Please read these terms carefully before using GOAT Draft.
Effective Date: [DATE]
Welcome to GOAT! GOAT is a fantasy sports platform that allows you to join, draft, and compete in weekly fantasy sports contests! Before using GOAT, please take some time to carefully read our Terms of Service below ("Terms," or "Agreement"). These Terms constitute a binding contract between you and GOAT.
By creating an account, using the website located at [website].com (including all the areas available through such website, collectively, the "Site"), downloading the GOAT mobile application ("App"), and/or using the various fantasy sports or information services (collectively, such services, including any new features and applications, together with the Site and App, the "Services") offered by GOAT Draft Fantasy LLC, a Texas-based operator, (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors – collectively "GOAT," "we," "us," and/or "our"), or by visiting or browsing the Services, you, the user (collectively "Users," or "you"), acknowledge and agree to these legally binding Terms. You also agree to the GOAT Privacy Policy ("Privacy Policy") and all other contest rules, operational rules, policies, and procedures that may be published on the Services by GOAT, which are incorporated by reference.
You agree to use the Services only for lawful purposes, and that you are responsible for your use of the Services and communications with us, all of which must comply with these Terms. You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement and that you are able to abide by and comply with this Agreement.
GOAT may, at its sole discretion, change these Terms, including the GOAT Privacy Policy, from time to time. If changes to the Terms occur, we will notify you by posting the updated terms on the Site or App, or by email to the email affiliated with your account. Updated versions of the Terms will never apply retroactively and the updated Terms will give the exact date they go into effect. For the avoidance of doubt, ongoing Contests (as further defined below) shall be subject to the version of the Terms that is in effect at the start of the Contest. It is your responsibility to check the Terms periodically for changes. Your continued use of the Services following the posting of any changes to the Terms means you accept those new terms.
GOAT reserves the right to modify, suspend, or discontinue the Services (including, but not limited to, the availability of any feature, database, or Content), whether temporarily or permanently at any time for any reason. You agree that GOAT shall not be liable to your or to any third party for any modification, suspension, or discontinuation of the Services, provided that any ongoing contest shall be cancelled and you will be refunded any applicable entry fee. GOAT may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You may view Content (as further defined below) on the Site or App without registering for an account, but as a condition of using certain aspects of the Services, including entering Contests you are required to create a GOAT account ("Account," as further defined below). You must be at least eighteen (18) years of age, or the age of majority in your applicable state, to enter any Paid Contests.
You represent that the information in your Account and any other information you otherwise provide to us, is accurate, current and complete information, and agree to update it and keep it accurate, current and complete. We reserve the right to suspend or terminate your Account or your access to the Services if any information provided to us proves to be inaccurate, not current, or incomplete.
Upon Account creation, you are required to choose a username for yourself and submit it. You may not use a username that promotes a commercial venture or a username that GOAT in its sole discretion deems offensive. GOAT may require you to change your username.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer/mobile device, and you agree to accept responsibility for all activities, charges, and damages that occur under your account. It shall be a violation of these Terms to allow any other person to use your account to participate in any Contest. If you discover any unauthorized use of your account, or other known account-related security breach, you must report it to GOAT immediately. You agree that you are responsible for anything that happens through your account until you close your account or prove that your account security was compromised due to no fault of your own. GOAT cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Each individual user may establish only one (1) Account. For avoidance of doubt, users may not "co-own" accounts on the Service. In the event GOAT discovers that you have opened more than one account, in addition to any other rights that GOAT may have, GOAT reserves the right to suspend or terminate any or all of your accounts and terminate, withhold, or revoke the awarding of any prizes.
You agree that the sole and specific purpose of creating an account on GOAT is to participate in fantasy sports Contests. GOAT may suspend, limit, or terminate your account if we determine, in our sole discretion, that you are depositing funds without the intention of using them in Contests on the Service. In such circumstances, we may also report such activity to relevant authorities.
There are restrictions on who may have access to Paid Contests (as further defined below), and where those persons may access the Paid Contests. This Eligibility section applies to Paid Contests.
You must also be at least eighteen (18) years of age to participate in Contests or win prizes offered through GOAT Paid Contests. In jurisdictions, territories, and locations where the minimum age for permissible use of Paid Contests is greater than eighteen (18) years old, you must meet the age requirement in your local jurisdiction or territory. Legal residents physically located in the fifty (50) states and Washington, DC in the United States of America, excluding Hawaii, Idaho, Montana, Nevada, and Washington (the "Excluded States") are eligible to open an account and participate in Paid Contests offered by GOAT.
