The draperandkramer.com website (also referred to as the “Site”) is provided by Draper and Kramer, Incorporated (“Draper and Kramer”), a Delaware corporation. “Sites” are defined as any websites under Draper and Kramer’s control, whether partial or otherwise (including, without limitation, the Site and any website from which these terms of use were accessed from). This agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions”) upon which you (also referred to herein as “User”) may access and use the Sites.

Terms and Conditions

BY ACCESSING, VIEWING OR USING THE SITES, YOU INDICATE THAT YOU UNDERSTAND AND INTEND THESE TERMS AND CONDITIONS TO BE THE LEGAL EQUIVALENT OF A SIGNED, WRITTEN CONTRACT AND EQUALLY BINDING, AND THAT YOU ACCEPT SUCH TERMS AND CONDITIONS AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY DRAPER AND KRAMER, INCORPORATED TO ACCESS OR OTHERWISE USE THE SITES. ACCORDINGLY, PLEASE EXIT THIS SITE IMMEDIATELY.

Each user must be 13 years of age or older to visit or use the Site in any manner, and, if under the age of 18 or the age of majority as that is defined in such User’s jurisdiction, must use the Site under the supervision of a parent, legal guardian, or other responsible adult. You represent and warrant that you are of sufficient legal age in your jurisdiction to use this Site, or agree to supervise minors who use this Site, and that you will be bound to any legal obligations you may incur as a result of using this Site. You also represent and warrant that you will use the Site in a manner consistent with any and all applicable laws and regulations.

Modifications to these Terms

Please note that Draper and Kramer reserves the right, in its sole discretion, to change the Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of this Site following such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. Accordingly, you should visit this page periodically to review the most current Terms and Conditions because they are binding on you.

Additional Terms

In addition to these Terms, Draper and Kramer may also post additional terms and conditions (“Additional Terms”) that apply to certain services or features we offer on this Site (such as payment services, sweepstakes, contests, message boards, chat rooms, blogs, etc.), and you acknowledge that you will be subject to such Additional Terms when you access these services or features. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state that these Terms will control.

Intellectual Property Rights

The contents available on or from the Sites such as, but not limited to, text, directories, video and audio clips, sound clips, designs, floor plans, graphics, images, logos, button icons, software and other content (collectively, “Content”), unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. All Content is the property of Draper and Kramer or its content suppliers or clients. Except as expressly provided herein, Draper and Kramer does not grant any express or implied right to you relative to the Content. Please be aware that Draper and Kramer actively and aggressively enforces its intellectual property rights to the fullest extent of the law. Draper and Kramer owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content. The Draper and Kramer name, and all other names, logos, and icons identifying Draper and Kramer’s products and services are proprietary marks of Draper and Kramer. Other product and company names mentioned herein might be the trademarks of their respective owners.

Grant of License

This Agreement provides you with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with the Terms and Conditions of this Agreement. You are authorized to view and access a single copy of the Content solely for your personal, noncommercial use. You may print and download materials and information from this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, or otherwise use any information or material obtained from or through this Site without the prior express written permission of Draper and Kramer. As a further condition of use of this Site, you warrant to Draper and Kramer that you will not use this Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You agree not to sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Draper and Kramer or its licensors, that dilutes the strength of Draper and Kramer’s or its licensor’s property, or that otherwise infringes Draper and Kramer’s or its licensor’s intellectual property rights. You further agree to in no other way misuse Content that appears on this Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that Draper and Kramer creates to generate or display any Content or the pages making up any Draper and Kramer Site is also protected by Draper and Kramer’s copyright and you may not copy or adapt such code. Any unauthorized use of any Content from the Site may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.

Modification/Access to Site

Draper and Kramer reserves the right, in its sole discretion, to modify or discontinue the Site, or any portion of the Site, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to the entire Site or any portion of the Site.

