DRAWALERT.COM
Terms of Use
  1. Terms

    Welcome to the website of DrawAlert ("DrawAlert"). The following terms and conditions (these "Terms of Use"), govern your access to and use of www.drawalert.com, including any content, functionality and services offered on or through www.drawalert.com (the "Services").

    By accessing these Services, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.


  2. Use License

    1. The Services in its entirety, including features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by DrawAlert, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
    2. Permission is granted to access and use the Services for personal, internal business purposes only. This is the grant of a non-exclusive, non-transferable and non-sublicensable license, not a transfer of title, and under this license you may not:
      1. modify or copy the materials;
      2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
      3. attempt to decompile or reverse engineer any software contained on the DrawAlert website;
      4. delete or alter any copyright, trademark or other proprietary rights notices from any materials from the DrawAlert website; or
      5. transfer the materials to another person or “mirror” the materials on any other server.
    3. This license shall automatically terminate if you violate any of these restrictions and may be terminated by DrawAlert at any time at its sole discretion. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
    4. No right, title or interest in or to the Services or any content on the DrawAlert website is transferred to you, and all rights not expressly granted are reserved by DrawAlert. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

  3. Scorecard and Other Data and Information

    The Services may contain interactive features that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") ranking, review, or feedback information and data in the form of a digital scorecard (the "Scorecard”") or other format on or through the DrawAlert website.

    Any data you submit to the DrawAlert website during your use of the Services, including without limitation all data or information you submit for the purpose of generating a Scorecard or otherwise providing a ranking, review, or other feedback, will be deemed the confidential and proprietary property of DrawAlert. By submitting data or information to the DrawAlert website during your use of the Services, including without limitation any Scorecard or any data or information contained therein, you assign any and all rights to the data and information to DrawAlert and understand and agree that DrawAlert and its affiliates and service providers, along with each of their respective licensees, successors, and assigns, may use, reproduce, modify, display, distribute, and otherwise disclose any such data or information to third parties.


  4. Disclaimer

    THE SERVICES AND MATERIALS ON DRAWALERT’S WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DRAWALERT MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, DRAWALERT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, COMPLETENESS, LIKELY RESULTS, OR RELIABILITY OF THE SERVICES OR OTHERWISE RELATING TO ANY MATERIALS OR ON ANY SITES LINKED TO THE DRAWALERT WEBSITE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. DRAWALERT DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.


  5. Limitation of Liability

    IN NO EVENT SHALL DRAWALERT OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY OR LOSS OF PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF DRAWALERT OR A DRAWALERT AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE AGGREGATE LIABILITY OF DRAWALERT AND ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED $100. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.


  6. Revisions and Errata

    The Services could include technical, typographical, or photographic errors. DrawAlert does not warrant that any of the materials on its website are accurate, complete, or current. DrawAlert may make changes to the Services at any time without notice. DrawAlert does not, however, make any commitment to update the materials.


  7. Links

    DrawAlert has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by DrawAlert of the site. DrawAlert has no control over the contents of those linked sites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the DrawAlert website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.


  8. Information About You and Your Use of the Services

    All information DrawAlert collects on this Website is subject to our Privacy Policy. By using the services, you consent to all actions taken by drawalert with respect to your information in compliance with the privacy policy.


  9. Changes to the Terms of Use

    DrawAlert may revise these terms of use for its Services at any time without notice. By using the Services you are agreeing to be bound by the then current version of these Terms of Use.


  10. Indemnification

    You agree to defend, indemnify and hold harmless the DrawAlert, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees, including reasonable attorneys' fees, (an “Action”) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your Scorecard, and any use of the DrawAlert website's content, services and products other than as expressly authorized in these Terms of Use.. You agree that DrawAlert will, in its sole discretion, have the right to take immediate control of the investigation and/or defense of any Action and to select and retain counsel of its choice.


  11. Governing Law and Jurisdiction

    All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto shall be governed by the laws of the State of ARIZONA without regard to its conflict of law provisions.

    Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Arizona, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


  12. Geographic Restrictions

    DrawAlert is based in the state of Arizona in the United States and provides the Services for use only by persons located in the United States. DrawAlert makes no claims that the Services or any of its website content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


  13. Waiver and Severability

    No waiver of by DrawAlert of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DrawAlert to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

    If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.