These terms govern use of the Internet forum at https://thedenforum.com, https://thedraftforum.com, https://bleacherscout.com, with names that include ‘The Den,’ and ‘The Draft Forum’. To use the forum, you must agree to these terms with BLEACHER SCOUT, the company that runs the forum. By accessing or otherwise participating as a user on this forum, you agree that you have read, understood, and agree to be bound by these terms, and to the collection and use of your information as set forth in the privacy policy, whether or not you have registered as a user. Please note that we do not guarantee, represent, or warrant that your use of the website or forum, or any part of the site’s “service,” will be uninterrupted or free of error. We do not guarantee availability of this website.

This Terms of Service agreement applies to all visitors, registered users, and others who access the forum.

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Important Terms

These terms include a number of important provisions that affect your rights and responsibilities, such as the disclaimers in Disclaimers, limits on the company’s liability to you in Limits on Liability, your agreement to cover the company for damages caused by your misuse of the forum in Responsibility for Your Use, and an agreement to arbitrate disputes in Disputes.

Your Permission to Use the Forum

Subject to these terms, the company gives you permission to use the forum. Everyone needs to agree to these terms to use the forum.

Conditions for Use of the Forum

Your permission to use the forum is subject to the following conditions:

  1. You must be at least thirteen years old.

  2. You may no longer use the forum if the company contacts you directly to say that you may not.

  3. You must use the forum in accordance with Acceptable Use and Content Standards, and Code of Conduct.

Acceptable Use

  1. You may not break the law using the forum.

  2. You may not use or try to use another’s account on the forum without their specific permission.

  3. You may not buy, sell, or otherwise trade in user names or other unique identifiers on the forum.

  4. You may not send advertisements, chain letters, or other solicitations through the forum, or use the forum to gather addresses or other personal data for commercial mailing lists or databases.

  5. You may not automate access to the forum, or monitor the forum, such as with a web crawler, browser plug-in or add-on, or other computer program that is not a web browser. You may crawl the forum to index it for a publicly available search engine, if you run one.

  6. You may not use the forum to send e-mail to distribution lists, newsgroups, or group mail aliases.

  7. You may not falsely imply that you’re affiliated with or endorsed by the company.

  8. You may not hyperlink to images or other non-hypertext content on the forum on other webpages.

  9. You may not remove any marks showing proprietary ownership from materials you download from the forum.

  10. You may not show any part of the forum on other websites with <iframe>.

  11. You may not disable, avoid, or circumvent any security or access restrictions of the forum.

  12. You may not strain infrastructure of the forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the forum.

  13. You may not impersonate others through the forum.

  14. You may not encourage or help anyone in violation of these terms.

Content Standards

  1. You may not submit content to the forum that is illegal, offensive, or otherwise harmful to others. This includes content that is harassing, inappropriate, or abusive.

  2. You may not submit content to the forum that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.

  3. You may not submit content to the forum containing malicious computer code, such as computer viruses or spyware.

  4. You may not submit content to the forum as a mere placeholder, to hold a particular address, user name, or other unique identifier.

  5. You may not use the forum to disclose information that you don’t have the right to disclose, like others’ confidential or personal information.

  6. You may not use the forum to air personal complaints against other members, including staff, decisions made by the forum or against the forum rules generally.

  7. You may not introduce topics out of the purview of this forum, and explicitly, that can mean political topics, links to political material or otherwise social issues that may be considered sensitive by others. Where there is ambiguity around whether a topic is appropriate, the company and its staff holds the exclusive right to remove the content and, if necessary, revoke posting privileges as a result.

Enforcement

The company may investigate and prosecute violations of these terms to the fullest legal extent. The company may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.

The company reserves the right to change, redact, and delete content on the forum for any reason. If you believe someone has submitted content to the forum in violation of these terms, contact us immediately.

Your Account

You must create and log into an account to use some features of the forum.

