DRAPERINC.COM
WEB SITE USE AGREEMENT
TERMS OF USE
[Privacy Policies—See
Below]
RESTRICTED USE OF WEB SITE
Welcome to Draperinc.com. We encourage you to browse and use Draperinc.com
to review our products and services, as long as you agree to this Web Site
Use Agreement. This website is intended only for use by current or potential
customers of Draper, Inc., and its affiliates ("Draper," "us," or "our").
You may order our products and services through one of our authorized dealers.
To arrange for an authorized dealer in your area to contact you, please Click
Here. "You" or "your" means the users of Draperinc.com.
If the user is not an individual, then "you" means your company,
its officers, members, agents, successors and assigns.
Draper provides the services (the "Services") available
at the domain and sub-domains of www.Draperinc.com ("Draperinc.com")
to users subject to these Terms of Use, our Privacy Policies, and other terms
and conditions provided in this document or on Draperinc.com ("Policies").
In addition, when using particular services in Draperinc.com, guidelines or
rules may be posted which are applicable to your use of those services. Your
use of Draperinc.com and your relationship with Draper are subject to all Policies
all of which are incorporated by reference into this Web Site Use Agreement.
Please read this Web Site Use Agreement carefully before accessing
or using Draperinc.com. Accessing Draperinc.com signifies your
agreement to be bound by all of the Policies contained in the most
current version of this Web Site Use Agreement posted on Draperinc.com.
Draper reserves all rights and remedies it may have at law and
equity against persons using Draperinc.com who do not agree to
be bound by the Policies. IF YOU DO NOT AGREE TO BE BOUND
BY ALL THE POLICIES OR CANNOT COMPLY WITH THE POLICIES, DO NOT
ACCESS OR USE DRAPERINC.COM.
INTELLECTUAL PROPERTY
Draperinc.com is owned and operated by Draper. Draper
is a respected supplier of projection screens, lifts and mounts,
home theater products, window shades, easels, gymnasium equipment,
and other products. To continue to benefit commercially from the
innovation of our products and services, Draper maintains a global
portfolio of intellectual property, including patents, trademarks,
trade dress, copyrights and other intellectual property ("IP").
The designs embodied in the products depicted in this web site
are the property of Draper. Any use of these designs without the
express written consent of Draper is prohibited. Draperinc.com
and all the IP contained on this site are protected under domestic
and international IP laws. You acknowledge that Draper provides
access to web sites that contain content that is protected by IP
rights. You will only use such content in a legal manner, in compliance
with this Web Site Use Agreement.
Patents
Draper patents many of the designs and technical innovations that are used
on our products. Draper may use the term “Patent Pending” on
products that contain an invention for which we have applied for patent protection
with a patent office. Draper may use a patent number (for example, U.S. Patent
No. 6,137,629) on products which are protected by an issued patent. Draper
actively pursues individuals and companies that infringe upon its patents.
If you are interested in distributing or manufacturing items
protected by Draper patents, please click here.
Copyrightable Materials
Draper owns copyrights in this web site, catalogs, drawings, instructions,
specifications, and other items provided through this web site. Copyright
in the pages and in the screens displaying the pages, in the content of those
screens and pages, and in the selection, coordination and arrangement of
that content, is owned by Draper unless otherwise indicated. No part of the
materials made available may be reproduced, stored in a retrieval system,
or transmitted, in any form or by any means electronic, mechanical, photocopying,
recording, or otherwise without express written consent from Draper. Except
as expressly permitted under copyright law, no copying, redistribution, publication
or commercial exploitation of downloaded material will be permitted without
the express prior written consent of Draper. If you are interested in licensing
such copyrightable materials, please click here.
In the event of any permitted copying, redistribution or publication of copyrighted
material, no changes in or deletion of attribution or copyright or trademark
notices shall be made. All rights are reserved in our copyrightable materials.