Acceptable Site Use

Users may not use the Site in order to transmit, post, distribute, store or destroy material, including without limitation, Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. Users are prohibited from violating or attempting to violate the security of any Draper and Kramer Site, including, without limitation, (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access, (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (iii) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to any Draper and Kramer Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Users are prohibited from using any device, software or routine to interfere or attempt to interfere with the proper working of any Draper and Kramer Site or any activity being conducted on this site. Users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Draper and Kramer Site other than the search engine and search agents available on such Draper and Kramer Site and other than generally available third party web browsers (e.g., Google Chrome or Microsoft Edge). In order to ensure a safe and effective experience for all of our customers, Draper and Kramer reserves the right to limit the amount of data that may be accessed by you in any given time period. These limits may be amended in Draper and Kramer’s sole discretion from time to time.

Privacy Policy

Draper and Kramer considers your personal data to be private and operates this Site by keeping any collected information confidential. Please see Draper and Kramer’s Privacy Policy for a summary of Draper and Kramer personal data collection and use practices. By using this Site, you consent to Draper and Kramer’s collection and use of personal data as outlined therein.

Sweepstakes, Contests, and Promotions

Any sweepstakes, contests or other promotions (“Promotions”) that may be offered via the Site will be governed by a separate set of rules that, in addition to describing such Promotions, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotions, use of submissions you make, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you are eligible and want to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotions. By participating in any Promotions, you will become subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Online Transactions

The Site may provide you with the option to electronically enter into certain transactions related to your proposed or actual rental of an apartment, including but not limited to an application to lease an apartment, certain consents related thereto, a lease agreement for an apartment for which you have been approved to rent, a renewal of an existing lease agreement, and/or payments related to your application for or lease of an apartment. Your use of this Site to enter into such transactions with us is entirely voluntary. However, if you enter into any such transaction via this Site, you consent to doing such transaction in electronic form, and to providing an electronic signature in the form specified on this Site, rather than a handwritten signature, whenever a signature is required in connection with a transaction on this Site. In addition, you understand and acknowledge that all transactions that you enter into via this Site will be legally binding on you just as if they were done on paper, and that your electronic signature in the form specified on this Site will be binding as though you had physically signed such document on paper by hand.

Registration Information

Certain areas of the Site may require registration or may otherwise ask you to provide information in order to participate in certain features, to access certain Content, or to obtain certain services (including “Online Applications and Leasing” as described in more detail below). The decision to register and provide this information is purely voluntary and optional; however, if you elect not to register or provide such information, you may not be able to utilize such portions of the Site.

When you register with the Site, you will be asked to create an account and provide Draper and Kramer with true, accurate, current and complete information about yourself (your “Information”) and, where required, to maintain and update it promptly. Information you submit will be used in accordance with Draper and Kramer’s Privacy Policy. Draper and Kramer reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Draper and Kramer or by third parties. Please see Draper and Kramer’s Privacy Policy, the terms of which are incorporated herein by reference, for further details regarding your Information.

You understand and acknowledge that you have no ownership rights in your account, and that if you cancel your account, your account information from Draper and Kramer may be deleted from Draper and Kramer’s databases. Information may be archived by Draper and Kramer or continue to be available for some period of time because of delays in propagating such deletion through Draper and Kramer’s web servers. In addition, third parties may retain cached copies of your Information.

Password Policy

Your use of certain portions of the Site requires a User ID and password. Anyone with knowledge of your User ID and password can gain access to the restricted portions of this Site and the information available to you. Accordingly, you are responsible for maintaining the confidentiality of your User ID and password, and for restricting access to your computer, or other device you use to connect to the Site, so that others may not access the Site using your User ID and password. By agreeing to these Terms and Conditions, you agree to be solely responsible for the confidentiality and use of your respective User ID and password, as well as for any communications entered through the Sites using your User ID and password. You agree to immediately notify Draper and Kramer if you become aware of any loss or theft of your User ID and password or any unauthorized use of your User ID and password, and further agree to accept responsibility for all activities that occur under your User ID and password until such time as you notify us that your User ID and password have been compromised or otherwise request that we cancel your account. Draper and Kramer shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations. Draper and Kramer reserves the right to delete or change a User ID and/or password at any time and for any reason.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While Draper and Kramer has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Draper and Kramer and its affiliates are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume the sole and complete risk for using this Site.

