Terms Of Service
Last Updated: April 4th, 2016
WELCOME TO DerekRakeHQ WHICH IS OWNED AND OPERATED BY DEREK RAKE, LLC. (“DEREKRAKE”, “WE”, “US” or “OUR”). PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (THESE “TERMS”) CAREFULLY.
BY ACCESSING OR USING THIS WEBSITE, PURCHASING SERVICES OR CLICKING AT THE TIME OF YOUR REGISTRATION FOR THE SERVICES, YOU ARE ENTERING INTO A BINDING AGREEMENT WITH DerekRakeHQ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU ARE NOT PERMITTED TO USE THIS WEBSITE OR THE SERVICES.
These Terms apply to your access to and use of DerekRakeHQ.com and any related websites (collectively, the “Site”) and DerekRakeHQ’s services, applications and features (collectively, the “Services”). If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and DerekRakeHQ for violations of these Terms.
These Terms contain provisions that govern how claims that you and DerekRakeHQ have against each other are resolved (see Dispute Resolution section). These Terms also contain provisions requiring you to resolve certain disputes or claims relating to your use of the Services by binding arbitration, rather than in court. If you do not consent to such terms, you are not permitted to use the Services.
DerekRakeHQ reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of DerekRakeHQ) at any time and in its sole discretion by providing notice that these Terms have been modified. Such notice may be provided by sending an e-mail, by posting a notice on the Site, by posting the revised Terms on the Site and revising the date at the top of these Terms or by such other form of notice as determined by DerekRakeHQ. Any changes or modification will be effective 30 days after providing notice that these Terms have been modified (the “Notice Period”). Your continued use of the Services following the Notice Period will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services and at least every 30 days to make sure that you understand the terms and conditions that will apply to your use of the Services.
The previous amendment to these Terms was effective on February 20, 2013. Please visit our policy updates page, available at https://DerekRakeHQ.com/terms-of-service for a list of past Terms and a summary of important changes that have been made to these Terms since the previous version.
Registration Data & Account Security
In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to DerekRakeHQ, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to DerekRakeHQ.
You are responsible for safeguarding the password that you use to access the Services. When you register for the Services, you should use a strong password, including a combination of upper and lower case letters.
The Services are not intended for users who are under the age of 18. By registering, you represent and warrant that you are 18 years of age or older.
Terms of Sale
Please refer to our Terms of Sale for the terms (to be posted upon release date of paid functionality), conditions and policies applicable to your purchase of services from DerekRakeHQ. By ordering services through on the Site or via the Services, you agree to be bound by and accept the Terms of Sale.
User Content and Conduct
The Services enable you and other users to create, post or store content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or any other items or materials (“User Content”). You agree not to post, upload to, transmit, distribute, store, create or otherwise publish or make available through the Services any of the following:
User Content that is disrespectful towards others, unlawful, libelous, defamatory or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right or the privacy or publicity rights of any party;
Unsolicited promotions, political campaigning, advertising, solicitations or content that is otherwise off-topic or does not pertain to the applicable discussion forum or the Services;
Private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, social security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files; and
User Content that, in the sole judgment of DerekRakeHQ, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose DerekRakeHQ or its users to any harm or liability of any type.
You further agree that you are solely responsible for your conduct while using the Services, and you agree that you will not do any of the following in connection with the Service or its users:
Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
Impersonate or post on behalf or any person or entity or otherwise misrepresent your affiliation with a person or entity;
Cheat or utilize unauthorized exploits in connection with the Services;
Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
Send distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
Harvest or otherwise collect information about users, including e-mail addresses, without their consent;
Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
Circumvent or attempt to circumvent any filtering, copy protection mechanisms, security measures or other features DerekRakeHQ may from time to time adopt to protect the Service, its users or third parties.
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services. DerekRakeHQ takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any User Conduct. Enforcement of the User Content or conduct rules set forth in these Terms is solely at DerekRakeHQ’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. These rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
Although DerekRakeHQ has no obligation to screen, edit or monitor any of the Content posted to the Services, DerekRakeHQ reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense.
