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Drake and Company

Terms of Use Agreement

Date last modified: February, 20, 2020

Introduction.
Drake & Company of Madison, Inc. operates drakeandcompany.com, a website hosted in the U.S.A. that provides information about our services including, but is not limited to, job postings, testimonials, pictures, videos (the “Site”).

Drake & Company of Madison, Inc. has developed this Terms of Use Agreement (this “Agreement”) to describe the terms and conditions that govern your access and use of the Site. Your access to and use of the Site may require additional terms and conditions including, but not limited to, modifications to this Agreement (“Additional Terms”). In the event of a conflict between any such Additional Terms and this Agreement, such Additional Terms will prevail over this Agreement. Additional Terms shall be effective upon publishing to the Site. Additional Terms will only apply prospectively. Your continued use of the Site following publication of the Additional Terms constitutes your intent to be bound by and your acceptance of said Additional Terms. It is therefore important that you review this Agreement and any Additional Terms when notified there has been a change. If you do not agree to this Agreement or to abide by all applicable laws, you are prohibited from using and accessing the Site and must discontinue any and all use of the Site immediately.

1. Eligibility.
To access or use the Site: (a) you must be 13 years of age or older and, if under 18 or the age of majority in your jurisdiction, your use of the Site must be under the supervision of a parent or guardian or other responsible adult, and (b) you, or (where applicable) the adult supervising your use of the Site, must have the power and authority to enter into this Agreement. Drake & Company of Madison, Inc. reserves the right to remove commercial content at its sole discretion.

2. Duration.
This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you are using the Site.  Drake & Company of Madison, Inc. reserves the right, in its sole discretion, to reject, refuse to post or remove any posting including, without limitation, private messages, e-mails, public messages (collectively, “Messages”) by you.

3. House Rules.
When you use the Site, you may submit your user information including, among other things, your name, email address, address, telephone number, social media account handles, professional information and other information that you voluntarily submit such as contact information (e.g., when you a job application) (“Your User Information”). You are solely responsible for any and all content, including, without limitation, text, files, images, photos, videos, audio, documents or any other materials that you submit to us through the Site or via the contact information listed on the Site (“Your Content”). Your User Information and Your Content is collectively referred to herein as “Content”). You represent and warrant that you will use the Site solely for lawful purposes in a manner consistent with this Agreement and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have with us and any third parties. You agree that by submitting Content to the Site, you have reviewed and understood this Agreement. You understand that you may expose yourself to liability if submitted Content or your use of the Site violates applicable law or any third-party rights.

You agree that you will not:

  1. Impersonate another person, use another person’s e-mail address, or misrepresent your current or former affiliation with another entity or person;
  2. Submit Content under false or fraudulent pretenses;
  3. Submit Content that you do not own or do not have the right to share;
  4. Violate this Agreement, the terms of any other agreements you have with us, or any applicable law, rule or regulation;
  5. Submit content that is defamatory, libelous, fraudulent, harassing, threatening, abusive, racist or bigoted, or is otherwise objectionable; or that you know to be false or misleading;
  6. Promote, endorse or further illegal activities;
  7. Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers, recruiters or potential recruiters;
  8. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
  9. Imply a Drake & Company of Madison, Inc. endorsement or partnership of any kind without our express written permission;
  10. Introduce software or automated agents to the Site, or access the Site so as to produce multiple accounts, or to scrape, strip or mine data from the Site without our express written permission;
  11. “Frame”, “mirror” or otherwise incorporate part of the Site into any website, or “deep-link” to any portion of the Site without our express written permission.
  12. Copy, modify or create derivative works of Drake & Company of Madison, Inc. or any Content (excluding Your Content) without our express written permission;
  13. Copy or use the information, Content (excluding Your Content), or data on the Site in connection with a competitive service, as determined by Drake & Company of Madison, Inc.;
  14. Sell, resell, rent, lease, loan, trade or otherwise monetize access to the Site or any Content (excluding Your Content) without our express written permission;
  15. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of the Site;
  16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
  17. Introduce any viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or similar software to the Site; or
  18. Attempt to circumvent any security feature of the Site.