Enforcing Security

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Draper and Kramer reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. Draper and Kramer will also comply with all court orders involving requests for such information.

Interaction with Third Parties

Draper and Kramer may post advertisements of third parties on this Site, including promotions of advertisers, members, or sponsors showing their goods and services on this Site. Your correspondence, purchases, participation in, or any other dealings with third parties found on this Site are solely between you and such third party. You agree that Draper and Kramer shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site. Moreover, Draper and Kramer shall not be responsible or liable for the accuracy, quality, suitability, currency or content of the statements or conduct of any third party on this Site. You shall not knowingly or intentionally interfere with the display of any such advertisement.

Links to Other Sites

Draper and Kramer may provide links, in its sole discretion, to other sites on the World Wide Web (“Third Party Websites”) for your convenience in locating related information and services. These sites have not necessarily been reviewed by Draper and Kramer and are maintained by third parties over which Draper and Kramer exercises no control. Moreover, these links do not imply an endorsement of any third party or any website or the products or services provided by any third party. Your dealings with such Third Party Websites are solely between you and such third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms and Conditions, Draper and Kramer` is not responsible for, and does not provide or make any representations or warranties with respect to, the content, the accuracy or currency of the information, products, services, personal information practices, ownership, or legality of any such linked Third Party Websites unless expressly stated by us. Your use of such Third Party Websites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services. Your access to and use of such Third Party Websites is solely at your own risk, and you agree that we will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Websites.

User Content and Submissions

You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by a User on or through any Site (“User Content”) is the sole responsibility of the person from which such User Content originated. Draper and Kramer claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Draper and Kramer and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Draper and Kramer, you grant Draper and Kramer a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through Draper and Kramer. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Draper and Kramer a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Draper and Kramer services. Draper and Kramer reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion. You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant, the license stated above. If you post User Content in any public area of any Site, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Site retains any and all rights that may exist in such User Content. Draper and Kramer acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Draper and Kramer may review and remove any User Content that, in its sole judgment, violates these Terms and Conditions, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, users. Draper and Kramer reserves the right to expel Users and prevent their further access to the Sites and/or use of the Services for violating the Terms and Conditions or applicable laws, rules or regulations. Draper and Kramer may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Draper and Kramer, damage Draper and Kramer’s brand or public image, or cause Draper and Kramer to lose (in whole or in part) the services of its ISPs or other suppliers. Draper and Kramer does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. The following is a partial list of User Content that is prohibited on the Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Prohibited User Content includes content that:

is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;

harasses, incites harassment or advocates harassment of any group or individual;

involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

contains restricted or password only access pages, or hidden pages or images;

displays or links to pornographic, indecent or sexually explicit material of any kind;

provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;

provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; or

solicits passwords or personal identifying information from other users.

Any profile you submit must describe you, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not you. You may not include in your profile any telephone numbers, street addresses, email addresses or other means of contacting you, other than your last name and URLs. In order to protect our Draper and Kramer users from commercial advertising or solicitation, Draper and Kramer reserves the right to restrict the number of e-mails which a User may send to other users to a number which Draper and Kramer deems appropriate in its sole discretion. If notified by a user of User Content or other materials which allegedly do not conform to these Terms and Conditions, Draper and Kramer may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Draper and Kramer has no liability or responsibility to users for performance or nonperformance of such activities.

Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement

If you believe that your copyrighted work or trademark has been uploaded, posted or copied to any Site and is accessible on such Site in a way that constitutes copyright or trademark infringement, please contact our designated agent.

By mail:

Draper and Kramer, Incorporated
55 East Monroe St, Suite 3900
Chicago, IL 60603

By telephone:

(312) 346-8600

Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property Rights of Others

Draper and Kramer, and all of its affiliated companies respect the intellectual property of others, and Draper and Kramer asks Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the Sites, you agree not to use any Site to infringe the intellectual property rights of others in any way. Draper and Kramer may terminate the accounts of any User, and block access to the Sites of any User who infringes the copyrights, or other intellectual property rights, of others. Draper and Kramer reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked.

