has not otherwise been canceled in accordance with these Terms.
You may cancel your Subscription at any time before the applicable Renewal Date to prevent the Subscription from renewing for an additional Commitment Term.
Cancellation prevents the next renewal.
Cancellation does not retroactively cancel, terminate, shorten, or refund a Commitment Term that has already begun and does not eliminate payment obligations associated with an existing Commitment Term.
How to Cancel
To cancel your Subscription or prevent its next renewal, you must successfully complete the self-service cancellation process available within your Business Draft account.
Log in to your Business Draft account and navigate to:
Company → Billing and Usage → Manage Plan and Payment → Change Plan
From the Change Plan section, follow and complete the applicable prompts to cancel your Subscription or prevent its next renewal.
Cancellation is effective only after the cancellation process has been successfully completed and Business Draft's systems reflect that your Subscription has been canceled or is scheduled not to renew.
If your Subscription has already renewed before cancellation is successfully completed, the renewed Commitment Term remains in effect, and cancellation will prevent renewal following that Commitment Term.
Following cancellation, you may continue to access the Services through the end of your then-current Commitment Term, subject to payment of all amounts due, these Terms, and Business Draft's suspension and termination rights.
Nothing in this Section limits any cancellation method or right Business Draft is required to provide or recognize under applicable law.
To ensure that cancellations are properly authenticated, recorded, and processed, contacting Business Draft or communicating an intent or desire to cancel or not renew does not, by itself, constitute cancellation of a Subscription.
A cancellation inquiry, request, statement, or communication made to Business Draft or to any Business Draft employee, representative, salesperson, account manager, support team member, contractor, or other personnel by email, telephone, voicemail, text message, chat, support ticket, video call, meeting, social media, or any other communication method does not constitute a completed cancellation unless Business Draft expressly confirms in writing that it has processed the cancellation on your behalf.
Customers who contact Business Draft regarding cancellation may be directed to complete the self-service cancellation process described in Section 7.5.
Your responsibility to complete cancellation is not satisfied merely by contacting Business Draft, opening a support ticket, sending an email, leaving a voicemail, speaking with a Business Draft representative, requesting cancellation, requesting information regarding cancellation, or otherwise communicating an intention or desire to cancel, terminate, discontinue, or not renew the Subscription.
An acknowledgment of a cancellation inquiry or request, discussion regarding cancellation, response to an email or support ticket, instructions explaining how to cancel, or an offer to assist with cancellation does not constitute confirmation that the Subscription has been canceled.
If Business Draft elects, in its discretion, to process a cancellation on your behalf, the cancellation will be effective only when Business Draft has processed the cancellation and expressly confirmed in writing that the Subscription has been canceled or is scheduled not to renew.
Unless Business Draft provides such written confirmation, you remain responsible for successfully completing the self-service cancellation process by navigating to:
Company → Billing and Usage → Manage Plan and Payment → Change Plan
and completing the applicable cancellation steps before the Renewal Date.
Failure to successfully complete cancellation before the applicable Renewal Date may result in the Subscription automatically renewing for the next Commitment Term, even if you previously contacted Business Draft, requested cancellation, communicated an intention not to renew, or discussed cancellation with a Business Draft representative.
Nothing in this Section limits any cancellation method or right Business Draft is required to provide or recognize under applicable law.
Upon successful cancellation of a Subscription, Business Draft will provide electronic confirmation that the Subscription has been canceled or is scheduled not to renew following the current Commitment Term.
Confirmation may be provided by email, through your Business Draft account, through an on-screen confirmation, or through another electronic method designated by Business Draft.
You are responsible for verifying that the cancellation process has been successfully completed. If you attempt to cancel but do not receive or observe confirmation that your Subscription has been canceled or scheduled not to renew, you should promptly contact Business Draft before the applicable Renewal Date.
Beginning the cancellation process, navigating to the cancellation page, clicking an initial cancellation button, or abandoning the cancellation process before completing all required cancellation steps does not constitute a completed cancellation.
A Subscription will be considered canceled when the cancellation process described in Section 7.5 has been successfully completed and Business Draft's systems have recorded the cancellation, or when Business Draft has expressly confirmed the cancellation in writing.
Business Draft may maintain electronic records relating to account and Subscription activity, including account creation, acceptance of these Terms, purchases, Subscription selections, Commitment Terms, Billing Frequencies, Rates, payment activity, renewal activity, cancellation activity, confirmation records, account access, and use of the Services.