Trademarks
Trademarks are words, logos, taglines, phrases and combinations thereof that
identify products and services for a particular company. Trademarks are valuable
property, and protection of this property is provided under United States federal
and state laws, as well as under international trademark laws. All trademarks
used in this web site are property of Draper or the property of their respective
owners. Except as expressly permitted under trademark law, Draper does not
authorize use of its trademarks without express prior written consent of Draper.
Draper controls the use its trademarks by all licensees and authorized parties,
and pursues unauthorized use of its trademarks by parties who do not have a
valid license or permission agreement with Draper. Draper reserves all rights
to object to the use of any Draper trademark.
If you would like to become licensed to use Draper's trademarks,
please contact Draper by clicking here. Draper does not provide legal
advice regarding the proper use of our trademarks. If you have
questions regarding the use of a Draper trademark, please consult
with your legal counsel. If you are a licensee or authorized user
of any Draper trademark, please consult your licensing agreement
and contact Draper by using this form with any questions.
Art, Logos, Trademarks, and Other Supplied Materials
Draper
uses art, logos, and other materials supplied by authorized dealers
and customers ("Artwork") to provide products
and services. Draper assumes no responsibility for determining
the proper ownership or proper use of Artwork. All liabilities
of this nature rest with the authorized dealers and their customers.
Authorized dealers and their customers placing orders with Draper
represent and warrant that they have the authority to order, purchase
and distribute the product with the Artwork specified on the order,
and that the use or display of the Artwork will not violate any
laws or client restrictions. Draper assumes no responsibility for
determining who does or does not have such authority. By submitting
Artwork to Draper for use on a product, authorized dealers and
their customers shall defend and hold harmless Draper for the use
of any Artwork and for breach of this warranty. Authorized dealers
and their customers also shall indemnify, hold harmless, defend
and absolve Draper, its affiliates and licensors from and against
all claims, liabilities and expenses arising out of or related
to any actual or alleged infringement or misappropriation of any
copyright, trademark or other proprietary rights or merchandise.
This indemnification will remain in effect after delivery of the
product or service.
Draper reserves the right to photograph, show as samples, or
use in Draper's advertising the items produced by Draper without
liability as to trademark, copyright or other proprietary rights.
Draper reserves the right to refuse to provide product or service
when it is determined that the Artwork does not meet Draper's standards.
LICENSE AND SITE ACCESS
Draper grants you a limited
license to access and make business use of Draperinc.com.
RISK OF LOSS
All items purchased from Draper are
made pursuant to a shipment contract. The risk of loss and title
for such items pass to you upon Draper's delivery to the carrier.
PRODUCT DESCRIPTIONS
Draper attempts to be as
accurate as possible on all product descriptions that are available
through Draperinc.com. However, Draper does not warrant that product
descriptions or other content of Draperinc.com is accurate, complete,
reliable, current, or error-free. If a product offered on Draperinc.com
is not as described, your sole remedy is to return it in unused
condition.
PRICING
While Draper tries to ensure accuracy,
Draper reserves the right at any time to correct any errors in
pricing or descriptions and to cancel or refuse to accept any order
based on an incorrect price or description. Product and service
prices and specifications are subject to change without notice.
Draper reserves the right to limit quantities. Descriptive, typographic,
or photographic errors are subject to corrections.
Because of custom orders, shipping charges, and other factors,
the final invoice for a product or service may be different than
the original invoice as provided on Draperinc.com to the authorized
dealer. When this occurs, Draper will contact the authorized dealer
by phone or email with the final invoice before processing the
order and credit card or other payment.
CHILDREN
Draper does not intentionally sell products or services
for purchase by children or knowingly collect information from
children. Children under the age of 18 are not authorized to use
Draperinc.com, and parents or legal guardians may not agree to
this Web Site Use Agreement on their behalf.
