By accessing the DRAFT website, you agree to abide by these website Terms and Conditions of Use and to comply with all applicable federal, state and local laws and regulation.  Accessing the website includes using the information, features, software, tools, reports and other functionality provided by the DRAFT website whether as a visitor to the website or registered member.  In order to take full advantage of the DRAFT website, including communicating with other Members, availing yourself of offered services and accessing customer and technical support, you must, as a part of the registration process as a member, read and affirmatively indicate your full acceptance of these Terms and Conditions of Use.  If you do not agree to full acceptance of these Terms and Conditions of Use, then you may not use or access the DRAFT website.

Description of Services

DRAFT has designed a proprietary mobile optimized web application that enables you, as an investor, to aggregate your portfolio investment accounts into a single location (“Services”).  DRAFT further provides you with education regarding portfolio evaluation and the impact that investment fees and diversification have on long-term investment strategies.  Thus, DRAFT provides you with a holistic view of your investment portfolio.  Through a simple and intuitive interface, the DRAFT application will guide you on how to evaluate your portfolio performance and asset allocation in comparison with other similar investors, thus providing insights into other investing strategies.  This process enables you to make informed and proven decisions to rebalance or fill allocation gaps in your portfolio.

Proprietary Rights

DRAFT’s Rights

DRAFT protects all materials contained or displayed on this website by applicable federal and common copyright and trademark law.  You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any DRAFT website content or software, in whole or in part except as specifically authorized in writing by DRAFT.

Your Rights

DRAFT claims no ownership or control over any information or content submitted, posted or displayed by you on or through the DRAFT website.  You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on the DRAFT website and remain solely responsible for protecting those rights.  To the extent other users may access any content that you post or display on the DRAFT website, you grant DRAFT a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such content on the DRAFT website for the purpose of displaying, distributing and promoting DRAFT’s services.  DRAFT reserves the right to refuse to accept, post, display or transmit any content you submit in its sole discretion.  You represent and warrant that you have all the rights, power and authority necessary to grant the rights to any content submitted described in this paragraph.

Use License

DRAFT grants you a limited license to download one copy of the materials (information or software) from DRAFT’s website for personal, non-commercial transitory viewing only.  This license does not in any manner transfer title.  Under this limited license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on DRAFTs web site;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and DRAFT reserves the right to terminate this license at any time and for any reason.  Upon termination, you must cease viewing these materials and destroy any downloaded materials in your possession regardless of the form, including electronic or printed material.

Your Registration Information

In order to allow you to use the Services, you will need to sign up for an account with DRAFT.  We may verify your identity.  You authorize DRAFT to make any inquiries we consider necessary to validate your identity, which may include asking you for further information, requiring you to provide your full address or other reasonable steps.  If you do not provide this information or DRAFT cannot verify your identity, we can refuse to allow you to use the Services.

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your User ID e-mail address, allows you to access the Sites.  That User ID and password, together with any mobile number or other information you provide form your “Registration Information.”  By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to that e-mail address. You assume responsibility to update or change that address, as appropriate.  DRAFT will send you notices will in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of or suspect any unauthorized use of your Registration or Account Information for the Services, you agree to notify DRAFT immediately at the email address – support@draftapp.com

Your Use of the Services

You may only access and use the Services for lawful purposes.  Accurate records enable DRAFT to provide the Services to you; therefore, you must provide true, accurate, current and complete information about your investments and you may not misrepresent your Registration and Account Information.  In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate.  Failure to do this may affect the accuracy and effectiveness of the Services.  You represent that you own and have full authority to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.

Interruptions of your access and use of the Services may occur from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that DRAFT, in its sole discretion, may elect to take.  In no event will DRAFT have liability to any party for any loss, cost or damage that results from any scheduled or unscheduled downtime.

Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall consist of DRAFT using commercially reasonable efforts to adjust or repair of the applicable service.

From time to time, DRAFT may include new or updated pre-release features and trial use (“Sneak Preview” features) in Services for your use and the opportunity to provide feedback.  You understand and agree that you use Sneak Preview features voluntarily and that DRAFT has no obligation to provide you with any Sneak Preview features.  Furthermore, if you decide to use the Sneak Preview features you agree to abide by any rules or restrictions DRAFT may place on them.  You understand that your use of certain Sneak Preview features may prevent you from reverting to the earlier version of the same or similar feature.  Additionally, if you cannot revert to such earlier version, then any data you converted will not revert to the earlier version.  DRAFT provides Sneak Preview features on an “as is” basis and, as such, may contain errors or inaccuracies that could cause failures, corruption or loss of data or information from any connected device.  You acknowledge and agree that you assume all risk of the use of the Sneak Preview features.

Use With Your Mobile Device

You may access and use these Services through a compatible mobile device, which may require Internet or network access and software.  You assume full responsibility for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.  DRAFT MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

Online and Mobile Alerts

DRAFT may from time to time provide automatic alerts and voluntary account-related alerts, including certain changes to your account or information, such as a change in your Registration Information.