By depositing money or entering a Paid Contest you are representing and warranting that:
GOAT employees may use the Service for the purpose of testing the user experience, but may not withdraw money or prizes. Relatives of GOAT employees with whom they share a household are not eligible to participate in contests unless they are non-public Contests with other GOAT employees or household members. GOAT consultants or promoters of the Service may play in Contests without such limitation, but only if (i) their arrangement with GOAT does not permit them to have any access to non-public Service data or any other data not made available to all players on the Service and (ii) they do not receive any other advantages in their play on the Service.
If GOAT determines that you do not meet the eligibility requirements of this section, then you are not authorized to enter Paid Contests. GOAT may require you to provide proof that you are eligible to participate according to this section prior to receiving a prize. This includes by requesting that you fill out an affidavit of eligibility or other verification information. If GOAT otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that GOAT may have in law or equity, GOAT reserves the right to terminate your account, withhold or revoke the awarding of any prizes associated with your account or limit your ability to withdraw. In such a situation, GOAT may pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, to be precisely determined by GOAT in its sole discretion. GOAT also reserves the right to withhold revoked prizes to use in furtherance of its fraud prevention or anti-money laundering efforts.
You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time for any reason including, without limitation, system down time for routine maintenance. You further understand that there may be interruptions in service or events on third-party sites that may affect your use of the Services and that are beyond our control to prevent or correct. Interruptions in the Services that are beyond our control shall not serve as a basis to demand a full or partial refund of any prepaid fees.
GOAT may limit access, via technological means, to the Services in the Excluded States. If you attempt to deposit money into an Account or play in any Contest in which a prize is awarded while located in an Excluded State, you will be in violation of the law of such Excluded State and these Terms, and subject to having your Account suspended or terminated. You hereby agree that we cannot be held liable if the laws applicable to you result in the restriction or prohibition of your participation.
After you create an account, you will be able to visit the Site or App and view games available for entry ("Contests"). It is your responsibility to know and understand the rules and required entry fees for any given Contest. Please note that you must meet all eligibility requirements and otherwise comply with any other applicable rules to be eligible to win a prize. Residents of the Excluded States are not eligible to participate in our Paid Contests.
Paid Contests each have an entry fee listed in US dollars. The entry fee may vary from Contest to Contest. When you choose to enter a Paid Contest and complete the entry process, the requisite entry fee will be debited from your Account upon sign up. No refunds will be issued within one minute of the start of any Contest. If a contest is cancelled prior to running, the contest entry fee is refunded to your Account. Ongoing Contests that are canceled after some Contestants have been eliminated will split the prize pool among the remaining eligible Contestants.
To be eligible to enter any Contest or receive any prize, you may be required to provide GOAT with additional documentation and/or information to verify your identity as the account holder, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of an account holder, GOAT will, in its sole and absolute discretion, utilize certain information collected by GOAT to assist in verifying the identity and/or eligibility of such account holder. GOAT reserves the right not to award a prize to an individual it believes in its sole discretion did not submit the winning entry.
GOAT employees ("Employees") and Immediate Family Members (an "Immediate Family Member" means any domestic partner and relative of the employee who resident at an employee's residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any Paid Contests on GOAT, however, Employees and Immediate Family Members are permitted to play in private, non-public Contests.
By entering a Contest, entrants agree to be bound by these rules and the decisions of GOAT, which shall be final and binding in all respects. GOAT, at its sole discretion, may disqualify any entrant from a Contest, refuse to award benefits or prizes and require the return of any prizes, if the entrant engages in conduct or otherwise utilizes any information GOAT deems to be improper, unfair or otherwise adverse to the operation of the Contest or is in any way detrimental to other entrants.
These Terms prohibit entering a Contest if the entrant is:
In addition, conduct that would be deemed improper also includes, but is not limited to:
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent GOAT from pursuing criminal or civil proceedings in connection with such conduct.
By entering into a Contest or accepting any prize, entrants, including but not limited to the winner(s), agree to indemnify, release and to hold harmless GOAT, its parents, subsidiaries, affiliates and agents, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the Contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or travelling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. GOAT may, in its sole and absolute discretion, require the account holder to execute a separate release of claims as a condition of being awarded any prize or receiving any payout.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
All Contests offered on the Services are contests of skill. Each of our Contests are governed by specific rules, as may be modified from time to time, which are incorporated into these Terms by this reference. Winners are determined by the objective criteria described in the Contest rules, scoring guidelines, and any other applicable documentation associated with the Contest. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of relevant information and rules to accumulate the most points according to the corresponding scoring rules. The Services may not be used for any form of illicit gambling. This section does not apply to any sweepstakes or other giveaway promoted by GOAT; such sweepstakes or giveaway shall be governed by separate terms.
Prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event of a cancellation, all entry fees will be refunded to the customer's Account except as specifically provided in this Agreement.
The players in each Contest who accumulate the most points and comply with eligibility requirements and applicable rules will win predetermined prizes as set out in the Contest details "Contest Prize Table". After each Contest ends, the tentative winners are announced but remain subject to final verification. Winners may be requested to return via email or regular mail an affidavit of eligibility, a publicity agreement and appropriate tax forms by a specified deadline. Any prize notification returned as undeliverable may result in disqualification and selection of an alternate winner. Prizes will be awarded as soon as reasonably practicable following the conclusion of each Contest and all monetary winnings will be deposited directly into your GOAT Account.
Once winners are selected and prizes are awarded, the scoring results will not be changed regardless of any official adjustments made by the professional leagues, though we reserve the right to make adjustments based on errors or irregularities in the transmission of information to us from our stats provider or in our calculation of results. Any amounts that are mistakenly credited as winnings to your Account remain our property and will automatically be transferred from your Account upon confirmation of the error. Further, you acknowledge and agree that should we, in our sole and absolute discretion, determine that you did not comply with and or adhere to this Agreement, we may disqualify you from any Contest entered, in which case any prizes awarded to you as a result of said Contest will be immediately forfeited. You agree to cooperate with our efforts to reverse payments for violations or error.
No substitution or transfer of prize is permitted except at our sole discretion. ALL PRIZES ARE AWARDED AS IS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) BY US.
To the extent that we offer 'live' statistics during gameplay, all 'live' statistics and other information provided through the Services and related information sources are unofficial. Live sports statistics and their respective components are offered for informational and/or entertainment purposes only and are not used to determine the results of our Contests. GOAT and its third-party providers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Services and related information sources, and shall not be responsible or liable for any error or omissions in that information.
You may withdraw from any Contest entered, at any time, prior to either the acceptance by us of the final Contestant's entry. If you timely cancel an entry, your entry fee will be refunded back into your Account. GOAT has no obligation to honor cancellation requests received after the last registrant for the Contest has been accepted.
We reserve the right, in our sole discretion, to cancel or suspend any Contest (or any portion thereof) for any reason whatsoever, including but not limited to, the safeguarding of the administration, security, fairness, integrity or proper operation of the Contest. In the event that a Contest is cancelled altogether prior to the Contest running, no Contest entry fee will be payable by you and any amounts that were to be used for the purpose of entering the Contest will once again be made available to you via your Account. In the event a Contest is cancelled in a subsequent round of play after some Contestants have been eliminated, the prize pool will be split among surviving Contestants.
Creating an Account is free. However, there are associated fees for certain Contests and Account types. When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged.
To pay for such services, you must provide GOAT with the information necessary to process such order including, but not limited to, your billing address and payment method. You agree to pay GOAT the charges incurred in accordance with these Terms and applicable pay services. If you dispute any charges, you must inform GOAT in writing within thirty (30) days of being billed by GOAT. If our fees ever change, the changes to fees are effective after we provide you with notice by posting the changes on the Services or by email.
To participate in Paid Contests, you are required to deposit funds into your Account by any of the methods permitted on the Services. Such funds will be deposited into your Account upon actual receipt of the funds by GOAT. Minimum and maximum limits may be applied to deposits into your Account as determined solely by GOAT. We are not a bank and funds are not insured by any governmental agency. No interest is payable on amounts on deposit in your Account. All payments into your Account must be from a payment source on which you are the named account holder.
Deposited funds are intended to be used for entry into contests on the platform. If you would like a refund of a recent deposit, please contact our customer support at customersupport@goatdraft.com. In order to protect GOAT and its users, we may prevent withdrawals for deposited funds that have not been used for contest entries until reasonable anti-fraud checks and investigations have been completed.
If any deposit is charged back any winnings generated from GOAT Contests shall be invalidated, forfeited and deducted from your Account balance. In addition, the amount of the initial deposit will be invalidated, forfeited and deducted from the Account balance. GOAT reserves the right to close your account – without notice – should a deposit be charged back.
When you make a deposit, or earn winnings, your deposits and Contest winnings are held in a separate, segregated bank account (the "Player Reserve Account") held by GDPF LLC. Vendors, players, and creditors shall be aware that the funds in the Player Reserve Account do not belong to GOAT and are not available to creditors of GOAT. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above, and GOAT may not use them to cover its operating expenses or for other purposes.