Draper and Kramer’s Liability

Draper and Kramer does not screen or censor the Profiles or User Content on the Sites. Draper and Kramer is not involved in the actual communications between Draper and Kramer users. As a result, Draper and Kramer has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Sites and makes no representations about any Profile or User Content on the Sites. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Because user authentication on the Internet is difficult, Draper and Kramer cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Site, in the event that you have a dispute with one or more users, you release Draper and Kramer (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Events Beyond Draper and Kramer’s Control

You expressly absolve and release Draper and Kramer from any claim of harm resulting from a cause beyond Draper and Kramer’s control, including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

DISCLAIMERS

WHILE DRAPER AND KRAMER ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE MATERIALS AVAILABLE, THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS THAT MAY AFFECT THE QUALITY OF THE INFORMATION, PRODUCTS OR THIRD-PARTY CONTENT. MOREOVER, DRAPER AND KRAMER MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. DRAPER AND KRAMER DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Draper and Kramer IS NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON THIS SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS SITE. DRAPER AND KRAMER MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, QUALITY, COMPLETENESS, TIMELINESS, CURRENCY, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED OR CONTAINED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, AND SERVICES LINKED TO, DOWNLOADED FROM, DISTRIBUTED THROUGH OR ACCESSED FROM THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM DRAPER AND KRAMER THROUGH OR FROM ANY OF THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE FORM, CONTENT AND ACCURACY OF ANY MATERIAL CONTAINED THEREIN PLACED BY YOU ON THE SITES.

IN NO EVENT SHALL DRAPER AND KRAMER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DRAPER AND KRAMER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY FOR DRAPER AND KRAMER FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE AMOUNT OF $100 US DOLLARS.

Submissions

Draper and Kramer also welcomes your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, however, will be deemed to include a royalty-free, worldwide, perpetual, irrevocable, nonexclusive right and license for Draper and Kramer to, in whole or in part, adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You hereby waive any claim to the contrary.

Indemnity

You agree to defend, indemnify, and hold harmless Draper and Kramer and its affiliates and all of their past and present employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of this Agreement.

Governing Law

This Agreement has been made in and will be construed and enforced in accordance with Illinois law, as applied to agreements entered into and completely performed in Illinois. Any action to enforce this Agreement will be brought in the federal or state courts presiding in Illinois, U.S., and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Draper and Kramer from its offices within the United States. Draper and Kramer makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from other locations, you do so on your own volition and are responsible for compliance with any applicable local laws. Draper and Kramer makes no claims that the Content may be lawfully viewed or accessed outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access any Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Term and Termination

This Agreement will take effect at the time you begin using this Site (thereby indicating acceptance of these Terms and Conditions). Draper and Kramer reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice. Draper and Kramer reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from the Sites and immediate termination of your registration with or ability to access the Sites and/or any other services provided to you by Draper and Kramer, upon any breach by you of these Terms and Conditions or if Draper and Kramer is unable to verify or authenticate any information you submit to the Sites or pursuant to registration. Even after you are no longer a User of the Sites, certain provisions of these Terms and Conditions will remain in effect.

Waiver

Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Draper and Kramer of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

Severability

If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

Visitor/Draper and Kramer

No joint venture, partnership, employment, or agency relationship exists between you and Draper and Kramer as a result of this Agreement or your utilization of this Site.

Entire Agreement/Reservation of Rights

These Terms and Conditions and Draper and Kramer’s Privacy Policy, the latter of which is hereby incorporated as if set forth fully in these Terms and Conditions, represents the entire agreement between you and Draper and Kramer with respect to your use of and this Site and any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Draper and Kramer with respect to this Site. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, certain areas of the Sites are subject to additional Terms. By using such areas, or any part thereof, you agree to be bound by the additional Terms applicable to such areas.

Contact Information

If you have any questions or concerns with respect to these Terms and Conditions, or the Site, you may contact us by e-mail at dkmarketing@draperandkramer.com.

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