To the extent permitted by applicable law, Business Draft's ordinary-course electronic records may be used as evidence of the date and time a Subscription was purchased, activated, renewed, canceled, accessed, used, or otherwise modified.
If you believe Business Draft's records do not accurately reflect a cancellation you successfully completed, you should promptly notify Business Draft and provide any cancellation confirmation or other supporting information reasonably available to you.
Except where required by applicable law or expressly agreed to by Business Draft in writing, all Subscription fees, installment payments, renewal payments, usage-based charges, transaction charges, and other amounts properly charged and paid to Business Draft are final and non-refundable once processed.
Business Draft does not provide refunds or prorated credits because of partially used Commitment Terms, unused Services, account inactivity, early cancellation, changes in staffing, ownership, management, business operations or business needs, failure to use or access the Services, failure to use particular features, cancellation after renewal, or a decision to discontinue use before the end of an existing Commitment Term.
Cancellation prevents a future renewal in accordance with these Terms. It does not reverse payments already processed, terminate an existing Commitment Term, or eliminate payment obligations associated with a Commitment Term that has already begun.
Business Draft may, in its sole discretion, provide a refund, credit, concession, discount, extension, or other accommodation.
Any such accommodation is voluntary, does not constitute an admission of liability or error, does not modify these Terms or the applicable Subscription unless expressly stated in writing, and does not create an obligation or precedent requiring Business Draft to provide the same or similar accommodation in the future.
The price, Rate, or fee applicable to your Subscription or other purchased Services will be the price, Rate, or fee presented or agreed to in connection with the applicable purchase, including pricing identified within your Business Draft account, checkout or payment flow, invoice, order form, proposal, promotional offer, franchise or partner arrangement, or other written agreement.
You agree to pay all fees and charges associated with Services purchased, activated, used, or authorized through your account, including Subscription fees, installment payments, usage-based charges, transaction-based charges, third-party charges, taxes, governmental charges, and other amounts applicable to your plan or use of the Services.
For any non-flat, variable, usage-based, activity-based, transaction-based, or similar Rate or fee, the amount owed will be determined using Business Draft's applicable systems, records, usage data, transaction data, tracking mechanisms, or other measurement methods used in the ordinary course of providing the Services.
To the extent permitted by applicable law, Business Draft's ordinary-course systems and records may be used as evidence of the applicable usage, activity, transactions, or other measurements used to calculate such charges, subject to correction of demonstrated errors.
Charges associated with advertising, job distribution, integrations, third-party platforms, candidate or applicant activity, clicks, transactions, communications, background checks, or other third-party products, services, or activity may depend upon information, measurements, events, or actions originating outside Business Draft's systems or control.
Business Draft is not responsible for click fraud, fraudulent or invalid activity by third parties, actions or omissions of candidates, applicants, users, advertising platforms, integration partners, payment providers, vendors, or other third parties, or technological failures, reporting discrepancies, measurement discrepancies, delays, inaccuracies, or other issues originating from third-party systems or services that may affect usage, performance, tracking, reporting, or applicable charges, except to the extent responsibility cannot be excluded under applicable law.
Unless expressly stated otherwise, prices and Rates do not include applicable sales, use, excise, value-added, withholding, or similar taxes, governmental assessments, duties, levies, or other governmental charges.
You are responsible for all applicable taxes, governmental charges, duties, assessments, levies, and similar amounts arising from your purchase or use of the Services, except taxes imposed on Business Draft's net income.
Business Draft may calculate, collect, and remit applicable taxes where Business Draft determines it is required or appropriate to do so. Applicable taxes and charges may be added to amounts charged or invoiced to you.
You are also responsible for applicable foreign exchange fees, currency conversion charges, bank fees, card issuer charges, wire fees, or similar charges imposed by your financial institution, payment provider, or another third party in connection with your payments.
Business Draft may periodically charge the payment method associated with your account according to the applicable Rate, Billing Frequency, payment schedule, usage, or other pricing arrangement authorized under these Terms.
Except where required by applicable law or expressly agreed to by Business Draft in writing, all amounts properly charged and paid are subject to the non-refundability provisions of Section 7.8.
Business Draft may offer promotional, introductory, discounted, franchise, partner, negotiated, or other special pricing or credits.
