Terms and Conditions of Use

Required Agreement for All HowardDrake.com Users

Online Service Agreement

Please read this agreement carefully before accessing or using HowardDrake.com. By accessing or using HowardDrake.com, you agree to be bound by the terms and conditions set forth herein, and acknowledge that you understand all terms and conditions.

If you do not agree to be bound by the terms and conditions of this agreement, including the Privacy Information Notice incorporated by reference here, you are prohibited from accessing or using HowardDrake.com. The following paragraphs on this page, in connection with the Privacy Information Notice published at HowardDrake.com describe the terms and conditions by which we offer you access to HowardDrake.com.

We maintain this site for your personal information, education and non-commercial use. Use of the terms "our" or "us" or "we" throughout this document shall include HowardDrake.com, a product of Howard Drake, agents, and contractors involved in creating, producing, or delivering the site to your computer.

We may modify this agreement at any time with or without notice to you, and such modification will become effective immediately. We may revise the Terms and Conditions of Use at any time by updating HowardDrake.com. You are bound by such revisions and therefore you should review this agreement from time-to-time.

Please feel free to browse, communicate with, and otherwise use the site. At the same time, please keep in mind that your access to this site is subject to the terms and conditions we establish ("Terms") as well as all applicable laws.

No Warranties

We use reasonable methods to include accurate and up-to-date information on the site. We do not warrant that access to HowardDrake.com be uninterrupted or error free. You agree to use HowardDrake.com on an "AS IS" and an "AS AVAILABLE" Basis.

Because of the possibility of human and mechanical error as well as other factors, Howard Drake disclaims any implied warranty of any kind, including representation about its accuracy, completeness, appropriateness or fitness for a particular purpose, merchantability, non-infringement of third party right, and freedom from computer virus. Please note that some jurisdictions may not allow the exclusion of implied warranties so some of the above exclusions may not apply to you.

You assume full responsibility for using the information on HowardDrake.com, and you understand and agree that Howard Drake is neither responsible nor liable for any claim, loss, or damage resulting from its use. All faults as to satisfactory quality, performance, accuracy and effort remain with you.

Usernames and Passwords

The username and password you create is for your use only and may give you access to secured areas of the site. By giving HowardDrake.com the personal information necessary to create a username and password you are opting in to the collection and use of your personal information by HowardDrake.com or our contracted service providers. Without your unique username and password, you will be unable to access these secured areas. If you disclose this username and password to anyone else, they may be able to access your personal information. The act of your sharing of your username and password will be deemed to be authorization of this disclosure.

If you are not the person whose user id and password is being used to access information on our systems, please be advised that this may constitute a fraudulent act. The Identity Theft and Assumption Deterrence Act of 1998, makes identity theft a federal crime with penalties up to 15 years imprisonment and a maximum fine of $250,000. (Title 18 USC 1028)

Your Idea Submissions to HowardDrake.com

Apart from personal information, which we address through our Privacy Statement, information you submit to us through HowardDrake.com or otherwise, will become and remain our property. You agree that we are free to use, for any purpose, any ideas, concepts, expertise, or techniques contained in the information you provide.

Your use of this site allows Howard Drake to gather certain limited information about you and your usage of the site. You agree and consent to our use of such information in aggregated form. Howard Drake shall use such information in compliance with applicable law and the privacy statement located on this HowardDrake.com site.

Product Descriptions

Product descriptions if any provided on HowardDrake.com are not intended to constitute offers to sell or solicitations in connection with our products and services. Some products may not be available in all jurisdictions. If you are interested in a particular product, please contact us for a complete description of the product, its availability, and any limitations that may apply.

Any summary of services contained within the HowardDrake.com Web site is general in nature only. The actual provision of services is determined and governed by the terms and conditions of the service agreement contracts supplied directly by HowardDrake.com.

Our mention of specific products or services at this site does not constitute or imply a recommendation or endorsement by Howard Drake, unless explicitly stated.