UNITED STATES AND CANADA ONLY
All materials on
Draperinc.com are provided for the purpose of providing Services
in the United States and Canada. Draper makes no representations
that the materials on the site are appropriate or available for
use in other locations. If, despite these conditions, you use Draperinc.com
from outside of the United States or Canada, you are solely responsible
for compliance with any applicable foreign or local laws.
MODIFICATION
Draper reserves the exclusive right,
at our discretion, to update, change, modify, add, or remove portions
of Draperinc.com and the Policies from time to time including,
but not limited to, content, hours of availability, and system
requirements. The effective date of the latest version of the Policies,
as stated below, indicates the last time the Policies were materially
modified. Checking the effective date below allows you to determine
whether there have been material modifications since the last time
you reviewed the Policies.
The Policies were last materially modified on 06/06/2005.
You can review the most current version of the Policies at any
time at Draperinc.com or by Clicking Here. Your continued use of
Draperinc.com following change in the Policies will constitute
your acknowledgement and acceptance of such change. If you do not
agree to any change, you must immediately stop using and accessing
Draperinc.com.
APPLICABLE LAW
The Policies shall be governed
by the laws of the State of Indiana without giving effect to any
choice or conflict of law provision or rule (whether of the State
of Indiana or any other jurisdiction) that would cause the application
of the laws of any jurisdiction other than the State of Indiana,
provided, however, that disputes concerning patent, federal trademark,
or federal copyright matters shall be governed by federal law.
DISPUTE RESOLUTION
Any controversy or claim arising
out of or relating to this agreement, or the breach thereof, shall
be settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules
including the Optional Rules for Emergency Measures of Protection,
and judgment on the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof. The place of
arbitration shall be Marion County, Indiana.
Either party may apply to the arbitrator seeking injunctive relief
until the arbitration award is rendered or the controversy otherwise
is resolved. Either party also may, without waiving any remedy
under this agreement, seek from any court having jurisdiction located
in Marion County, Indiana, any interim or provisional relief that
is necessary to protect the rights or property of that party, pending
the establishment of the arbitral tribunal (or pending the arbitral
tribunal's determination of the merits of the controversy).
SEVERABILITY
If any portion of this Web Site
Use Agreement shall be deemed invalid, void, or for any reason
unenforceable, that portion shall be deemed severable and shall
not affect the validity and enforceability of any remaining portions
of this Web Site Use Agreement. If a court of competent jurisdiction
finds any portion this Web Site User Agreement invalid or unenforceable,
such portion shall be given the maximum effect permitted under
applicable law, and the remainder of this Web Site Use Agreement
shall remain valid and fully enforceable according to its terms,
and the invalid or unenforceable portion shall be replaced with
a valid and enforceable provision that most closely reflects the
intention of Draper.
NO WARRANTY
The information, materials and services
provided in Draperinc.com are provided on an "as is" and "as
available" basis
without warranty of any kind, implied, express or statutory, including,
but not limited to, warranties of title or non‑infringement,
implied warranties of merchantability or fitness for a particular
purpose, and freedom from computer virus, other than those warranties
that are implied by, and incapable of exclusion, restriction or
modification under the laws applicable to this agreement. All use
of the Services (including but not limited to the accessing and
use of content, information and services, the purchase of products
and services, the transmission of information and other communications
by and to you, and the downloading of computer files) is at your
sole risk. Draper does not warrant the accuracy, adequacy or completeness
of this information and materials and expressly disclaims liability
for errors or omissions in this information and materials.
LIMITATION ON LIABILITY
In no event will Draper
be liable for any damages, including without limitation direct
or indirect, special, incidental, or consequential damages, losses
or expenses arising out of or in connection with Draperinc.com
or use thereof or inability to use by any party, or 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 Draper, or representatives thereof,
are advised of the possibility of such damages, losses or expenses.
Hyperlinks to other internet resources are at your own risk; the
content, accuracy, opinions expressed, and other links provided
by these resources are not investigated, verified, monitored, or
endorsed by Draper.
