Terms and Conditions

By using this website, you acknowledge and agree to be bound by the following terms of use and any instructions, policies or guidelines referenced herein (the “Terms of Use”).  If you are accepting the Terms of Use on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so on behalf of such entity. If you do not accept the Terms of Use, then please do not use the Site. 

PLEASE READ THE TERMS OF USE CAREFULLY AND CHECK THEM PERIODICALLY.  THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS SITE.  ALL SUCH CHANGES WILL BE BINDING UPON YOU AS OF THE REVISED EFFECTIVE DATE. YOU MAY NOT AMEND OR MODIFY THE TERMS OF USE UNDER ANY CIRCUMSTANCES.  YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH CHANGE IS POSTED TO THE SITE WILL BE CONSIDERED YOUR ACCEPTANCE OF THOSE CHANGES. IF YOU DO NOT ACCEPT THE TERMS OF USE, THEN DO NOT USE THE SITE. 

1. General

This Site belongs to Dripsie LLC (“Dripsie”, “we”, “our” or “us”). Dripsie reserves the right to withdraw or amend the Site, and any service or Content (defined below) provided on the Site. Dripsie will not be liable if for any reason all or any part of the Site is unavailable at any time for any reason. Dripsie may terminate, suspend or discontinue any aspect of the Site at any time, without notice or liability.  

2. Intellectual Property Rights

As between you and Dripsie, (a) the Site, including, but not limited to, all trademarks, trade names, brand names, logos and images, service marks, trade dress and other intellectual property rights thereto, and (b) all information, materials, software or HTML code, scripts, text, artwork, photography, images, video and audio, and the design, selection and arrangement thereof and all intellectual property associated therewith, that are displayed or contained on the Site (the “Content”), are the sole property of Dripsie and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws and unfair competition laws. All Content is provided as a service to users of the Site. Subject to the limited license set forth below, nothing contained in the Terms of Use shall be construed as conferring any right, title or interest in the Site or the Content.  

3. Limited Right

Upon your acceptance of the Terms of Use, Dripsie grants you a limited, non-transferable, non-sublicensable, non-exclusive, revocable right to access and use the Site and Content for your personal, non-commercial use only. This right is subject to the following restrictions: (i) you may not copy, publish, distribute, perform, display, post, modify, create derivative works from, sell, license, reverse engineer or otherwise exploit the Site or any Content without the prior written permission of Dripsie; (ii) you may not permit any copying of the Content; (iii) you may not remove or alter any copyright, trademark or other proprietary rights notices from copies of the Content from the Site; and (iv) you will not use the Site for any purpose that is unlawful or prohibited by the Terms of Use or any applicable laws or regulations. Dripsie may revoke this limited right at any time for any or no reason. All rights not expressly granted are reserved by Dripsie.  

vigational structure or presentation of the Site; or (l) harvest or collect information about users of the Site without their express consent.   

4. Disclaimers and Limitation of Liability

THE SITE AND ALL CONTENT, AND FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. DRIPSIE DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER DRIPSIE NOR ITS THIRD PARTY PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OR AVAILABILITY OF THE SITE OR CONTENT, OR FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. THE CONTENT ON THE SITE IS PROVIDED FOR GENERAL INFORMATION ONLY AND SHOULD NOT BE RELIED UPON OR USED AS THE SOLE BASIS FOR MAKING DECISIONS WITHOUT CONSULTING PRIMARY, MORE ACCURATE, MORE COMPLETE OR MORE TIMELY SOURCES OF INFORMATION. YOU EXPRESSLY AGREE THAT YOUR USE OF (OR INABILITY TO USE) THE SITE OR SUBMISSION OF INFORMATION, IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DRIPSIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. DRIPSIE DOES NOT REPRESENT OR GUARANTEE THAT THE SITE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND DRIPSIE DISCLAIMS ANY LIABILITY RELATING THERETO. IN NO EVENT WILL THE DRIPSIE INDEMNITEES (AS DEFINED BELOW) BE LIABLE, AND YOU HEREBY WAIVE ANY CLAIM AGAINST THE DRIPSIE INDEMNITEES AND RELEASE THE DRIPSIE INDEMNITEES FROM ANY LIABILITY FOR ANY LOSS OR DAMAGES OF ANY KIND ARISING FROM (A) THE USE OF THE SITE, (B) ANY CONTENT OR FUNCTIONALITY INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, (C) ANY ACTIONS DRIPSIE TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO DRIPSIE, OR (D) THE DELAY OR INABILITY TO USE THE SITE; INCLUDING ALL DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, LAW, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, EVEN IF DRIPSIE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. AT DRIPSIE’s OPTION, DRIPSIE MAY SEEK ALL REMEDIES AVAILABLE TO IT UNDER LAW AND IN EQUITY, INCLUDING INJUNCTIVE RELIEF IN THE FORM OF SPECIFIC PERFORMANCE TO ENFORCE THE TERMS OF USE AND/OR ACTIONS FOR DAMAGES.

 

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH DRIPSIE RELATED IN ANY WAY TO THE USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND DRIPSIE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

 

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.   

5. Indemnification

You will indemnify and hold harmless Dripsie and its affiliates, and our or their respective directors, officers, employees, agents, representatives, licensors and third party providers (collectively, the “Dripsie Indemnitees”), on demand, from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by any of the Dripsie Indemnitees, and shall defend the Dripsie Indemnitees against (1) all claims arising out of or relating to your use of the Site, including that any Submissions or other information, data or materials (whether tangible or intangible) provided by you in connection with your use of the Site or the Terms of Use, or use thereof by any Dripsie Indemnitee, infringes, misappropriates or otherwise violates any trademark, trade secret, patent, copyright or other intellectual property right or proprietary right of a third party; (2) all claims arising out of or relating to fraud committed by, or the intentional misconduct or gross negligence of, you; and (3) all claims arising out of or relating to your failure to comply with, or breach by you of, any provision of the Terms of Use. This indemnification provision does not apply to intentional or reckless acts or gross negligence on the part of the Dripsie Indemnitees.

 

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this section and, in such case, you agree pay for all costs and expenses arising out of or relating to such defense and to cooperate with us in the defense of such matter, at your sole cost and expense.   

6. Jurisdiction and Governing Law

The Terms of Use shall be governed by and construed in accordance with the laws, rules and regulations of the State of Washington without giving effect to any choice-of-law provision or rule (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You hereby irrevocably consent and submit to the jurisdiction and venue of the courts located in the State of Washington for the adjudication of any matter arising out of or relating to the Terms of Use and waive any objection based on improper venue or inconvenient forum. No course of dealing or usage of trade will apply to the Terms of Use. We recognize that it is possible for you to obtain access to the Site from any jurisdiction in the world, but we have no practical ability to prevent such access. The Site has been designed to comply with the laws of the State of Washongton and of the United States. If any Content, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.