drapefit.com owns and operates this website (hereafter, the "Site," which shall also include any other websites owned or operated by drapefit.com, services related to such operation, or any communications related to drapefit.com). All references hereafter to drapefit.com shall include drapefit.com and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of drapefit.com.
By using the Site, you, the user of the Site ("you" or "user"), agree to the terms, conditions, notices and guidelines contained in this Terms and Conditions of Use Agreement (the "Agreement") and all modifications hereto. drapefit.com reserves the right, at its discretion, at any time, to change or modify the terms and conditions of this Agreement applicable to you, or any part thereof and to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately. Each time you use the Site terms and conditions set forth in this Agreement shall apply to such use.
Users of the Site should periodically check for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement on the Site, or by other means by which you obtain notice thereof means you accept those changes.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE PRODUCTS OR SERVICES PROVIDED BY THE SITE.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
drapefit.com RESERVES THE RIGHT TO REFUSE OR REVOKE SERVICE TO YOU OR ANY USER AT ANY TIME.
drapefit.com SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO MONITOR THE CONTENT OF THE SITE AND USE THEREOF TO DETERMINE COMPLIANCE WITH THIS AGREEMENT.
1. Intellectual Property. The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, "the Intellectual Property") are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by drapefit.com or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of drapefit.com and protected by U.S. and international copyright laws. All software used on the Site is the property of drapefit.com or commercial software suppliers and is protected by U.S. and international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site ("Site Materials") subject to the following conditions:
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any Site Material or elements from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site's design, or other "Trademarks" as defined below, without the express written permission of drapefit.com, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any Site Materials on any other website or networked computer environment is prohibited.
2. User Submissions. Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Site by Users ("Submitted Materials") are submitted with the express understanding that the Submitted Materials may be used without limitation by drapefit.com or any of its affiliates, in whole or in part, for any purpose in perpetuity, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media. You additionally agree that drapefit.com is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submitted Materials, you are conferring to drapefit.com a perpetual non-exclusive license to use the Submitted Materials for any and all purposes.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY MESSAGE BOARDS OR OTHER PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to drapefit.com, (collectively, the "Trademarks"), displayed on the Site are the trademarks of drapefit.com and other parties. All rights reserved. Nothing contained in the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of drapefit.com or the third party that owns the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. Any other trademarks appearing on drapefit.com which are not the property of the Site are the property of the respective owners.
4. User Responsibilities. You agree that you will conduct yourself in a mature manner that lends itself to civil discourse, and that you shall use drapefit.com for lawful purposes only. Further, you agree not to use any facilities or resources available on or through drapefit.com to perpetrate prohibited conduct, whether against drapefit.com or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, unauthorized copying of Submitted Materials, Site Materials or Intellectual Property, pornography, unsolicited advertising, postings which are deemed excessive in number or deemed to be initiated to harm the business of drapefit.com, or other communication that creates a nuisance or is otherwise offensive to the recipient or the drapefit.com audience. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person's name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of drapefit.com submit any materials which contains advertising or any solicitation with respect to products or services, including any on-line information services competitive with drapefit.com. Site shall have the right, in its sole discretion to edit or remove any material portion of the Submitted Materials, which in its sole discretion, it finds to be in violation of the provisions of this agreement or otherwise objectionable. You will not interfere with or disrupt drapefit.com or any server or network used to support drapefit.com, including hacking or network attacks. You will not attempt to access any unauthorized data that is not viewable to the public web.
5. Employee Responsibilities. If you are an employee, consultant, or affiliate of Drape Fit Inc, you agree to abide by our Employee Handbook, PIIA, and Non-Disclosure Agreement when accessing any data at drapefit.com. Drape Fit data is forbidden to be downloaded for any reason without explicit written approval from an authorized member of the management team. You agree not to share your user access or login with any other person other than yourself. You agree to only access company data while in good standing as an active employee, consultant, or affiliate. Termination of your employment immediately revokes all access privileges to company data, regardless of whether your user access has been revoked or not.
7. Limits on Liability. You agree that at no time during or after the term of this Agreement shall drapefit.com be liable for:
drapefit.com may include links to other Internet sites, both related and unrelated to the Site. Additionally, other sites may link to the Site with or without the permission of drapefit.com. Descriptions of or references to individuals, companies, products, services or publications not owned by drapefit.com on the Site or any linked website do not imply any endorsement of such individuals, companies, products, or publications by drapefit.com. shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Site. Further it is acknowledged and agreed that, any actions taken by drapefit.com to improve the user experience of the Site, including by removal of any Submitted Materials or occasional review of postings by individuals on the Site, shall not be deemed to constitute or create a duty by drapefit.com to monitor the content thereof, nor shall it be deemed a basis for any liability by drapefit.com in connection with the Submitted Materials or otherwise without limitation.
8. Termination. In addition and without prejudice to any other legal or equitable remedies available to drapefit.com, drapefit.com may terminate your right to use the Site at any time and for any reason whatsoever. Subject to the "Survivability" provisions of Section 12 below, you may terminate this Agreement by closing your account with drapefit.com
9. Indemnification. You agree to indemnify and hold drapefit.com, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of drapefit.com harmless from all claims, liabilities, losses, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of any parts of the Site, Site Materials or related services or any information posted by you on the Site; (b) your use of any Submitted Materials, products or services offered by third-parties through the Site, including without limitation any damage to any software or hardware as a result of any viruses; (c) your download and/or use of any of the software available for download through any part of the Site; (d) your alleged breach of this Agreement; or (e) the suspension or termination of your Membership as provided in this Agreement.
10. Disclaimer of Warranties. The information, material, services, and products (including the products and services offered through the Site and provided by third parties) included on any part of the Site may include inaccuracies, typographical errors, and other problems.
ALL OF THE SITE MATERIALS, CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, drapefit.com DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. drapefit.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. drapefit.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, NEGLIGENCE, OR FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT drapefit.com IS NOT LIABLE FOR the DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USERS OF drapefdrapefit.com OR ANY CLAIM FOR VIOLATION OF PUBLICITY OR PRIVACY RIGHTS.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
11. Choice of Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Delaware applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the State of Delaware will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. The losing party shall pay all reasonable fees and costs (including attorneys' fees) resulting from any claim or dispute arising from this Agreement.
drapefit.com makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. The Site may contain references to products or services not available in all countries. drapefit.com does not market all of its products or services in all countries. Software from any part of the Site may be subject to U.S. and Canadian export controls.
12. Miscellaneous. This Agreement constitutes the entire agreement between you and drapefit.com and its affiliates, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement must be set forth in writing and acknowledged by an authorized representative of drapefit.com. Sections 1, 2, 3, 5, 6, 7, 8, 9 ,10, 11, and 12 of this Agreement shall survive any termination of Membership or use of the Site. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by drapefit.com at any time.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Equal Opportunity Employer. drapefit.com reserves the right to post information about employment opportunities with the company on any part of the Site. drapefit.com is an equal opportunity employer, employing people without regard to race, sex, religion, nationality, age or disability.
14. Patent Notices One or more patents owned by drapefit.com may apply to this Site and to the features and services accessible via the Site. Portions of this Site operate under one or more pending patents.
15. The Site is owned and operated by drapefit.com, 14090 Southwest Freeway, Suite 300, Sugar Land, Texas, 77478, United States of America. For further information about drapefit.com or the Site, please visit the "Contact Us" section of the Site. You may have this same information sent to you by email by sending a letter to drapefit.com, 14090 Southwest Freeway, Suite 300, Sugar Land, Texas, 77478, United States of America with your email address and a request for this information.
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