TERM AND TERMINATION
This Web Site Use Agreement
is effective from your acceptance of the Policies, which is indicated
by first use of Draperinc.com. Draper may terminate this Web Site
Use Agreement any time without notice.
Upon termination of this Web Site Use Agreement, all rights granted
to you under this Web Site Use Agreement shall terminate immediately.
Draper's right to enforce the provisions of this Web Site Use Agreement
shall survive termination of this Web Site Use Agreement.
NOTICE
All notices required or permitted under
this Web Site Use Agreement shall be in writing, shall reference
this Web Site Use Agreement and shall be deemed given upon receipt
when sent by registered or certified mail, return receipt requested,
postage prepaid or commercial overnight carrier, with written verification
of receipt. All communications shall be sent to the address set
forth below or to such other address as may be designated by Draper
by providing notice through disclosure in this Web Site Use Agreement.
Draper, Inc.
Privacy Officer
411 South Pearl Street
Spiceland, Indiana 47385
With a copy to
Draper, Inc.
Advertising Department
411 South Pearl Street
Spiceland, Indiana 47385
Notice of material breach of this Web Site Use Agreement or termination
of any portion of this Web Site Use Agreement will be provided
by posting on Draperinc.com, regular mail, or electronic mail,
if available.
INDEMNIFICATION
You shall defend, indemnify and hold Draper harmless from and against any and
all claims and expenses, including reasonable attorneys' fees, arising out
of or related in any way to your use of Draperinc.com.
WAIVER
No waiver of any default or breach of
this Web Site Use Agreement by Draper shall be deemed a continuing
waiver or a waiver of any other breach or default, no matter how
similar. Draper's failure to insist upon or enforce strict performance
of any provision of this Web Site Use Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between parties nor trade practice shall act to modify any provision
of this Web Site Use Agreement.
FORCE MAJEURE
The obligations of Draper are subject
to and contingent upon the absence of interference or interruptions
such as strikes, riots, war, invasion, fire, explosion, accident,
delays in carriers, acts of God and all other delays beyond Draper's
reasonable control, and any interference with the obligation of
Draper for any such reason shall not be deemed a breach of this
agreement.
ENTIRE AGREEMENT
This Web Site Use Agreement
constitutes and contains the entire agreement between the parties
with respect to the subject matter hereof and supersedes any prior
oral or written agreements. Each of the parties acknowledges and
agrees that the other has not made any representations, warranties
or agreements of any kind, except as may be expressly set forth
herein.
PRIVACY POLICIES
PRIVACYNOTICE
Draper
collects, retains, and uses information about users of this site
only for specific business purposes, including to protect and administer
user records and accounts; to comply with certain laws and regulations;
to help design or improve Draper's products and services, and to
understand users' needs so that we can provide them with high-quality
products and service.
If Draper believes it has a legitimate business reason for sharing
identification and other personal information with a third party,
it may share such information with third parties. Draper may also
disclose information about its users to third parties as required
or permitted by applicable law.
What personal information about users does Draperinc.com
gather?
The information we learn from users helps us personalize
and continually improve your shopping experience at Draperinc.com.
Here are the types of information we gather:
- First and last name
- Company name
- User, business, billing, shipping and other addresses
- E-mail address
- Telephone numbers including cell phones
- Description of User (Architect, Dealer, End User, etc.)
- Type of information about Draper's products and services requested
by you
- Types of Draper products and services line and/or individual
items in which you are interested
- Communication preferences
- User comments
To change your information please contact us by phone (1-800-238-7999),
fax (1-765-987-7142), mail (see Notice Section above), or by using this form.
Information You Give Us: We receive and store any information
you enter on Draperinc.com or give us in any other way. You can
choose not to provide certain information, however you might not
be able to take advantage of many of our features. We use the information
that you provide for purposes such as responding to your requests,
customizing future orders for you, improving our business and communicating
with you.