4. Proprietary Rights in Submitted Content.
Drake & Company of Madison, Inc. does not claim any ownership rights in the Content you submit through the Site or submit to the contact information provided on the Site. After submitting Content, you continue to retain any rights that you previously had in your Content subject to the limited non-exclusive License (defined below) herein. The license you grant to  Drake & Company of Madison, Inc. is non-exclusive (meaning you are free to license your Content to anyone else), royalty-free (meaning that Drake & Company of Madison, Inc. is not required to pay you or anyone else deriving rights from the Content for its use on the Site), sublicensable (so that Drake & Company of Madison, Inc. is able to use its affiliates, subcontractors and other partners, including, without limitation, Internet content delivery networks and wireless carriers, to provide the Site), and worldwide (because the Internet is global in reach) (the “License”). You represent and warrant that you own or otherwise have the right to grant the License set forth above to all Content submitted through the Site or via the contact information provided on the Site. You also represent and warrant that the Content you submit does not violate any privacy rights, publicity rights, trademarks, copyrights, contract rights or other rights of any person or entity.

5. Proprietary Rights in Other’s Content on the Site.
Drake & Company of Madison, Inc. owns and retains all rights in the content we post to the Site and the Site itself. Our content is protected by copyright, trademark, patent, trade secret, and other laws.

6. Technical Use of Content.
Drake & Company of Madison, Inc. performs technical functions necessary to operate The Site including, but not limited to, the technical processing and transmission of messages and transcoding and reformatting Content to allow its use throughout the Site

7. Messages from Drake & Company of Madison, Inc.  
You agree and acknowledge that Drake & Company of Madison, Inc. may send Messages including, without limitation, notifications of any changes to the website or this Agreement in addition to, special offers, promotions, commercial advertisements, and marketing materials in connection with the Site.

8. Prohibited Activities.
The following are examples of activities that are illegal or prohibited on the Site. Drake & Company of Madison, Inc. reserves the right to investigate and take appropriate legal action against anyone who, in Drake & Company of Madison’s sole discretion, violates this provision, including, without limitation, reporting such activity to law enforcement authorities. Prohibited activity includes, but is not limited to:

  1. Circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site;
  2. Activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  3. Modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any content from the Site other than your Content which you legally submit;
  4. Providing or using “tracking” or monitoring functionality in connection with the Site;
  5. Attempting to modify or dismantle any safety features on any Site page via HTML/CSS or any other means;
  6. Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected with Drake & Company of Madison, Inc.;
  7. Impersonating or attempting to impersonate Drake & Company of Madison, Inc. or a Drake & Company of Madison, Inc. employee, administrator or moderator, another User, person, or entity (including, without limitation, the use of e-mail addresses of or associated with any of the above);
  8. Using or distributing any information obtained from the Site in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  9. Relaying e-mail from a third-party’s mail servers without the permission of that third-party;
  10. Using invalid or forged headers to disguise the origin of any Content transmitted to or through Drake & Company of Madison’s computer systems, or otherwise misrepresenting yourself or the source of any message or Content;
  11. Using any automated system, including, but not limited to, scripts or bots in order to harvest e-mail addresses or other data from the Site for the purposes of sending unsolicited or unauthorized material;
  12. Engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated in any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
  13. Using the Site in a manner inconsistent with any and all applicable law.

9. Third-Party Partner Services.
Partner services created by third-party developers are used to process services and provide updates, and may be additionally used on or in connection with the Site, include, without limitation, applications, websites, desktop, wireless, mobile and other services available from third-parties (“Partner Services”).

When you engage with a third-party Partner Services provider, you are interacting with the third-party, not with Drake & Company of Madison, Inc. Also, Drake & Company of Madison, Inc.  does not control Partner Service providers or their actions. If you choose to use a third-party Partner Service, the provider may use and share your data in accordance with a separate privacy policy not covered or governed by this Agreement. In addition, the provider providing the Partner Service may use other parties to provide portions of the application or service to you including, without limitation, technology, development, or payment services. Drake & Company of Madison, Inc. is not responsible for and makes no warranties, express or implied, as to the third-party Partner Services or the providers of such Partner Services including, but not limited to, the privacy practices thereof. Drake & Company of Madison, Inc. encourages you not to provide any personally identifiable information to any Partner Service provider unless you know and are comfortable with the provider with whom you are interacting.

10. Privacy.
The collection, storage and sharing of your data is governed by Drake & Company of Madison’s Privacy Policy, which can be accessed at www.drakeandcompany.com/privacy-policy.php. It is your responsibility to read and understand our Privacy Policy upon accessing and prior to using the Site.