To create an account, you must provide some information about yourself. If you create an account, you agree to provide, at a minimum, a valid e-mail address, and to keep that address up-to-date. You may close your account at any time by contacting us.

You agree to be responsible for all action taken using your account, whether authorized by you or not, until you either close your account or notify the company that your account has been compromised. You agree to notify the company immediately if you suspect your account has been compromised. You agree to select a secure password for your account, and keep it secret.

The company may restrict, suspend, or close your account on the forum according to its policy for handling copyright-related takedown requests, or if the company reasonably believes that you’ve broken any rule in these terms.

Your Content

Nothing in these terms gives the company any ownership rights in intellectual property that you share with the forum, such as your account information, posts, or other content you submit to the forum. Nothing in these terms gives you any ownership rights in the company’s intellectual property, either.

Between you and the company, you remain solely responsible for content you submit to the forum. You agree not to wrongly imply that content you submit to the forum is sponsored or approved by the company. These terms do not obligate the company to store, maintain, or provide copies of content you submit, and to change it, according to these terms.

Content you submit to the forum belongs to you, and you decide what permission to give others for it. But at a minimum, you license the company to provide content that you submit to the forum to other users of the forum. That special license allows the company to copy, publish, and analyze content you submit to the forum.

When content you submit is removed from the forum, whether by you or by the company, the company’s special license ends when the last copy disappears from the company’s backups, caches, and other systems. Other licenses you apply to content you submit, such as Creative Commons licenses, may continue after your content is removed. Those licenses may give others, or the company itself, the right to share your content through the forum again.

Others who receive content you submit to the forum may violate the terms on which you license your content. You agree that the company will not be liable to you for those violations or their consequences.

Subscription Service/Product Offering

The company provides an optional recurring subscription to users. Although we will make attempts to provide an added value to these “paid” users through the service, we cannot guarantee and do not make a promise of value, real or perceived, to the “paid” user. It is the sole responsibility of the user to make this determination within a reasonable time period upon subscribing, and may cancel their paid subscription at that time.

We do not guarantee, represent, or warrant that your use of the website or forum, or any part of the site’s “service,” will be uninterrupted or free of error. We do not guarantee availability of this website.

You agree to provide complete and accurate information when becoming a subscriber, and further agree to promptly update account and payment information, including email address, payment method, expiration date, so that transaction and account access can remain current. Sales tax will be added to the price as deemed required by the company. We retain the right to change prices at any time, and will make attempts to notify you in advance. All payments shall be in U.S. dollars.

You agree to pay the recurring charges at the price in effect and any additional fees; you authorize our third-party payment partner to charge your chosen payment type for such amounts upon placing your order. Due to the recurring nature of a subscription, you consent to our third-party payment partner charging your chosen payment method on a recurring basis, until you cancel your subscription using the methods provided by the company. We reserve the right to correct errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to cancel your access to the subscription service, or the subscription service offering, and any benefits therein, at any time, at our sole discretion. When the subscription service is canceled, your recurring payment will be canceled.

We reserve the right to refuse any subscription request. We may, in our sole discretion, limit or cancel subscriptions purchased per person, per household, or per order. These restrictions may include orders placed by or under the same user account. We reserve the right to limit, prohibit, or cancel subscriptions that, in our sole judgment, appear to be placed by resellers or distributors.

Users who are paid subscribers are still under, and subject to, the terms herein. In simple terms, regardless of whether you’re a paid subscriber, the company can revoke and/or terminate your access to the site entirely if, in its sole discretion, the company determines you have violated its terms; your subscription will also be canceled at that time. Users who are terminated are still subject to our no refund policy.

By becoming a paid subscriber, a user does not gain ownership of the company, any say in the processes or services or decision making of the company or site, or any other equity of any kind in the company or site.

Subscription Refund Policy

We do not provide refunds, including for partially used billing periods, for any reason. If you cancel your subscription, you will continue to have access to the service through the end of your billing period. If you believe an error has been made in the processing of your payment (via Stripe), please contact us.