Unless expressly stated otherwise in writing, special pricing applies only for the period, Commitment Term, customer, account, location, franchise, or other circumstances for which it was offered.
A discount, promotion, credit, concession, special Rate, or other pricing arrangement does not modify the applicable Commitment Term, Billing Frequency, Renewal Date, or other Subscription terms unless Business Draft expressly states otherwise in writing.
Promotional or special pricing offered to one customer, location, franchisee, account, or other party does not entitle another customer, location, franchisee, account, or party to the same pricing.
Following expiration of promotional or discounted pricing, a Subscription may renew at the then-applicable Rate communicated to you or otherwise applicable to your account, subject to applicable notice requirements.
Expiration, modification, or discontinuation of promotional, discounted, franchise, partner, negotiated, or other special pricing does not automatically cancel your Subscription or alter an existing Commitment Term.
Business Draft may change its prices and Rates from time to time.
Unless otherwise agreed, changes to recurring Subscription pricing will apply beginning with a future Commitment Term and will be communicated as required by applicable law.
A pricing change does not, by itself, terminate your Subscription.
If you do not wish to renew at the Rate applicable to the next Commitment Term, you must successfully cancel before the applicable Renewal Date.
If your Subscription is not successfully canceled before the Renewal Date, the Subscription will renew at the Rate applicable to the new Commitment Term, subject to applicable law and any notice requirements that apply.
Business Draft strives to provide accurate pricing, billing, promotional, availability, and Service information. However, typographical, administrative, technical, system, calculation, pricing, billing, availability, or other errors, inaccuracies, or omissions may occur.
Business Draft reserves the right to correct any error, inaccuracy, or omission at any time, including after information has been displayed or communicated, an order or Subscription has been submitted or activated, or a transaction has been initiated or processed, subject to applicable law.
If Business Draft discovers an error involving a price, Rate, fee, discount, credit, promotion, tax, billing calculation, Subscription, or other transaction, Business Draft may, as appropriate and to the extent permitted by applicable law, correct the error, correct applicable account or billing records, cancel or modify an affected transaction or order, issue or reverse an erroneous credit, provide a refund or credit where appropriate, or provide notice of corrected terms or amounts.
An erroneous price, Rate, discount, credit, promotion, fee, or other term resulting from a typographical, administrative, technical, system, or other error does not create a continuing contractual right to receive Services at the erroneous price, Rate, discount, credit, or term.
Business Draft's correction of an error does not waive its right to collect amounts otherwise properly due under these Terms.
Nothing in this Section authorizes Business Draft to retroactively increase the agreed price for an existing Commitment Term solely because Business Draft subsequently changes its generally applicable pricing.
By providing a payment method and purchasing, activating, renewing, or maintaining paid Services, you represent and warrant that:
the payment information you provide is true, accurate, current, and complete;
you are authorized to use the payment method provided;
you are authorized to make the purchase and incur the applicable payment obligations on behalf of the company or account;
charges properly authorized under your Subscription may be submitted to the applicable payment provider for payment; and
you are responsible for amounts properly due under your Subscription or other purchase.
Subject to applicable law and payment-network requirements, you authorize Business Draft and its payment processor to securely store applicable payment credentials or payment tokens and to charge or otherwise process the payment method associated with your account for amounts due under your Subscription, including Subscription fees, installment payments, renewal charges, usage-based charges, transaction-based charges, taxes, and other authorized amounts according to the applicable Billing Frequency and payment terms.
Payment information may be updated through mechanisms provided by your card issuer, payment network, payment processor, or Business Draft, including automatic account updater services where permitted.
Removing, replacing, locking, closing, or allowing a payment method to expire does not, by itself cancel your Subscription, constitute notice of cancellation, terminate an existing Commitment Term, or eliminate amounts otherwise owed.
If Business Draft is unable or no longer authorized to process a particular payment method, amounts otherwise validly due under your Subscription remain your responsibility and must be paid through another payment method accepted by Business Draft.
You remain responsible for amounts properly due but not successfully collected.
If a payment is declined, fails, is reversed, charged back, disputed, or otherwise cannot be processed, Business Draft may, subject to applicable law and applicable payment-network requirements, attempt to process the payment again where permitted, request another valid payment method, suspend or restrict Services, suspend access for Affiliated Users, and pursue collection of amounts properly due.