11. Disclaimers and Limitation on Liability.
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may or may not be lawfully limited. Drake & Company of Madison, Inc. is not responsible for and makes no warranties, express or implied, as to content. In addition, Drake & Company of Madison, Inc. is not responsible for any damage, injury or loss caused by using the Site or by any of the equipment or programming associated with or utilized in the Site or Partner Services. Inclusion of any linked website or service on the Site does not imply approval or endorsement of the linked website or service by Drake & Company of Madison, Inc. When you access these third-party sites and services, you do so at your own risk. Drake & Company of Madison, Inc. takes no responsibility for third-party advertisements or Partner Services that are posted on or in connection with the Site or Partner Services, nor does it take any responsibility for any goods or services provided by these third-parties and providers.

Drake & Company of Madison, Inc. assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, and any communication related to the Site. Drake & Company of Madison, Inc. is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Site or Partner Services or combination thereof, including, without limitation, any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Site or Partner Services. Under no circumstances shall Drake & Company of Madison, Inc. be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Site or Partner Services, attendance at a Drake & Company of Madison event, or from any Content submitted or Drake & Company of Madison, Inc. content posted on or through the Site or Partner Services.

The Site and Partner Services are provided “AS IS” and “AS AVAILABLE” and Drake & Company of Madison, Inc. EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, NON-INFRINGEMENT, OR QUIET ENJOYMENT. Drake & Company of Madison, Inc. cannot guarantee and does not promise any specific results from use of the Site or Partner Services. Drake & Company of Madison, Inc. also cannot guarantee the accuracy of information posted on the Site. IN NO EVENT SHALL Drake & Company of Madison, Inc. BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR PARTNER SERVICES, EVEN IF Drake & Company of Madison, Inc.  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Drake & Company of Madison’s ABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00 DOLLARS.

12. Indemnity.
You agree to indemnify and hold Drake & Company of Madison, Inc., its parents, subsidiaries, affiliates, subcontractors and other partners, and their respective owners, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees made by any third-party due to or arising out of your use of the Site in violation of this Agreement or arising from (i) a breach of this Agreement, (ii) any breach of your representations and warranties set forth in this Agreement, and (iii) from any Content that you post on or in connection with the Site.

13. Changes to Terms.
We may revise this Agreement from time to time by publishing a newer updated version on the Site (the “Updated Agreement”). The updated Agreement will be effective upon your agreement as made on the Site. If we make a change that we believe materially reduces your rights or increases your responsibilities, we will provide notice on the Site prior to the change becoming effective. We may provide notice of revisions in other circumstances and by other means as well. Any such revisions will not apply to any claim brought prior to the effective date of the Updated Agreement incorporating such revisions. We encourage you to periodically review this page for the latest most up-to-date Agreement. Your continued use of the Site is subject to the most current effective version of this Agreement.

14. Governing Law.
This Agreement and any and all claims, disputes, or other legal proceedings by or between you or us including, but not limited to, any such claims or disputes that are in any way related to or arising under this Agreement or your access to or use of the Site, shall be governed by the internal laws of the State of Wisconsin without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. Any claim, dispute, or other legal proceeding shall be brought and litigated exclusively in the state courts located within Dane County, Wisconsin or the federal courts in the Western District of Wisconsin, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes.

15. Entire Agreement, Waiver, Severability and Assignment.
This Agreement, any Additional Terms, and the Privacy Policy, incorporated by reference in Article 15, constitute the entire agreement between you and Drake & Company of Madison, Inc. regarding the use of the Site. This Agreement supersedes all prior proposals, negotiations, agreements, and understandings concerning the subject matter of this Agreement. You represent and warrant that no person or entity has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to enter into this agreement. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provisions of this Agreement are found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the remaining provisions of the Agreement shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of this Agreement are binding and the translations, if any, are provided for convenience only. This Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Drake & Company of Madison’s prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The articles titles in this Agreement are for convenience only and have no legal or contractual effect; as used in this Agreement, the word “including” means “including but not limited to”.

16. Acceptance.
This Agreement is accepted upon your use of the Site.

To contact us with any questions or concerns about this Agreement, please call us at (608) 257-2411 or contact us at our mailing address: 402 Gammon Place, Suite 350, Madison, WI 53719.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT NOT READING THIS AGREEMENT OR CLAIMING IGNORANCE IS NOT A DEFENSE AND I WILL BE BOUND BY ITS CONDITIONS REGARDLESS.