You may activate voluntary account alerts as part of the Services.  You may customize, deactivate or reactivate these alerts at any time.  These alerts allow you to choose alert messages for your accounts. DRAFT may add new alerts from time to time, or cease to provide certain alerts at any time in its sole discretion.  Each alert has different options available from which you may select upon activation of your alerts service.

You understand and agree that a variety of factors may delay any alerts provided to you through the Services.  DRAFT may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert.  DRAFT assumes no liability for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

DRAFT will send electronic alerts to the email address you have provided as your primary email address for the Services.  If your email address or your mobile device’s email address changes, you assume responsibility for informing us of that change.  You can also choose to have alerts sent to a mobile device that accepts text messages.  Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your password; however, alerts may include your User ID and some information about your accounts.  Depending upon which alerts you select we may include information such as an account balance.  Anyone with access to your email may view the content of these alerts.  You may disable future alerts at any time.

Rules for Posting to DRAFT Website

As part of the Services, DRAFT may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the DRAFT website.  DRAFT or a third party may host these forums.  You agree in posting content to follow certain rules.

  • You assume full responsibility for all content you submit, upload, post or store through the Services.
  • You are responsible for all materials (“Content”) uploaded, posted or stored through your use of the Services.
  • You grant DRAFT a worldwide, royalty-free, non-exclusive license to host and use any content provided through your use of the Services.  Archive your content frequently.  You remain responsible for any lost or unrecoverable content. You  must provide all required and appropriate warnings, information and disclosures.  DRAFT assumes no responsibility for any content or data you submit through the Services.  By submitting content to us, you represent that you have all necessary rights and hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content in connection with Services and our business, including without limitation for promoting and redistributing part or all of the site (and derivative works thereof) in any media formats and through any media channels.  You also grant each User a non-exclusive license to access your posted content through the Sites, and to use, reproduce, distribute, prepare derivative works of, display and perform such content as permitted through the functionality of the Services and under this Agreement.
  • You agree not to use, nor permit any third party to use, the Services to a) post or transmit any libelous or defamatory message or which discloses private or personal matters concerning any person; b) post or transmit any indecent, obscene, pornographic, harassing, threatening, abusive, hateful, racially or ethnically offensive message, data, image or program, that encourages criminal conduct, give rise to civil liability or violate any law; or otherwise inappropriate; c) post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion; or d) interfere with other Users’ use of the Service, including, without limitation, disrupting the normal flow of dialogue in an interactive area of the DRAFT website, deleting or revising any content posted by another person or entity, or taking any action that imposes a disproportionate burden on the Service infrastructure or that negatively affects the availability of the Service to others.
  • Except where expressly permitted, you may not post or transmit charity requests; petitions for signatures; franchises, distributorship, sales representative agency arrangements, or other business opportunities (including offers of employment or contracting arrangements); club memberships; chain letters; or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitation of other users to use goods or services except in those areas (e.g., a classified bulletin board) designated for such purpose.
  • You agree that any employment or other relationship you form or attempt to form with an employer, employee, or contractor whom you contact through areas of the DRAFT website that we may designate for that purpose shall remain between you and that employer, employee, or contractor alone, and not with us.
  • You may not copy or use personal identifying or business contact information about other Users without their permission.  You may not use the DRAFT website to send unsolicited e-mails, mailings, telephone calls, or other communications to individuals or companies whose contact details you obtain through the Services.
  • You agree that we may use any content, feedback, suggestions, or ideas you post in any way, including in future modifications of the Service, other products or services, advertising or marketing materials.  You grant us a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the content and feedback you provide to us in any way.

The Services may include a community forum or other social features to exchange information with other users of the Services and the public.  DRAFT does not support and assumes no responsibility for the content in these community forums.  Please use respect when you interact with other users.  Do not reveal information that you do not want to make public.  Users may post hypertext links to content of third parties for which DRAFT assumes no responsibility.

Social Media Sites

DRAFT may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among users who have registered to use them.  The Terms of Use and Privacy Policies of those platforms will govern any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms.  Please refer to those social media platforms to understand your rights and obligations with regard to such content.

Disclaimer

DRAFT provides the materials on its website “as is.”  DRAFT makes no and expressly disclaims any warranties, expressed or implied, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.  Further, DRAFT does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this website.

Important Securities Disclaimer

You understand that none of the content published on the DRAFT website or inside the application constitutes a recommendation of suitability of any particular security, portfolio of securities, transaction or investment strategy for any specific person.  DRAFT only publishes information derived from data and is intended for analysis purposes only. 

You further understand that none of the bloggers, information providers, 3rd party providers or their affiliates intends to advise you concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter.  To the extent that such third party content published on the DRAFT website may constitute investment advice or recommendation in connection with a particular security, DRAFT offers such information impersonally and not tailored to the investment needs of any specific person and expressly disclaims offering advice.  Further, DRAFT does not in any case endorse, recommend or offer advice regarding any securities discussed by third parties on the DRAFT website.