You retain all intellectual property rights in and to any User Content that you post, upload or otherwise make available on the Services. Except as otherwise set forth herein, DerekRakeHQ does not claim any right, title or interest in and to your User Content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Unless otherwise indicated in the Services, the Services and all content and other materials contained therein, including, without limitation, DerekRakeHQ logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “DerekRakeHQ Materials”) are the proprietary property of DerekRakeHQ or its licensors or users and are protected by U.S. and international intellectual property laws.
You are granted a personal, limited, non-sublicensable, non-exclusive, revocable license to access and use DerekRakeHQ Materials in accordance with these Terms for the sole purpose of enabling you to use and enjoy the Services.
Except as otherwise expressly permitted in these Terms, you may not: (a) resell or use DerekRakeHQ Materials for any commercial purpose; (b) distribute, publicly perform or public display of any DerekRakeHQ Materials; (c) modify or otherwise make any derivative uses of DerekRakeHQ Materials, or any portion thereof; (d) use any data mining, robots or similar data gathering or extraction methods; (e) download (other than the page caching) any portion of DerekRakeHQ Materials or any information contained therein; (f) decompile, disassemble, decode or reverse engineer DerekRakeHQ Materials, translate DerekRakeHQ Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying DerekRakeHQ Materials or reduce DerekRakeHQ Materials by any other means to a human perceivable form; (g) obscure, alter or remove any notice of any copyright, trademark, trade name, service mark, logo or other intellectual property or proprietary right designation appearing on or contained within DerekRakeHQ Materials; or (h) use DerekRakeHQ Materials other than for their intended purpose. Any use of DerekRakeHQ Materials other than as specifically authorized herein, without the prior written permission of DerekRakeHQ, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes.
You acknowledge that all right, title and interest in and to DerekRakeHQ Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with DerekRakeHQ or its third party licensors.
DerekRakeHQ’s name, DerekRakeHQ, Inc., DerekRakeHQ logos and any other DerekRakeHQ product or service name or slogan included in the Services are trademarks of DerekRakeHQ and may not be copied, imitated or used, in whole or in part, without the prior written permission of DerekRakeHQ or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “DerekRakeHQ” or any other name, trademark or product or service name of DerekRakeHQ without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DerekRakeHQ and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any other products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Hyperlinks and Third Party Materials
You may create a hyperlink to the Services for noncommercial purposes, but you may not use, frame or utilize framing techniques to enclose any DerekRakeHQ Materials (including any DerekRakeHQ trademark, logo or other proprietary information) without DerekRakeHQ’s express written consent.
DerekRakeHQ may make third party content or services available on or through the Services (collectively the “Third Party Materials”) solely as a convenience to its users (e.g., links to third party websites, advertisements and promotions from third parties or the ability to use social media tools provided by third parties). YOUR USE OF ANY SUCH THIRD PARTY MATERIALS IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. DerekRakeHQ does not control, endorse or adopt any Third Party Materials and makes no representation or warranties of any kind regarding the Third Party Materials, including without limitation regarding the accuracy or completeness of such Third Party Materials. Your business dealings or correspondence with such third party, and any terms, conditions, warranties or representations applicable to the Third Party Materials, are solely between you and such third party. When you leave our Services, you should be aware that these Terms and all other DerekRakeHQ policies no longer govern your use of such websites and services or any content contained thereon. You acknowledge and agree that DerekRakeHQ is not responsible or liable in any manner for any Third Party Materials and undertakes no responsibility to update or review any Third Party Materials. Feedback
In the event you elect, in connection with your use of the Services, to communicate to DerekRakeHQ suggestions for improvements to the Services (“Feedback”), DerekRakeHQ will be entitled to use (or not to use) the Feedback without restriction, even if you have designated the Feedback as confidential. You acknowledge that DerekRakeHQ may have ideas or materials similar to the Feedback already under consideration or development and that you are not entitled to compensation or reimbursement from DerekRakeHQ of any kind in connection with the Feedback.
