LICENSE AND SITE ACCESS
You understand and agree that your use of our website (including mobile site, applications, and other properties) is limited, non-transferable, non-exclusive and a revocable license to access and use our website subject to these terms and conditions, i.e., Drake Holdings, LLC (herein “HowToMoveTheNeedle.com”, “we”, “us”, or “our”) grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Drake Holdings, LLC or our affiliates or suppliers without express written consent. You may not use any meta tags or any other “hidden text” utilizing Drake Holdings, LLC or our affiliates or suppliers names or trademarks without the express written consent. Any unauthorized use terminates the permission or license granted to you. You are granted a limited, non-transferable, nonexclusive and revocable right to create hyperlinks to HowToMoveTheNeedle.com webpages so long as the links do not portray Drake Holdings, LLC or our affiliates or suppliers, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Drake Holdings, LLC or our affiliates or suppliers logos or other proprietary graphic or trademark as part of the link without express written permission. We may terminate your license to use and access our website, for any reason and without giving notice.
MODIFICATIONS AND TERMINATIONS
We may change or modify these terms and conditions from time to time. If such changes or modifications are made, they will be effective immediately upon posting on our website. If you disagree with the changes or modifications, you may not use our website. We may terminate these terms and conditions for any reason and at any time without notice to you. You should read these terms and conditions each time before you use our website. Any questions or concerns regarding these terms and conditions should be sent to us by e-mail to [email protected] or send one from our ‘Contact’ page here »
We do not provide services or sell products or services to children. If you are not at least 18 years old, you may visit and use our website only under the supervision and permission of your parent or legal guardian. If you are a minor, you may not provide us, our affiliates, our suppliers, or other website visitors with any personal information.
When you visit HowToMoveTheNeedle.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications and notices from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site is the property of Drake Holdings, LLC or our affiliates or suppliers or third parties and is protected by United States and international copyright laws. Drake Holdings, LLC and HowToMoveTheNeedle.com, and all other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Drake Holdings, LLC, our affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
Drake Holdings, LLC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright.
USER NAMES AND PASSWORDS
To access certain areas of our website, we may require a user name and password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your user name or password.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. Drake Holdings, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Drake Holdings, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Drake Holdings, LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Drake Holdings, LLC and sublicensees for all claims resulting from content you supply. Drake Holdings, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Drake Holdings, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
The risk of loss and title for any items purchased by you from Drake Holdings, LLC are passed to you upon delivery to the carrier.
PRODUCT AND SERVICE DESCRIPTIONS
Drake Holdings, LLC attempts to be as accurate as possible. However, Drake Holdings, LLC does not warrant that product and service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Drake Holdings, LLC itself is not as described, your sole remedy is to return it in unused condition.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our affiliates, suppliers, or third parties, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
This Site may be accessed from countries other than the United States. This Site may contain products or services or references to products or services that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Except where noted otherwise, the List Price displayed for products or services on our website represents the full retail price listed on the product or service itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item or service offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
Parties other than Drake Holdings, LLC provide services, or sell products mentioned on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their websites. Drake Holdings, LLC does not assume any responsibility or liability for the actions, products, services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY Drake Holdings, LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Drake Holdings, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Drake Holdings, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Drake Holdings, LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; OUR SERVERS; OR E-MAIL SENT FROM Drake Holdings, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Drake Holdings, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. Drake Holdings, LLC IS NOT RESPONSIBLE FOR ANY OBSCENE OR OFFENSIVE CONTENT YOU RECEIVE OR VIEW FROM OTHERS WHILE VISITING OR USING OUR WEBSITE. IF YOU RECEIVE OR VIEW SUCH CONTENT, PLEASE CONTACT US IMMEDIATELY VIA EMAIL AT [email protected] OR SEND ONE FROM OUT ‘CONTACT’ PAGE HERE » SO THAT WE CAN INVESTIGATE. ALTHOUGH WE ARE NOT OBLIGATED TO DO SO, WE RESERVE THE RIGHT TO MONITOR, INVESTIGATE AND REMOVE OBSCENE OR OFFENSIVE MATERIAL POSTED TO OUR WEBSITE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting or using our website, you understand and agree that you will indemnify, defend and hold Drake Holdings, LLC, our affiliates, and suppliers harmless from any liability, claim, expense or other loss, including reasonable attorney fees and costs, arising from your visit or use of our website or your violation of these terms and conditions.
By visiting and using HowToMoveTheNeedle.com, you agree that the laws of the state of Colorado, without regard to principles of conflict of laws, will govern these terms and conditions of use, and you consent to the exclusive jurisdiction of the state and Federal courts located in Durango, CO to resolve any dispute that may arise between you and Drake Holdings, LLC.
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ACCEPTANCE OF USE
These terms and conditions of use, including the policies incorporated herein by express reference, constitute your entire acceptance of use with regard to your visiting and using our website.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Drake Holdings, LLC the written information specified below at the address indicated. Please note that this procedure is exclusively for notifying Drake Holdings, LLC that your copyrighted material has been infringed.
- 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 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.
Your notice of claims of copyright infringement on this site should be sent to us using the contact details below.
Last updated July 2019