Terms & Conditions

Last updated: March 1, 2023

Introduction

Welcome to the Scott Drake® website (the “Site”). This page explains the terms by which you may use our Site. By accessing or using the Site, you signify your agreement to be bound by these Terms of Use.

Please read this page carefully. If you do not accept these Terms of Use, do not use this Site. We reserve the right to modify these Terms of Use at any time without notice, so please check back periodically for updates. Your continued use of this Site constitutes acceptance of any changes.

The following terminology applies to these Terms of Use:

“Scott Drake”, “we”, “us” or “our” refers to Scott Drake LLC, the company that owns and operates this Site.
“You” or “your” refers to the Site visitor or customer.
“Site” refers to the Scott Drake website located at scottdrake.us and all related web pages, content, services, and programs.

Use of Site and Content

Subject to your compliance with these Terms of Use, Scott Drake grants you a limited, personal, non-exclusive, non-transferable, revocable license to view, download, and print content from the Site solely for your personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Site content without our prior written permission.

You agree to use the Site and content only for lawful purposes. You are prohibited from any use of the Site or content that would constitute criminal offense, give rise to civil liability, or violate other law.

Ordering Products

You may have the opportunity to purchase products from Scott Drake through our Site (the “Products”). If you purchase any Products, additional terms and conditions related to the purchase will apply, including shipping, returns, and refund policies. Please read all terms and conditions for any Products carefully before making a purchase. By placing an order for Products through the Site, you agree to be bound by the additional terms related to the purchase.

Scott Drake reserves the right to discontinue offering any Products at any time and may revise, suspend, or discontinue any special offers or promotions at our sole discretion. We cannot guarantee availability of any Products displayed on the Site. All prices are subject to change at any time.

Copyright and Trademarks

The content on the Site, including without limitation the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, services, user interfaces, visual interfaces, algorithms, data, and other information and materials on the Site (collectively, the “Content”) is the property of Scott Drake and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws.

The Scott Drake name and logo are trademarks of Scott Drake LLC. All other trademarks, service marks, trade names, trade dress, product names and logos appearing on the Site are the property of their respective owners. Do not remove, cover, obscure or change any copyright, trademark, service mark or other proprietary rights notices, legends, symbols or labels appearing on the Site or the Content.

User Conduct

You agree not to upload, post, transmit, distribute, store, create derivative works from, or otherwise publish through the Site any of the following:

Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or racially, ethnically or otherwise objectionable;
Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
Unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitation;
Software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Site or servers or networks connected to the Site, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Site;
Content that impersonates any person or entity, including any of our employees or representatives.

You further agree that you will not:

Use the Site for any fraudulent or unlawful purpose;
Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks;
Restrict or inhibit any other person from using the Site;
Reproduce, modify, adapt, translate, create derivative works from, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any part of the Site except as expressly authorized by Scott Drake;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Site or any portion thereof;
Impersonate or misrepresent your affiliation with any person or entity;
Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site; or
Advocate, encourage or assist any third party in doing any of the foregoing.

Scott Drake reserves the right to terminate your access to the Site if we determine, in our sole discretion, that you have violated these Terms of Use or other agreements with us.

Indemnification

You agree to defend, indemnify and hold harmless Scott Drake and its officers, directors, employees, contractors, agents, vendors, suppliers and partners from and against any claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use or misuse of the Site, violation of these Terms of Use, or infringement of any intellectual property or other right of any person or entity. Scott Drake reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate in asserting any available defenses.

Disclaimer of Warranties

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SCOTT DRAKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SCOTT DRAKE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SCOTT DRAKE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Limitations of Liability

UNDER NO CIRCUMSTANCES WILL SCOTT DRAKE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

IN NO EVENT WILL SCOTT DRAKE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE, EVEN IF SCOTT DRAKE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SCOTT DRAKE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SCOTT DRAKE FOR PRODUCTS AND SERVICES DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL SCOTT DRAKE’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO SCOTT DRAKE FOR ANY MEMBERSHIP, SCOTT DRAKE’S LIABILITY SHALL BE LIMITED TO $1000.

Privacy Policy

Please review our Privacy Policy to understand our practices regarding the collection, use and disclosure of your information when you use our Site. The Privacy Policy is incorporated herein by this reference and available at the bottom of the Site.

DMCA Copyright Policy

Scott Drake respects the intellectual property rights of others. If you believe your copyright has been infringed on the Site, please send our Designated Copyright Agent a written Notice containing the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Applicable Law and Venue

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. Any legal action arising out of or relating to the Site or these Terms of Use shall be filed only in state or federal courts located in St. Louis County, Missouri. You hereby irrevocably consent to the exclusive personal jurisdiction of and venue in these courts.

Termination

Notwithstanding any provision contained herein, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site at any time and for any or no reason. We shall not be liable to you or any third-party for termination of your access to the Site.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Scott Drake regarding the subject matter hereof and supersedes any and all prior agreements between you and Scott Drake relating to such subject matter.

Severability

If any provision of these Terms of Use is deemed unlawful, void or unenforceable, then that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.