Terms of Use
In these Terms of Web Site Use, certain words (particularly capitalized ones)
may have special meanings. If they do, these special meanings are set out in
the "General" section.
General
In these Terms of Web Site Use:
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"Loss" means any loss or damage, however caused (including through negligence)
which may be directly or indirectly suffered.
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"Linked Web Sites" means web sites of people other than Drake which are
hyperlinked from this Web Site.
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"Drake" stands for Drake International Inc. or any other entity in the Drake
group of companies, and includes any of the directors and employees of Drake or
any of its affiliates or any other person contributing to this Web Site.
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this "Web Site" means the whole or any part of the web pages located at
www.drakeintl.com (including the layout of this Web Site; individual elements
of the Web Site design; underlying code elements of this Web Site; or text,
sounds, graphics, animated elements or any other content of this Web Site).
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"we" and "us" refer to Drake and "our" has a similar meaning.
These Terms of Web Site Use shall be governed by and construed in accordance
with the laws of the State of California, as if entered into and to be wholly
performed in California and without regard to California conflicts of law
principles, and any claim or suit arising out of or relating to these Terms of
Web Site Use may be brought and maintained only in a court of competent subject
matter jurisdiction in the State of California, with each party hereby
voluntarily submitting to the personal jurisdiction thereof. Nothing contained
in these Terms of Web Site Use derogates from Drake's right to comply with law
enforcement requests or requirements relating to your use of this Web Site or
information provided to or gathered by Drake with respect to that use. Unless
we agree otherwise, your access to this Web Site may be terminated at any time
by us without notice. All restrictions, licenses granted by you and all
disclaimers and limitations of liability by Drake will survive termination;
however, you will no longer be authorized to access the Web Site. These are the
current Terms of Web Site Use. They replace any other terms of use for the
Drake Web Site published on this Web Site to date. Drake may at any time amend
these Terms of Web Site Use by publishing the amended Terms of Web Site Use on
this Web Site. You accept that by doing this, Drake has provided you with
sufficient notice of the amendment.
Local laws
It is important to note that information, products, services and promotions may
not be available in all States or jurisdictions outside of the United States.
Please be aware of the laws of your municipality, state or country or that
otherwise apply to you in relation to any of the matters described in the pages
of this Site. If you choose to access this Site from outside of the United
States, you do so on your own initiative and are responsible for compliance
with applicable local, national or international laws.
Disclaimer of Liability
IN NO EVENT SHALL DRAKE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS IN CONNECTION
WITH USE OF THIS WEB SITE OR A LINKED WEB SITE OR USE OF, OR RELIANCE ON,
INFORMATION OR SOFTWARE APPLICATION(S) CONTAINED ON, AND/OR ACCESSED THROUGH
THIS WEB SITE OR A LINKED WEB SITE This general disclaimer is not restricted or
modified by any of the following specific warnings and disclaimers but does not
attempt to exclude liability in relation to those warranties implied by law
which cannot be excluded.
Specific Warnings and Disclaimers
You must ensure that your access to this Web Site is not illegal or prohibited
by laws which apply to you or in your location. We are not liable to you or
anyone else if interference with or damage to your computer systems occurs in
connection with use of this Web Site or a Linked Web Site. You must take your
own precautions to ensure that whatever you select for your use from this Web
Site is free of viruses or anything else (such as worms or trojan horses) that
may interfere with or damage the operations of your computer systems. While we
have made every effort to ensure that the information or any software
application contained on or accessed through our Web Site is free from error,
we do not warrant the accuracy, adequacy, completeness or fitness for any
purpose of this information or software application nor do we warrant that the
information or software application contained on, or accessed through this Web
Site is Year 2000 compliant. In addition, we may, from time to time, change or
add to this Web Site (including these Terms of Web Site Use) or the
information, products or services contained therein without notice. However, we
do not undertake to keep this Web Site updated. We are not liable to you or
anyone else if errors occur in the information on this Web Site or if that
information is not up-to-date. To the extent permitted by applicable law, all
representations, warranties and other terms are excluded. In circumstances
where warranties are implied by law and cannot be excluded, Drake's liability
is limited to the repair, replacement or reimbursement for the goods supplied
by Drake or the replacement or reimbursement for the services supplied by
Drake, at Drake's option.
Copyright
This Web Site is our copyright property and copyright in the material on this
Web Site is owned or licensed by us. Unless we agree otherwise in writing, you
are provided with access to it only for your personal and non-commercial use.
Other than for the purposes of and subject to the conditions prescribed under
the Canadian Copyright Act 1924 as amended and similar statutes that apply in
your location, you may not, in any form or by any means:
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adapt, reproduce, store, distribute, transmit, print, display, perform, publish
or create derivative works from any part of this Web Site; or
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commercialize any information, products or services obtained from any part of
this Web Site, without our written permission.
Trade Marks
Except where otherwise specified, any word or device to which is attached the
trade marks or ® symbol is a trade mark of Drake. If you use any of our
trade marks to refer to our activities, products or services, you must include
a statement attributing that trade mark to us. You must not use any of our
trademarks:
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in or as the whole or part of your own trademarks;
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in connection with activities, products or services which are not ours;
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in a manner which may be confusing, misleading or deceptive;
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in a manner that disparages us or our information, products or services
(including this Web Site).
Linked Web Sites
This Web Site may contain links to Linked Web Sites. Those links are provided
for convenience only and may not remain current or be maintained. We are not
responsible for the privacy practices or the content of Linked Web Sites. Links
to those Linked Web Sites should not be construed as any endorsement, approval,
recommendation, or preference by us of the owners or operators of those Linked
Web Sites, or for any information, graphics, material, products or services
referred to on those Linked Web Sites, even if they contain a Drake logo.