A failed, declined, expired, removed, replaced, reversed, charged-back, or disputed payment does not, by itself, constitute cancellation of your Subscription, terminate an existing Commitment Term, or eliminate amounts otherwise owed.
Initiating a chargeback, instructing your financial institution to stop payment, revoking authorization to a particular payment method, or otherwise disputing a payment does not, by itself, constitute cancellation of your Subscription or eliminate an underlying contractual payment obligation.
If you wish to prevent a future renewal, you must separately cancel your Subscription in accordance with Section 7.5 unless otherwise required by applicable law.
If Business Draft is unable or no longer permitted to process a particular payment method, you remain responsible for amounts otherwise validly due and must provide another payment method or otherwise arrange payment.
Business Draft's exercise or non-exercise of any right under this Section does not waive any other right or remedy available under these Terms or applicable law.
You remain responsible for all amounts properly due under your Subscription.
If amounts remain unpaid, Business Draft may assess interest or late charges to the extent permitted by applicable law.
Business Draft may suspend, restrict, or terminate access to some or all Services for nonpayment or material breach of these Terms.
Suspension, restriction, or termination of access due to nonpayment or breach does not, by itself, cancel your Subscription, terminate or shorten an existing Commitment Term, extend the Commitment Term, waive amounts owed, or relieve you of payment obligations incurred under the applicable Commitment Term.
You agree to reimburse Business Draft for reasonable costs incurred in collecting amounts properly due, including collection agency costs and reasonable attorneys' fees, to the extent permitted by applicable law.
Business Draft's delay or failure to suspend Services, pursue collection, enforce a payment obligation, or exercise any other right does not constitute a waiver of that right or of amounts properly owed.
The specific Rate, Commitment Term, Billing Frequency, Renewal Date, discounts, promotional terms, payment schedule, and other Subscription details applicable to your account may be identified within your Business Draft account, checkout or payment flow, order form, invoice, proposal, promotional offer, franchise or partner arrangement, or other written agreement between you and Business Draft.
If applicable plan-specific written terms expressly conflict with this Section, those terms will control solely with respect to the specific subject matter of the conflict.
Except for such express conflicts, these Terms remain in full force and effect.
No oral statement, sales discussion, demonstration, informal communication, email, text message, support communication, prior practice, course of dealing, or statement by a Business Draft employee or representative modifies a Commitment Term, Billing Frequency, Renewal Date, Rate, cancellation requirement, refund policy, payment obligation, or other Subscription term unless the modification is expressly agreed to in writing by an authorized representative of Business Draft.
A waiver, discount, credit, concession, extension, exception, or accommodation provided on one occasion does not constitute a continuing waiver or modification and does not require Business Draft to provide the same or similar treatment in the future.
You are responsible for reviewing and understanding your Subscription type, Commitment Term, Billing Frequency, Renewal Date, Rate, payment schedule, payment information, and account status.
You are responsible for managing and canceling your Subscription in accordance with these Terms.
You are also responsible for purchases, Subscription changes, upgrades, additions, and other authorized activity performed through your company account by persons authorized by you to access or administer the account, subject to applicable law.
Failure to use the Services, failure to log into your account, removal of users, changes in staffing, ownership, management, business needs, financial circumstances, or business operations, removal or expiration of a payment method, or failure to receive or review a billing, invoice, or renewal communication does not, by itself, constitute cancellation or relieve you of an existing payment obligation.
Your Subscription remains subject to its applicable Commitment Term, payment obligations, and renewal provisions until cancellation has been successfully completed in accordance with Section 7.5 or Business Draft otherwise expressly confirms cancellation in writing.
Nothing in this Section limits any right or remedy that cannot legally be waived under applicable law.
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.
Our services may integrate with third-party services, which may have their own terms and policies. By using our services, you agree to comply with the terms and policies of these third-party providers. The following are some of the third-party services that may be integrated with our services:
Indeed Integration
The use of Indeed Integration is at all times governed by Indeed’s terms of service, cookie policy, and privacy policy.
Google reCAPTCHA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Google Jobs
Our services may also integrate with Google Jobs. By using these services, you agree to comply with Google’s Terms of Service and Privacy Policy.
Cronofy
Our services may integrate with Cronofy. By using these services, you agree to comply with Cronofy’s Terms of Service and Privacy Policy.
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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