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| USER AGREEMENT The User Agreement below is effective for all users on December 10, 2002. |
| Welcome to a Draco Digital, LLC affiliated website, which is owned and operated by Draco Digital, LLC and/or a Draco Digital subsidiary, affiliate or related company ("Draco Digital" refers collectively to Draco Digital, LLC and its subsidiaries, affiliates and related companies) ("Site" refers to any site within the Draco Digital system). Draco Digital maintains the Site as a service to its users and visitors, subject to the following terms and conditions concerning the use of the Site ("Terms of Use"). When you use this Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Site. Draco Digital reserves the right to modify content on the Site and these Terms of Use periodically without prior notice. |
| Use of Content on the Site |
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You may view, download, and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein, or by a separate agreement with Draco Digital.
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 Draco Digital without the express written consent of Draco Digital. You may not use any meta tags or any other "hidden text" utilizing Draco Digital or affiliated names or trademarks without the express written consent of Draco Digital. You may not use any Draco Digital or affiliated logos or other proprietary graphics or trademarks as part of the link without express written permission. You do not acquire any ownership rights to any content in the Site. Any unauthorized use terminates the permission or license granted by Draco Digital. |
| Reviews, Comments, Communications, And Other Content |
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You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, 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 the information.
By submitting information, you grant Draco Digital a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. |
| Products and Services Offered By Draco Digital Sites |
| Draco Digital offers products and services on its Sites. When you enroll to obtain a product or service from Draco Digital on any Site, you accept the specific agreement applicable to that product or service. Your use of any such product or service offered on a Site is governed by the terms and conditions in this and any additional agreement for that product or service. Except as provided in any agreement, Draco Digital does not warrant that any product descriptions or content contained in any of its websites is accurate, current, reliable, complete, or error-free. |
| Protection of Draco Digital Information |
| Draco Digital owns trademarks and service marks, and may have patents or trade secrets filed for its systems. |
| Copyright Information |
| The Site and the content within the Sites are the property of Draco Digital or its suppliers and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of the content as well as all software and inventions used on and in connection with this Site are the exclusive property of Draco Digital. Draco Digital reserves all rights in its Sites and its content not specifically granted in any agreements with Draco Digital or in the Terms of Use. |
| Copyright Complaints |
| Draco Digital 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 Infringement |
| Trademark Information |
| Draco Digital, Draco Domains, Draco D-Commerce, Back Alley Software, State Payments, Med-Assistant, Legal-Assistant, First Horizon Merchant Services, 800-CALLKC, THAWTE; and other marks indicated on our site are registered trademarks of Draco Digital or its affiliations in the United States and/or other countries. Other Draco Digital marks, graphics, logos, page headers, button icons, scripts noted on its Sites are Draco Digital's service marks, trademarks and trade dress and are the sole and exclusive property of Draco Digital. Draco Digital's service marks, trademarks and trade dress may not be used in any manner that is likely to cause confusion among customers, in any manner that disparages or discredits Draco Digital and in connection with any service or product that is not sponsored, endorsed or produced by Draco Digital. All other trademarks not owned by Draco Digital or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Draco Digital or its subsidiaries. |
| Privacy Statements |
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Because we respect your right to privacy, we have developed a Privacy Statement to inform you about our privacy practices. You may view the Draco Digital Privacy Statement HERE.
Draco Digital also is concerned with the security of your information on its services, and we have developed a Security Statement, which may be read HERE. |
| Third Party Web Sites and Information |
| Sites may provide hyperlinks to third party websites or access to third party content. Draco Digital does not control, endorse, or guarantee content found in such sites. You agree that Draco Digital is not responsible for any content, associated links, resources, or services associated with a third party site. You further agree that Draco Digital shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only. |
| Disclaimers |
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EXCEPT AS EXPRESSLY STATED IN AN AGREEMENT BETWEEN YOU AND DRACO DIGITAL, ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. DRACO DIGITAL AND ITS SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY DRACO DIGITAL ON THE SITE FOR YOUR INTENDED APPLICATION AND USE. DRACO DIGITAL DOES NOT WARRANT THAT THE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SITE MEET YOUR REQUIREMENTS. SUBJECT TO THE TERMS OF ANY AGREEMENT BETWEEN YOU AND DRACO DIGITAL, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF DRACO DIGITAL, ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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.
This Agreement is subject to change at any time without prior notice, by posting of the revised agreement on any Draco Digital website and you may review the current terms of use prior to initiating a transaction at any time at our User Agreement page. |
| Indemnity |
| You agree to defend, indemnify, and hold harmless Draco Digital, employees, attorneys, and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked web site or (ii) resulting from content you supply. |
| Applicable Laws |
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All matters relating to your access to and use of any Site shall be governed by U.S. federal law or the laws of the States of where the specific website you are viewing is hosted without regard to its conflict of law principles. Any legal action or proceeding relating to your access to or use of any Site shall be instituted in a state or federal court in the jurisdiction in which the specific website you are viewing is hosted.
If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable. |
| Contact |
| If you have any questions about this User Agreement, Draco DigitalŐs information practices, or your dealings with any of Draco Digital's services, you can contact us by emailing info@dracodigital.com, call 620.230.0400 Monday through Friday between the hours of 9am and 5pm CST, or write us at Draco Digital, P.O. Box 4012, Pittsburg, KS 66762. |