From time to time, GOAT may provide you with promotional discounts or bonuses as an incentive to use GOAT's Services, to establish an Account, or to refer others to sign up with GOAT. Such promotional programs will be governed by their own terms and conditions which will be presented at the time of such promotions. Unless otherwise provided, promotional bonuses are non-transferrable.
The withdrawal process is intended only for winnings. If you would like to refund one of your recent deposits, please contact customer support. You may request a withdrawal of funds from your available cash balance in your Account at any time, provided that the funds are not restricted from withdrawal such as bonus and promotions or for violations of this Agreement.
Processing of withdrawals may take up to five (5) business days; provided, however, GOAT reserves the right to freeze your Account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse. If you do not receive your withdrawal within five (5) business days, please contact customer support at customersupport@goatdraft.com.
All deposits and withdrawals will be denominated in U.S. dollars unless otherwise expressly stated. If you make a deposit that is denominated in a currency other than U.S. dollars, please be aware that the funds will be converted into U.S. dollars by our Payment Processors or your financial institution and you may be charged a service fee for such conversion.
All taxes associated with the receipt of any prize are the sole responsibility of the winner. Each year all winners who have won $600 USD or more over the previous year must provide updated address and social security details to GOAT. In compliance with United States Internal Revenue Service regulations, GOAT may be required to submit a Form 1099-MISC to the IRS for any person who wins in excess of $600 (USD) on the Site in any given year. GOAT reserves the right to withhold any amount required to be withheld by law. You remain solely responsible for filing and paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence. GOAT does not provide tax advice.
GOAT uses third-party electronic payment processors and financial institutions ("Payment Processors") to process deposits and/or payments for services or products. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle payments on your behalf. You agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors' terms and conditions, then these Terms shall prevail.
If your Account has no activity for twenty-four (24) consecutive months, the account will be considered inactive. GOAT will assess a fee of $2.99 per month on all inactive accounts until the account is reactivated by entering a contest, making a deposit, or withdrawing funds. Prior to deducting any fees due to account inactivity, GOAT will provide you at least thirty (30) days written notice. If your account remains inactive for the amount of time specified by applicable state law, usually between thirty-six (36) and sixty (60) months, it will be considered abandoned. Once an account is abandoned, GOAT is required by state law to remit the abandoned funds to the appropriate state agency as unclaimed property.
By entering a Contest, you consent to GOAT's and its service providers' and business partners' use of your name, voice, likeness, location and photograph in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected Contest and/or other GOAT Contests and GOAT generally, unless otherwise prohibited by law.
YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE A WINNER IN A PUBLIC CONTEST, YOUR IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME OR USERNAME PLACED ON A WINNERS' LIST.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by the Terms or law. The Services are provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Services.
You understand and agree that you will not use the Services to engage in the prohibited conduct below:
ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE SITE OR APP OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND GOAT RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
You may cancel your account at any time through your account settings or by sending us an email at customersupport@goatdraft.com. Unless GOAT is in breach of this Agreement and does not cure said breach within thirty (30) days of receiving written notice from you of an actual breach, identifying specifically the nature of the breach, you are not entitled to any refunds. We may suspend or cancel your account without notice or refund to you if you violate this Agreement, or for any reason at all.
Upon termination of your account, your license to use GOAT's Services terminates. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
The Services may contain third party advertisements and/or sponsorships. The advertisers and sponsors that provide these advertisements or sponsorships are solely responsible for ensuring that the materials submitted for inclusion on the Services are accurate and that they comply with all applicable laws. We are not responsible for the acts or omissions of any sponsor or advertiser.
Additionally, the Services may permit you to link to other websites or resources on the internet. Links on the Services to third party websites, if any, are provided only as a convenience to you. The inclusion or integration of third-party services or links does not imply control of, endorsement by, or affiliation with GOAT. You agree that GOAT will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites.
Through the Services, GOAT may make accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, campaigns, other material and information, and associated trademarks and copyrightable works (collectively, "Content").
Our Content is protected in many ways, including copyrights, trademarks, service marks, and other rights and laws. You agree to respect all legal notices, information, and restrictions contained in any content accessed through the Services. You have a limited, revocable, non-exclusive, non-transferrable license to use the Services and our Content solely for legally permitted activities related to our Services as outlined in these Terms.
GOAT shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on GOAT's social media pages (collectively, "Feedback") and it may share with any of its affiliates. Without limitation, GOAT will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote GOAT, without compensation to you or any other person sending the Feedback.
