home     |     site map     |    contact Us   Home About Us Services Support Contact Us   First Name: Last Name: Address: City: State: Country: ZIP Code: Email: Phone: Username: Password: Retype Password: Terms of Use By using the website (this “Website”) of Drake Management, LLC and its affiliates (“Drake”), you agree to our terms and conditions, as further described below (the “Terms of Use”). Whether or not you actually read these Terms of Use, your use of the Website will be deemed an acceptance of them. We may modify our Terms of Use at any time and without notice. PLEASE READ THE ENTIRE TERMS OF USE CAREFULLY BEFORE YOU USE THE WEBSITE. IF YOU DO NOT AGREE TO ALL THESE TERMS OF USE, YOU MAY NOT USE THE WEBSITE. BY USING THE WEBSITE, YOU ARE DEEMED TO HAVE ACCEPTED THESE TERMS OF USE. TO USE THIS WEBSITE, YOU MUST BE A RESIDENT OF OR LOCATED IN A JURISDICTION WHERE THE DISTRIBUTION, PUBLICATION OR PROVISION OF THE INFORMATION AND CONTENT OF THIS WEBSITE MAY BE LAWFULLY PROVIDED OR OFFERED AND YOU MUST BE AT LEAST 18 YEARS OLD. 1. Privacy Policy. All information we collect or obtain about you is subject to our Privacy Policy. For more information, please see our full privacy policy. 2. No Offer. Neither the information nor any opinion contained on this Website constitutes investment advice, a solicitation or an offer to sell by Drake or its affiliates for the purchase or sale of any securities, futures, options or other financial instruments or to provide any investment advice or service. Drake is not utilizing this Website to provide investment or other advice to you or any other party, and no information or material at this Website is to be relied upon for the purpose of making or communicating investment or other decisions. The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Drake or any affiliate to any registration requirement within such jurisdiction or country. In jurisdictions where Drake is not registered or licensed to trade in securities, commodities or other financial products, any trade will be made only in accordance with applicable rules and regulations, which will vary from jurisdiction to jurisdiction and may require that the trade be made in accordance with applicable exemptions from registration or licensing requirements. The information on this Website has been compiled from both internal and external sources. Drake uses reasonable efforts to make sure that the information appearing on this Website is accurate and up-to-date. However, Drake does not represent or warrant that the information contained herein is accurate or complete. 3. Available Products. Various investment products are available through Drake. These products are not insured by the Federal Deposit Insurance Corporation (the “FDIC”) or any other type of deposit insurance; are not deposits or other obligations of, and are not guaranteed by, Drake or its affiliates; and may fluctuate in value and are subject to investment risks, including possible loss of principal invested. 4. Relation to Other Investment Results. Prior investment results of Drake or any other person described on this Website are provided for illustrative purposes only and are not indicative of Drake’s future investment results. The nature of, and risks associated with, Drake’s future investments may differ substantially from those investments and strategies undertaken historically by Drake or any other person described on this Website. There can be no assurance that Drake’s investments will perform as well as the past investments of Drake or any other person described on this Website or that Drake will be able to avoid losses. 5. Proprietary Rights to Content. You acknowledge and agree that this Website contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively “Content”) protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. The Content is our property or that of our suppliers or licensors. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is our exclusive property and is protected by U.S. and international copyright laws. You may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as specifically permitted herein. If no specific restrictions are displayed, you may make one copy of select portions of the Content, provided that the copy is made only for your personal, information, and non-commercial use and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, perform, or distribute in any way any Content without obtaining permission of the owner of the copyright, trademark or other proprietary right. 6. Trademarks. Drake, our logos and all related marks are service marks or trademarks of Drake Management LLC. They may not be used or displayed without our prior written consent. All other trademarks, product names and company names and logos appearing on this Website are the property of their respective owners, and may be used only with the permission of the particular owner. 7. Security. For certain types of communications through this Website, Drake may require the use of encryption technologies provided for your protection and/or require you to use user identification information and passwords (“User IDs”). You are solely responsible to protect your User ID and password from disclosure to third parties and you are not permitted to avoid the use of required encryption technologies. You are solely responsible for all use of your User IDs, and Drake shall be entitled to assume that any actions taken using your User IDs are authorized by you. While Drake may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. 8. Termination. We may terminate your access, or suspend any user’s access to all or part of this Website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms of Use, or is harmful to the interests of another user, a third-party provider, a service provider or us. This includes without limitation, any deliberate misuse of any element of this Website, including, without limitation, hacking, introduction of viruses or similar code, disruption or excessive use or any use in contravention of applicable law, and Drake reserves the right at its sole discretion, to pass information to legal authorities. 9. Use of Links. You use any third-party links contained on this Website at your own risk. The content to which you link has not been developed, checked for accuracy or otherwise reviewed by Drake. Drake makes no guarantees or representations as to, and shall have no liability for, any third-party Website, including without limitation, the accuracy, subject matter, quality or timeliness of any electronic content. You hereby waive any claim you might have against us with respect to such other Websites. 10. Indemnification. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Content you submit, post to or transmit through this Website, your use of this Website, your connection to this Website, your violation of the Terms of Use, or your violation of any rights of another. 11. Applicable Law. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these Terms of Use will be filed only in the state or federal courts located in the Borough of Manhattan, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. 12. Waiver of Jury Trial. THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. 13. Disclaimer of Warranties; Limitation of Liability. YOU UNDERSTAND AND EXPRESSLY AGREE THAT: (a) YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE INFORMATION AND CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DRAKE DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE MATERIALS PROVIDED ON THIS WEBSITE, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. (b) DRAKE DOES NOT WARRANT OR REPRESENT THAT (i) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, OR (v) THE SERVER OR SERVERS THAT MAKES THIS WEBSITE AVAILABLE IS/ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING, WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT) DRAKE OR ANY OF OUR LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DRAKE OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. (e) IN NO EVENT WILL DRAKE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE ARISING OUT OF THE USE OF, OR INABILITY TO USE, THIS WEBSITE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, FORESEEN OR UNFORESEEN, INCLUDING LOSS OF PROFIT OR OTHER ECONOMIC LOSS, OR ANY OTHER DAMAGES OF ANY KIND EVEN IF DRAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. (f) BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. (g) IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE AND ITS RELATED SITES. 14. General Terms. (a) These Terms of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the Website. (b) You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. (c) Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. (d) If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. (e) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. (f) The section titles in these Terms of Use for convenience only and have no legal or contractual effect. (g) No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. (h) Any rights not expressly granted herein are reserved by and for Drake Management LLC. 15. Modification of Agreement and Notice. All changes to these Terms of Use of use will be posted on this Website. If you do not agree with the changes, your sole remedy is to discontinue the use of this Website. BY USING THIS WEBSITE AFTER WE POST ANY CHANGES TO THESE TERMS OF USE, YOU THEREBY AGREE TO ACCEPT THOSE CHANGES.   I AGREE to the Terms of Use above.   Drake Asset Management LLC © copyright 2007