You agree, at your sole expense, to defend, indemnify and hold us, our service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (a) your conduct; (b) your violation of these Terms or the rights of any third-party; or (c) any content you upload, transmit, distribute, store, create or otherwise publish through the Services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DerekRakeHQ, THE SERVICES AND DerekRakeHQ MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DerekRakeHQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN; (B) THAT DerekRakeHQ MATERIALS IN THE SERVICES OR ANY USER CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT; (C) THAT THE SERVICES WILL OPERATE WILL OPERATE WITHOUT DOWNTIME, INTERRUPTION, DELAY OR ERROR; OR (D) THAT THE SERVICES OR DerekRakeHQ’S SERVERS ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
DerekRakeHQ reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services offered by DerekRakeHQ or any features or functionality of the Services at any time without notice and without obligation or liability to you.
Limitation of Liability
IN NO EVENT WILL DerekRakeHQ, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE USER CONTENT OR DerekRakeHQ MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DerekRakeHQ, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DerekRakeHQ’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DerekRakeHQ, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED [THE GREATER OF COMPENSATION YOU PAY, IF ANY, TO DerekRakeHQ FOR ACCESS TO OR USE OF THE SERVICES OR USD $100.00.
DerekRakeHQ IS NOT LIABLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU MAY HAVE AGAINST SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES “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 MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Copyright Policy & Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, DerekRakeHQ has adopted a policy of terminating, in appropriate circumstances and at DerekRakeHQ’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. DerekRakeHQ may also at its sole discretion limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through DerekRakeHQ Services by completing the following DMCA Notice of Alleged Infringementand delivering it to DerekRakeHQ’s Designated Copyright Agent. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Upon receipt of the Notice as described below, DerekRakeHQ will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from DerekRakeHQ Services.
DMCA Notice of Alleged Infringement (“Notice”):
Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on DerekRakeHQ Site or location in the Services where such material may be found.
Provide your mailing address, telephone number, and, if available, e-mail address.
Include both of the following statements in the body of the Notice: (a) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent or the law (e.g., as a fair use)"; and (b) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to DerekRakeHQ’s Designated Copyright Agent via email:-
If you believe a copyright notice was submitted in error regarding your content, or if you contest the removal of allegedly infringing content, you may submit a counter-notice to DerekRakeHQ setting forth your good faith belief that such content was removed in error. In accordance with Sections 512(g)(2) and (3) of the DMCA, such counter-notice must set forth: (a) your full legal name, mailing address, telephone number and electronic or physical signature; (b) identification of the disputed material and its location on the Site or in the Services before removal; (c) a statement under penalty of perjury that the material was removed by mistake or misidentification; and (d) a statement that you consent to the jurisdiction of the Federal District Court where your address is located if your address is located in the U.S. or of the [Insert applicable Federal District Court] if you are located outside the U.S., and that you will accept service process from the person who provided the original complaint. DerekRakeHQ will process any counter-notices in accordance with DMCA requirements and its own internal policies and procedures.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DerekRakeHQ AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. You and DerekRakeHQ agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and DerekRakeHQ are NOT required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and DerekRakeHQ agree (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in San Francisco County, California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and DerekRakeHQ will not commence against the other a class action, class arbitration or other representative action or proceeding.
You can choose to reject this Agreement to Arbitrate (“opt-out”) by mailing us a written opt-out notice (“Opt-Out Notice”) at 60 29th St. #343, San Francisco, CA, 94110 within 30 after the date you accept these Terms for the first time. The Opt-Out Notice must state that you do not agree to this Agreement to Arbitrate and must include your name, address, phone number and the e-mail address used to log into your account. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of these Terms will continue to apply.
Notwithstanding any of these Terms, DerekRakeHQ reserves the right, without notice and in its sole discretion, to terminate your license to use the Services and to block or prevent future your access to and use of the Services.
If any provision of these Terms is be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
Notwithstanding any terms to the contrary in these Terms, DerekRakeHQ may choose to electronically deliver all communications with you, which may include: (a) e-mail to your e-mail address indicated in your communications with DerekRakeHQ or upon registration for the Services; or (b) posting messages that are displayed to you when you log in to or access the Services. DerekRakeHQ’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with DerekRakeHQ, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such e-mail.
Questions & Contact Information
If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at contact@DerekRakeHQ.com.