Unless stated otherwise on this Web Site, we have:
a) no relationship with the owners or operators of those Linked Web Sites; and
(b) no control over or rights in those Linked Web Sites.
Product Information and Supply
Material on this Web Site may contain general information about Drake products
and services. Unless expressly stated otherwise, this information:
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does not constitute an offer or inducement to enter into a legally binding
contract; and
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does not form part of the terms and conditions for Drake products and services.
Also, you should be aware that some of the product and services Drake publishes
on its Web Site may not be announced or available in your country. Any
references to such products or services do not mean that Drake intends to make
them available in your country at any time. Please consult your local Drake
representative for more information on the availability our products and
service.
Not offering advice
The Information within is for informational purposes only and is not intended
to provide specific advice for you, and should not be relied upon in that
regard. You should not act or rely on the information within without seeking
the advice of a professional. A Drake consultant can help to ensure that your
own circumstances have been properly considered and that action is taken on the
latest available information.
No warranties
Drake International provides this Site and the Information within on an "as is,
where is" basis and does not make any express or implied warranties,
representations, endorsements or conditions with respect to the Site or the
information within, including without limitation, warranties as to operation,
non-infringement, usefulness, completeness, accuracy, date of information,
reliability and fitness for a particular purpose. Further, Drake International
does not represent or warrant that the Site will be available and meet your
requirements, that access will be uninterrupted, that there will be no delays,
difficulties in use, defects, incompatibility, failures, errors, omissions or
loss of transmitted information, that no viruses or other contaminating or
destructive properties will be transmitted or that no damage will occur to your
computer system. You have sole responsibility for adequate protection and
backup of data and/or equipment and to take reasonable and appropriate
precautions to scan for computer viruses or other destructive properties.
Confidential Information
Drake does not want to receive, either through our Web Site or otherwise, any
information that is confidential or proprietary to you or a third party. You
understand and agree that any information that you send to Drake will not be
considered confidential by us and will therefore not be treated as such. If you
chose to send Drake any information you agree that Drake will, as a result,
have the right to adapt, reproduce, store, distribute, transmit, print,
display, perform, publish or create derivative works based upon the
information. In addition, Drake will be free to use, for any purpose, any
ideas, concepts or techniques you send to us. Notwithstanding the foregoing,
Drake will not disclose your name or the fact that you provided information to
us unless:
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we first receive your consent to use your name;
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we advise you, prior to the publication or use of the information, of our
intention to publish or use the information you provided with your name on it;
or
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if we are required to do so by law.
Internet email
Any unprotected e-mail communication over the Internet is, as with
communication via other mediums (e.g. cellular phones, post office mail), not
secure or confidential, subject to possible interception or loss, and is also
subject to possible alteration. You should not send any confidential,
proprietary or sensitive information via this medium. Drake International is
not responsible for and will not be liable to you or anyone else for any
damages in connection with an e-mail sent by you to Drake International, or an
e-mail sent by Drake International to you.
No endorsements
No endorsement or approval of any third parties or their advice, opinions,
information, products or services is expressed or implied by any information
contained within this site.
No liability
Drake International is not responsible for and will not be liable to you or
anyone else for any damages whatsoever and howsoever caused (including direct,
indirect, incidental, special, consequential, exemplary or punitive damages)
arising out of or in connection with this Site or the information within, or
your access to or use of, or inability to access or use this Site or the
information within, or any action or decision made by you in reliance on this
Site or the information within, or any errors in or omissions from this Site or
the information within, or any unauthorized use or reproduction of this Site or
the information within, even if Drake International has been advised of the
possibility of these damages.
Links/software
Links from or to web sites outside this Site are for convenience only. Drake
International does not review or control, and is not responsible for, any web
sites linked from or to this Site, the content of those web sites, the privacy
practices of those web sites, the third parties named therein, or their
products and services. Linking to any other web site is at your sole risk and
Drake International will not be responsible or liable for any damages in
connection with such linking. In addition, Drake International does not endorse
or approve of any web sites linked from or to this Site.
Links to software are for convenience only and Drake International is not
responsible or liable for any difficulties or consequences associated with
accessing or downloading of any such software. Use of any accessed or
downloaded software is governed by the terms of the applicable license
agreement, if any, which accompanies or is provided with such software.
Jurisdiction
This Site is administered by Drake International from its offices in Australia.
This Site, the information within, the Terms and any subsequent Disclaimers
will be governed by and construed in accordance with the laws of the State of
California, without giving effect to any principles of conflicts of laws, and
notwithstanding your domicile, residence or physical location. All disputes,
controversies or claims arising out of or in connection with this Site, the
information within, subsequent Disclaimers or the Terms shall be submitted to
and be subject to the exclusive jurisdiction of the courts of the State of
California, Orange County. You submit and adhere to the exclusive jurisdiction
of the courts of the State of California to finally adjudicate or determine any
suit, action or proceeding arising out of or in connection with this Site, the
information within, Disclaimers and the Terms.
Information Security is Everyone's Business
The rapid expansion of electronic communication has revolutionized the way we
work and deal with you, our clients. At Drake International, information
security is of paramount importance and our employees are fully aware of their
responsibilities to keep customer information safe, secure and confidential.
Whether you choose to deal with us online, over the telephone, or in person, we
follow strict security procedures to protect your information against
unauthorized access, disclosure, alteration and misuse.