You understand that an investment in any security carries a number of risks, and that discussions of any security published on the DRAFT website will not contain a list or description of relevant risk factors.  In addition, please note that some of the stocks about which DRAFT publishes content on the DRAFT website have a low market capitalization or insufficient public float.  Such stocks carry more risk than stocks of larger companies, including risks of greater volatility, lower liquidity and less publicly available information.

You understand that the DRAFT website may contain contradicting opinions with regard to securities.  DRAFT requires all employees to disclose every stock in which they, their immediate family, or any entity under their control, have a personal interest.  We require DRAFT employees who post a blog or content about a security in which they have an interest to disclose such interest.  However, you understand and agree that non-employees, who DRAFT does not require such disclosure of personal interest, may also post blogs or content about securities in which they have a personal interest but may not disclose such interest.

You understand that sources DRAFT believes reliable provide performance data, that DRAFT may use such data to make the calculations displayed on the DRAFT website and application but that these sources do not guarantee such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, we may refer on our DRAFT website to a prior posting, blog, article, opinion or other Content we have published.  These references may reference only a portion of a posting, blog, article or opinion, and no longer timely.  As markets change continuously, previously published information and data loses relevance and reliability.

DRAFT only displays content on the DRAFT website as of the date published or indicated.  Subsequent market or other events may supersede and make such content irrelevant or ineffective.  In addition, you agree that you have sole responsibility for the cache settings on your browser to ensure you receive the most recent content.

No Investment Recommendations or Professional Advice

The DRAFT website and application does not provide tax, legal, insurance or investment advice, and you should not construe anything posted on the DRAFT website or in the application as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by DRAFT or any third party.  You have sole responsibility for determining the propriety or suitability of any investment, security or strategy, or any other product or service based on your investment objectives and personal and financial situation.  You should consult an attorney or tax professional regarding your specific legal or tax situation.

Limitations

In no event shall DRAFT or its suppliers assume any liability for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on DRAFT’s Internet website and application, even if DRAFT or a DRAFT authorized representative has oral or written notice of the possibility of such damage.  Because some jurisdictions do not allow limitations on implied warranties, or liability for consequential or incidental damages, such limitations may not apply to you.

Revisions and Errata

The materials appearing on DRAFT’s website and application may include technical, typographical, or photographic errors.  DRAFT does not warrant that any of the materials on its website are accurate, complete, or current.  DRAFT may change materials contained on its website at any time without notice.  DRAFT does not, however, make any commitment to update the materials.

Modifications to Service

DRAFT reserves the right at any time and from time to time to modify or discontinue any aspect of the DRAFT website and application with or without notice; however, DRAFT will take reasonable steps to notify you by email or website posting.

Termination of Service

You may terminate your access to the DRAFT website and application at any time and DRAFT reserves the right to terminate your access for cause.  If terminated, DRAFT will disable your account and you will not have access to the DRAFT website and application or any information or content which you may have posted to the website.

Links

DRAFT has not reviewed all of the websites linked to its Internet website and expressly takes no responsibility for the contents of any such linked website.  The inclusion of any website link does not imply endorsement by DRAFT of the site.  If you use access any linked website, you use such website at your own risk.

Modification of Terms and Conditions of Use

DRAFT may revise these Terms and Conditions of Use at any time without notice and any resulting version shall govern the use of this website.

Governing Law

The laws of the State of Texas shall govern any claim relating to DRAFT’s website without regard to its conflict of law provisions.

Privacy Policy

We value your privacy; accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information:

  • Before or at the time of collecting personal information, we will identify the purposes for collecting such information.
  • We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • We will only collect relevant personal data limited for the express purposes defined.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We commit to conducting our business in accordance with these principles in order to ensure that we protect and maintain the confidentiality of your personal information.

You can view DRAFT’s full Privacy Statement at [insert link].  You agree to the applicable DRAFT Privacy Statement, as amended from time to time including that DRAFT: (1) may use and maintain your data according to the DRAFT’s Privacy Statement, as part of the Services and (2) has your permission to combine information you enter or upload for the Services with that of other users of the Services (for example, DRAFT may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Indemnity

Indemnification

You agree to indemnify and hold DRAFT, its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners harmless from and against any third party claim arising from or in any way related to your use of the DRAFT website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.  DRAFT will provide you with written notice of such claim, suit or action.

General Terms and Conditions

Entire Agreement.  The Terms and Conditions of Use (including any related policies, guidelines or amendments Program Policies and Legal Notices) constitute the entire agreement between you and DRAFT and govern your use of DRAFT’s website, superseding any prior such agreements.

Survival.  Upon expiration or termination of your access to the DRAFT website, Sections 3, 5, 6, 7, 14, 15 and 16 shall remain in full force and effect.

Waiver and Severability of Terms.  DRAFT’s failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision.  If a court of competent jurisdiction finds any provision of the Terms and Conditions of Use invalid, you agree that the court should endeavor to give effect to DRAFT’s intentions as reflected in the affected provision, and the other provisions of the Terms and Conditions of Use shall remain in full force and effect.

Section Headings.  DRAFT has included section headings in these Terms and Conditions of Use for your convenience only and, as such, have no legal or contractual effect.