Terms & Conditions

Effective on: March 13, 2023 Last Updated: March 13, 2023

General Information

Drake Tappe, LLC, and subsidiaries, referred to as (“Drake Tappe”, “us”, “we”, “our”). These Terms of Use (“Terms”) constitute a legally binding agreement made between you whether personally or on behalf of an entity (“you”), and Drake Tappe, concerning your access to and use of our website at www.draketappe.com and all media forms, media channels, and/or mobile websites related to www.draketappe.com, the (“Sites”). You agree you have read, understood, and agreed to be bound by all of the Terms.

Acknowledgment and Agreement

Changes

Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alter you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subjected to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Sites after the date such revised Terms are posted.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

Conduct When Using the Sites

By accessing and/or using the Sites, you agree not to:

Use the Sites in a manner inconsistent with any applicable laws or regulations.
Use the Sites as part of any effort to compete with us or otherwise use the Sites and/or content for any revenue-generating endeavor or commercial enterprise.
Use the Sites to advertise or offer to sell goods and services.
Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, as well as trademarks, service marks, and logos contained therein (the “Content”) without explicit written consent from Drake Tappe.
Express or imply that any statements, written or oral, you make are endorsed by Drake Tappe.
Use the Sites in any way that could interfere with, disrupt or negatively affect the Sites or servers or networks associated with the Sites including, disabling security-related features, attempt to upload or transmit viruses, spamming, spyware, or Trojan horses, data mining, data gathering robots, or extraction tools, copy or adapting the Site’s software, reverse engineer any software, and utilize any scraper, spiders, or crawlers.
Encourage, promote, or partake in any activity that violates these Terms.

Links to other Websites and Third Parties

The Sites may contain links or content to third-party websites that are not owned or affiliated with Drake Tappe. You agree and acknowledge that Drake Tappe does not endorse the products or services from third-party sites. Drake Tappe does not review the material or content from these third-party sites and is not responsible for content that is offensive, misleading, inaccurate, or otherwise damaging to you. These Privacy Policy and Terms and Conditions do not govern the content or sites of third-parties and you are encouraged to read the privacy policies and terms and conditions of third-party sites.

Privacy

By agreeing to these Terms, you also confirm that you have read and understood our Privacy Policy, available here.

Limitations and Regulatory Compliance

Disclaimer of Warranties; Limitation of Liability; Indemnification

THE SITES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SITES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS, INCLUDING OUR SUBSIDIARIES, AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES, FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, CLAIM, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) USE OF THE SITES; (2) BREACH OF THESE LEGAL TERMS; (3) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE LEGAL TERMS; (4) YOUR VIOLATION OF THE RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS; OR (5) ANY OVERT HARMFUL ACT TOWARD ANY OTHER USER OF THE SITES WITH WHOM YOU CONNECTED VIA THE SITES. NOTWITHSTANDING THE FOREGOING, WE RESERVE THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE, AT YOUR EXPENSE, WITH OUR DEFENSE OF SUCH CLAIMS. WE WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION, OR PROCEEDING WHICH IS SUBJECT TO THIS INDEMNIFICATION UPON BECOMING AWARE OF IT

Geographic Location

The Sites are hosted within the United States. Those who choose to access the Sites from locations outside of the United States do so on their own initiative and are responsible for compliance with their local laws if they are applicable.

Governing Law

These Terms and your use of the Sites are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

Terms and Termination

These Legal Terms shall remain in full force and effect while you use the Sites. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

If you have any questions about these Terms, contact us at info@draketappe.com