Terms Of Use

Agreement Between User and Drake

This website and other related websites and mobile applications (collectively referred to as the "Sites") comprise various web pages and services operated by PowerBasic Tools, LLC (“PowerBASIC”, "we", "us" or "our"). The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Sites constitutes your agreement to these Terms.

Modification of These Terms

PowerBASIC reserves the right to change the terms, conditions, and notices under which the Sites are offered, including but not limited to the charges associated with the use of the Sites. We will notify you of material changes to these terms by posting through our Sites or by emailing you with the contact information you provide us.

Links to Third Party Websites

The Sites may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of PowerBASIC and PowerBASIC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PowerBASIC is not responsible for webcasting or any other form of transmission received from any Linked Site. PowerBASIC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PowerBASIC of the site or any association with its operators. PowerBASIC accepts no responsibility for Linked Sites or for any loss or damage that may arise from your use of Linked Sites. If you access any Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Linked Sites.

Use of Cookies

The Sites use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. One way a cookie saves you time is by telling the web server that you have returned to a specific page. For example, if you personalize a page on one of the Sites, or register with a Site or its services, a cookie helps the Site recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to a Site, the information you previously provided can be retrieved, so you can easily use the Site's features that you customized.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to refuse or restrict cookies. If you refuse or restrict cookies, you may not be able to fully experience the interactive features of the Sites' services or the features of other websites you visit. For more information on the information we collect on the Sites and how we use it, please see our Privacy Policy.

No Unlawful or Prohibited Use

As a condition of your use of the Sites, you warrant to PowerBASIC that you will not use any of the Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use any of the Sites in any manner which could damage, disable, overburden, or impair any of the Sites or interfere with any other party's use and enjoyment of any of the Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

Use of Communication Services

The Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using and enjoying the Communication Services;
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  • Violate any applicable laws or regulations. 

PowerBASIC has no obligation to monitor the Communication Services. However, PowerBASIC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PowerBASIC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. 

PowerBASIC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, in PowerBASIC's sole discretion. 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PowerBASIC does not control or endorse the content, messages, or information found in any Communication Service, and therefore, PowerBASIC specifically disclaims any liability arising from or relating to any Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PowerBASIC spokespersons, and their views do not necessarily reflect those of PowerBASIC.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to PowerBASIC or Posted on Any of the Sites

PowerBASIC does not claim ownership of the materials you provide to PowerBASIC (including feedback and suggestions) or post, upload, input, or submit to any of the Sites or their associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you are granting PowerBASIC, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. PowerBASIC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PowerBASIC's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POWERBASIC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

POWERBASIC, ITS AFFILIATES, AND/OR THEIR SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OFFERED THROUGH THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. POWERBASIC, ITS AFFILIATES, AND/OR THEIR SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OFFERED THROUGH THE SITES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

IN NO EVENT SHALL POWERBASIC, ITS AFFILIATES, AND/OR THEIR SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF ANY OF THE SITES, THE DELAY OR INABILITY TO USE ANY OF THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OFFERED THROUGH ANY OF THE SITES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF ANY OF THE SITES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF POWERBASIC, ITS AFFILIATES, AND/OR THEIR SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO POWERBASIC FOR THE SOFTWARE OR PRODUCTS THAT ARE SUBJECT TO THE CLAIM.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. 

SERVICE CONTACT: support@powerbasic.com

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD POWERBASIC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, COSTS, EXPENSE, DAMAGES, AND DEFICIENCIES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND REASONABLE ATTORNEY FEES, WHICH DIRECTLY OR INDIRECTLY ARISE OUT OF YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE SITES, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THE COMMUNICATION SERVICES, ANY USE OF THE SITES' CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS.

Termination/Access Restriction

PowerBASIC reserves the right, in its sole discretion, to terminate your access to the Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms of Use are governed by the laws of the State of North Carolina, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Macon County, North Carolina, U.S.A. in all disputes arising out of or relating to any of the Sites. Use of any of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and PowerBASIC as a result of your use of any of the Sites. PowerBASIC's compliance with these Terms of Use is subject to existing laws and legal process, and nothing contained herein is in derogation of PowerBASIC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of any of the Sites or information provided to or gathered by PowerBASIC with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Intellectual Property Rights; Copyright and Trademark Notices

The Sites, and all features and functionality (including all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by PowerBASIC, its licensors or other suppliers of such materials and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual or proprietary rights laws. The names of actual companies and products mentioned on the Sites are the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to PowerBASIC's copyright agent, designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"), the written notice ("DMCA Notice") must include the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow PowerBASIC to locate that material;
  • Adequate information by which PowerBASIC can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive DMCA Notices is:

Attn: Copyright Agent
PowerBASIC Tools, LLC
235 E. Palmer St.
Franklin NC, 28734

828-524-2922
support@powerbasic.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

ALL INQUIRIES THAT DO NOT COMPLY WITH THE FOREGOING PROCEDURE WILL RECEIVE NO RESPONSE.

Questions about these Terms

If you have questions about these Terms, please contact us at:

support@powerbasic.com