In addition, we may also use standard software to collect non-identifying
information about users of our web site, such as:
- Date and time our site was accessed;
- IP address (a numeric address given to servers connected to
the Internet);
- Web browser used;
- Operating system used; and
- Web pages visited.
Automatic Information.
We receive and store certain types of information whenever
you interact with us. For example, like many web sites, we use "cookies," and
we obtain certain types of information when your Web browser accesses
Draperinc.com. A number of companies offer utilities designed to
help you visit web sites anonymously. Although we will not be able
to provide you with a personalized experience at Draperinc.com
if we cannot recognize you, we want you to be aware that these
tools exist.
E-mail Communications.
To help us make e-mails
more useful and interesting, we often receive a confirmation when
you open e-mail from Draperinc.com if your computer supports such
capabilities. We also compare our user lists to lists received
from other companies in an effort to avoid sending unnecessary
messages to our users. When you send e-mails to us, you are communicating
with us electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail or by
posting notices on Draperinc.com. All agreements, notices, disclosures
and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
How secure is information about me?
Draper uses
reasonable security procedures and practices to protect information
gathered on Draperinc.com from unauthorized access, destruction,
use, modification, or disclosure.
It is important for you to protect against unauthorized access
to your account, password, and to your computer. Be sure to sign
off when finished using a shared computer.
Does Draper share the information it receives?
Information about our users is an important part of our
business, but we are not in the business of selling it to others.
We share user information only as described herein and with subsidiaries
Draper controls that either are subject to this Privacy Notice
or follow practices at least as protective as those described in
this Privacy Notice.
Agents: We employ other companies and individuals to perform
functions on our behalf. Examples include fulfilling orders, delivering
packages, sending postal mail and e-mail, removing repetitive information
from user lists, analyzing data, providing marketing assistance,
providing search results and links (including paid listings and
links), processing credit card payments, and providing customer
service. These agents have access to personal information needed
to perform their functions, but they may not use it for other purposes.
Promotional Offers: Sometimes we send offers to selected groups
of users on behalf of other businesses. When we do this, we do
not give that business your information. We do not give your information
to other companies for their direct marketing use.
Business Transfers: As we continue to develop our business, we
might sell or buy companies, subsidiaries, or business units. In
such transactions, user information generally is one of the transferred
business assets but remains subject to the promises made in any
pre-existing Privacy Notice (unless, of course, the user consents
otherwise). Also, in the unlikely event that Draper or all of its
assets are acquired, user information will be one of the transferred
assets.
Protection of Draper and Others: We release account and other
personal information when we believe release is appropriate to
comply with the law; enforce or apply our Policies and other agreements;
or protect the rights, property, or safety of Draper, our users,
or others. This includes exchanging information with other companies
and organizations for fraud protection and credit risk reduction.
Obviously, however, this does not include selling, renting, sharing
or otherwise disclosing personally identifiable information from
users for commercial purposes in violation of the commitments set
forth in this Privacy Notice.
In addition to actions and disclosures specifically authorized
by statute or authorized elsewhere in this Web Site Use Agreement,
Draper shall have the right (except where prohibited by law notwithstanding
your consent), but not the obligation, to monitor content on Draperinc.com
and to disclose any information to protect their respective rights,
property and/or operations, and where circumstances suggest that
individual or public safety is in peril. You hereby consent to,
and expressly waive such rights as you may have under any laws
or otherwise to limit or prohibit such actions or disclosures.
With Your Consent: Other than as set out above, you will receive
notice when information about you might go to third parties and
you will have an opportunity to choose not to share the information.
Draper reserves the right to resolve system problems using means
including, but not limited to, examining accounting logs and other
records, accessing an account's mailbox and any other means necessary
to ensure proper functioning of the system. Draper does not guarantee
the security of any data on the system including data transmitted
using secure servers. Draper assumes no liability for the loss
of private or confidential material. Draperinc.com users should
be aware that no computer system/network is completely safe from
system failures or intrusions by unauthorized parties, and therefore
no sensitive material should be passed through the network.
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