Downloading Software

We may allow you to download some software from HowardDrake.com. We license the software, including all files, images, and data it contains or generates (collectively called "software") to you only for your own personal use. We do not transfer the title to the software to you; we retain full and complete title and all intellectual property rights therein. You may not sell, distribute, decompile, reverse engineer, dissemble or otherwise reduce the software to any other form whatsoever.

Links

We provide links to other sites solely as pointers to information on topics that may be useful to you. Howard Drake does not endorse, investigate, verify, or monitor the content, accuracy, or opinions expressed on other Internet sites hyper-linked to this HowardDrake.com, nor does the information found on these sites necessarily represent the views of Howard Drake. We also do not warrant that these sites are free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that such sites are free of computer viruses.

If you try one of these links, you will leave HowardDrake.com (but you can return with your browser's "back" button).

Notice: no link, be it hypertext, text, banner, logo or a contextual link may be made to any part of HowardDrake.com without the prior written permission of Howard Drake.

Use of HowardDrake.com Site Content

You are hereby granted a nonexclusive, nontransferable, limited license to view and use information retrieved from this site provided solely for your personal information, education, and non-commercial use, and provided you do not remove or obscure the copyright notice or other notices.

Except as expressly stated, no part of this site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, downloaded, disseminated, published, stored or transferred, in any form or by any means, without our written permission. Any special rules relating to the use of certain content on HowardDrake.com shall be stated elsewhere on the site, and are incorporated here by reference.

The web site content is protected under US and foreign law. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) of HowardDrake.com belongs to and is controlled exclusively by Howard Drake. In addition, the names, images, pictures, logos and icons identifying products, services, and the like are proprietary marks that belong to us. Except as expressly provided, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. All rights not expressly granted are reserved to Howard Drake and designated affiliates.

You are here notified that any inappropriate use of HowardDrake.com site content may result in restricting your ability to access and use HowardDrake.com. Further, we may require that you destroy all information obtained from the site. Depending upon the severity of the violation, we may report you to authorities.

Governing Law; Legal Jurisdiction; and Statute of Limitations

The laws of the State of Wisconsin govern this Agreement, without regard to conflict of law principals, your access to and use of our site and the Terms of this Online Service Agreement. You submit to the exclusive jurisdiction of the courts in the State of Wisconsin and waive any jurisdictional venue or inconvenient forum objections to such court.

Before seeking legal recourse for any harm you believe you have suffered from your access to HowardDrake.com, you agree to give Howard Drake written notice specifying the harm and 90 days to cure the harm after providing such notice. In the event that you believe our site has irreparably harmed you, you agree to inform Howard Drake and to give us ninety (90) days to cure the harm before initiating any action. You must initiate any cause of action within one (1) year after the claim has arisen, or you will be barred from pursuing any cause of action.

By maintenance of the HowardDrake.com site, Howard Drake shall not be considered to be subject to the jurisdiction of any governmental authority in which the user, any linked site or vendor or Internet provider resides.

The governing law of other sites HowardDrake.com links to will vary. By means of this agreement, you acknowledge that the management of these sites may designate their own governing law and legal jurisdiction and agree that they may determine governing law and legal jurisdiction at will and in their own discretion.

The Digital Millennium Copyright Act

Howard Drake may terminate your access to our online services if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Howard Drake and service providers (including linked sites) accommodate and do not interfere with standard technical measures used by copyright owners to protect materials. You should assume that the materials found on HowardDrake.com and linked sites are copyrighted and must honor those copyrights. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based upon, report or otherwise use any material for any public or commercial use.

Written notice regarding any infringement of copyright or of any other proprietary rights should be sent to Howard Drake and should include the following information:

• A physical or electronic signature or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or the person defamed.

• Identification of the copyrighted work claimed to have been infringed or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, including information reasonably sufficient to permit us to locate the material.

• Information reasonably sufficient to permit us to contact you, such as your address, telephone number and/or electronic mail address.

• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law

If you choose to access HowardDrake.com from outside the United States, you do so on your own initiative and are responsible for compliance with US and local laws, if and to the extent that local laws are applicable. Software is subject the US export controls. No software may be downloaded or otherwise exported or re-exported into or to a national resident of Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the US has embargoed goods, or to anyone on the US Treasury Department list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders. You represent and warrant that you are not located in, under the control of, or a national resident of any such country or on any such list.

Minors & Child Online Privacy Protection Act

Howard Drake provides this site as a service to adult guests. Howard Drake does not intend to attract children to HowardDrake.com or to gather activity information regarding users who may be children. If you allow your minor child or a child for whom you are legal guardian to access and use HowardDrake.com, you are solely responsible for their access and use, online conduct, and any consequences.

Children should be supervised by an adult User when on this Site because the content, although not harmful, can be complicated and difficult to understand. If a User allows their minor child or a child for whom the User is a legal guardian to access and use our online services, the User is solely responsible for their access and use, online conduct, and any consequences.

Legal Advice

The information and materials contained at HowardDrake.com are offered for informational purposes only. It is not intended to be nor does it constitute legal advice. For specific questions about your legal obligations contact your own legal counsel.

Online Service Agreement Termination

Either party may cancel this Agreement at any time, though the terms and conditions agreed to during the term of this agreement will survive termination of the agreement.

Howard Drake may immediately issue a warning, temporarily suspend, indefinitely suspend, or cancel our Agreement with you and your access if, in our sole discretion, you breach this Agreement. Upon termination of this Agreement, you agree to destroy all materials obtained from our site, as well as all related documentation, copies, and installations, whether or not made under this Agreement.

Limitations on Liability

By using HowardDrake.com, you accept to do so at your own risk and acknowledge that the Internet may not perform as intended despite our best efforts, your best efforts, and the best efforts of our and your Internet service providers.

Howard Drake will not be liable for any delay, difficulty in use, inaccuracy or incompleteness of information, computer viruses, malicious code, loss of data, compatibility issues, or other technical issues. Furthermore, Howard Drake will not be liable if someone has advised us of the possibility of such damages or loss, and/or someone has informed us of a problem with the site or its content.

In no event will Howard Drake, HowardDrake.com, its subsidiaries or affiliates, employees, officers, directors, agents, licensors and suppliers, be liable for any damages as a result of your using this site. These damages include without limitation, direct, indirect, special, consequential, incidental, or punitive damages. You use the site at your own risk.

Howard Drake is not liable for losses, expenses, or taxes (1) Arising in connection with the HowardDrake.com Web site or its links, (2) Arising out of the use of or inability to use the information or materials contained within the HowardDrake.com Web site, or (3) Arising in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Howard Drake is advised of the possibility of such damage, loss, expense, or tax. Howard Drake is not responsible for any manipulated, altered, revised or printed versions of the information and materials provided within the HowardDrake.com Web site or any linked site.

Site System Integrity

You may access this Web site and our system for noncommercial, ordinary purposes. You may not use any device, software, routine or agent to interfere or attempt to interfere with the proper working of our site. You may not take any action, which imposes an unreasonable or disproportionately large load on HowardDrake.com infrastructure. You may not disclose or share your password to or with third parties or use your password for any unauthorized purpose. You may not attempt to log in with a User ID other than your own.

Howard Drake does not guarantee continuous, uninterrupted access to HowardDrake.com and operation of the site. Numerous actions beyond our control may interfere with our site.

Integration and Severability

In the event that we fail to enforce any of our rights under this Agreement, or applicable laws, it shall not constitute a waiver of such right or any other right(s). Any rights not expressly granted herein are reserved.

This Agreement and its companion Privacy Statement constitute the entire agreement between you and us pertaining to our site.

A court, or other tribunal of competent jurisdiction, may hold that a provision of this Agreement is unlawful, void, or for any reason unenforceable. In that event, the provision will be deemed severable from this Agreement and not affect the validity or enforceability of the remaining provisions. We will replace the unenforceable provision by an enforceable provision that comes closest to the intention of the underlying unenforceable provision.

Last modified: 09/25/2009