Your Responsibility

You agree to indemnify the company from legal claims by others related to your breach of these terms, or breach of these terms by others using your account on the forum. Both you and the company agree to notify the other side of any legal claims for which you might have to indemnify the company as soon as possible. If the company fails to notify you of a legal claim promptly, you won’t have to indemnify the company for damages that you could have defended against or mitigated with prompt notice. You agree to allow the company to control investigation, defense, and settlement of legal claims for which you would have to indemnify the company, and to cooperate with those efforts. The company agrees not to agree to any settlement that admits fault for you or imposes obligations on you without your prior agreement.

Disclaimers

You accept all risk of using the forum and content on the forum. As far as the law allows, the company and its suppliers provide the forum as is, without any warranty whatsoever.

The forum may hyperlink to and integrate forums and services run by others. The company does not make any warranty about services run by others, or content they may provide. Use of services run by others may be governed by other terms between you and the one running service.

Limits on Liability

Neither the company nor its suppliers will be liable to you for breach-of-contract damages their personnel could not have reasonably foreseen when you agreed to these terms.

As far as the law allows, the total liability to you for claims of any kind that are related to the forum or content on the forum will be limited to $50.

Feedback

The company welcomes your feedback and suggestions for the forum. See the Contact section below for ways to get in touch with us.

You agree that the company will be free to act on feedback and suggestions you provide, and that the company won’t have to notify you that your feedback was used, get your permission to use it, or pay you. You agree not to submit feedback or suggestions that you believe might be confidential or proprietary, to you or others.

Termination

Either you or the company may end the agreement written out in these terms at any time. When our agreement ends, your permission to use the forum also ends.

The following provisions survive the end of our agreement: Your Content, Feedback, Your Responsibility, Disclaimers, Limits on Liability, and General Terms.

Disputes

State of Michigan law will govern any dispute related to these terms or your use of the forum.

You and the company agree to seek injunctions related to these terms only in state or federal court in Grand Rapids, Michigan. Neither you nor the company will object to jurisdiction, forum, or venue in those courts.

Other than to seek an injunction or for claims under the Computer Fraud and Abuse Act, you and the company will resolve any dispute by binding American Arbitration Association arbitration. Arbitration will follow the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. Arbitration will happen in Grand Rapids, Michigan. You will settle any dispute as an individual, and not as part of a class action or other representative proceeding, whether as the plaintiff or a class member. No arbitrator will consolidate any dispute with any other arbitration without the company’s permission.

Any arbitration award will include costs of the arbitration, reasonable attorneys’ fees, and reasonable costs for witnesses. You and the company may enter arbitration awards in any court with jurisdiction.

General Terms

If a provision of these terms is unenforceable as written, but could be changed to make it enforceable, that provision should be modified to the minimum extent necessary to make it enforceable. Otherwise, that provision should be removed.

You may not assign your agreement with the company. The company may assign your agreement to any affiliate of the company, any other company that obtains control of the company, or any other company that buys assets of the company related to the forum. Any attempted assignment against these terms has no legal effect.

Neither the exercise of any right under this Agreement, nor waiver of any breach of this Agreement, waives any other breach of this Agreement.

These terms embody all the terms of agreement between you and the company about use of the forum. These terms entirely replace any other agreements about your use of the forum, written or not.

Contact

You may notify the company under these terms, and send questions to the company, at thedenfootballforum@gmail.com.

The company may notify you under these terms using the e-mail address you provide for your account on the forum, or by posting a message to the homepage of the forum or your account page.

Changes

The company last updated these terms on September 20, 2022, and may update these terms again. The company will post all updates to the forum. For updates that contain substantial changes, the company agrees to e-mail you, if you’ve created an account and provided a valid e-mail address. The company may also announce updates with special messages or alerts on the forum.

Once you get notice of an update to these terms, you must agree to the new terms in order to keep using the forum.