GOAT complies with the Digital Millennium Copyright Act (DMCA). GOAT will remove infringing materials in accordance with the DMCA if properly notified that Content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify GOAT's Copyright Agent by email at customersupport@goatdraft.com. Your email must contain the following information:
In accordance with the Digital Millennium Copyright Act, GOAT has adopted a policy of, in appropriate circumstances, terminating User accounts that are repeat infringers of the intellectual property rights of others.
If you believe that your Content that was removed is not infringing, you may send a written counter-notice to the Copyright Agent containing: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification; and (4) Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in Dallas County, Texas.
You acknowledge and agree that (i) these Terms are binding between you and GOAT only, and Apple is not a party hereto, and (ii) as between GOAT and Apple, it is GOAT that is responsible for the App and the content thereof. You must use the iOS App only on an Apple-branded product that runs iOS.
Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof. There are no other third-party beneficiaries of the Terms.
GOAT DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, GOAT SPECIFICALLY DISCLAIMS SUCH WARRANTIES. FURTHER, GOAT AND ITS PARENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOAT MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR FREE OF VIRUSES OR BUGS, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND (IV) ANY ERRORS IN OR ON THE SERVICES WILL BE CORRECTED.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, IN NO EVENT SHALL GOAT, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) TWO HUNDRED U.S. DOLLARS ($200.00).
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
For any problem or dispute that you may have with GOAT, you acknowledge and agree that you will first give GOAT an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the occurrence of the event giving rise to the dispute by sending an email to disputes@GOAT.com. You then agree to negotiate with GOAT in good faith about the dispute for at least sixty (60) days after GOAT's receipt of your written description of it.
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims. All claims arising out of or relating to these Terms shall be finally settled by binding arbitration administered by the American Arbitration Association (the "AAA"), excluding any rules or procedures governing or permitting class actions. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at +1.800.778.7879.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND GOAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to GOAT at disputes@GOAT.com. The notice must be sent within thirty (30) days of your first use of the Service.
The Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with GOAT's prior written consent. Any assignment in violation of this section shall be null and void. GOAT may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
Under these Terms you are contracting with GOAT Draft Fantasy Sports LLC, a Texas limited liability company. All notices should be addressed to GOAT Draft Fantasy Sports LLC at the address in the Contact section below.
You acknowledge and agree that we may give you notice by means of a general notice on the Services, electronic mail to your email address in your account, text message, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or text).
GOAT makes no representation that materials contained on the Services or products described or offered are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
These Terms (and any further rules, policies, or guidelines incorporated by reference) shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law, and without application of the Uniform Computer Information Transaction Act or the United Nations Convention of Controls for International Sale of Goods.
You agree that any action at law or in equity arising out of or relating to these Terms, or your use or non-use of the Services, shall be filed only in the state or federal courts located in Dallas County, Texas, United States and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding.
These Terms and other referenced material constitute the entire agreement between you and GOAT with respect to the Services, and supersede all prior or contemporaneous agreements, representations, warranties, and understandings between you and GOAT with respect to the Services. If a court in any final, unappealable proceeding holds any provision of these Terms or its application to any person or circumstance invalid, illegal or unenforceable, the remainder of these Terms shall not be affected, and shall be valid, legal and enforceable to the fullest extent permitted by law.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
GOAT hosts fair and responsible contests for a variety of entry fees. GOAT runs all contests with integrity, fairness and reliability. GOAT is committed to responsible gaming and is dedicated to an enjoyable and positive gaming experience for all of our players. Most people play online for entertainment, but we recognize that a small percentage of people will attempt to play when they're underage or allow playing online to control them and affect their lives.
GOAT performs an electronic verification using a third-party data reference company to validate the age and identity of all customers. If minors under 18 have access to your computer, device, and/or personal information, please consider installing parental control software to prevent access to GOAT and other age-restricted sites. If you believe a minor is playing on GOAT, please contact us immediately.
GOAT offers the options to self-exclude and self-limit. If, at any point, you think you're spending too much time or money on GOAT, you have the option of taking a break from GOAT entirely. If you wish to suspend your account, please contact support@GOAT.com and it will be suspended within 24 hours.
If you have questions or concerns about your own gaming behavior or about that of a friend or family member, please enlist the help of the National Council On Problem Gambling (www.ncpgambling.org). You can also contact the 24 Hour Confidential National Helpline: 1-800-522-4700.
If you have any questions regarding these Terms or if you wish to file a Copyright Notice, please contact us at support@GOAT.com.