Continuing Professional Education (CPE)Terms of Service
Date Last Modified: 1/9/2024
By registering with Drake Software, LLC ("Drake") for our Continuing Professional Education courses and programs (the "Services"), you ("User") agree to these terms and conditions, together with any documents expressly incorporated by reference (collectively, these "Terms of Service"). These Terms of Service govern your access to and use of the Services. The Services are offered to you conditioned on your acceptance of the Terms of Service. Please read these Terms of Service carefully.
Registration
All registrations for the Services are processed after payment is received. Registrations may be capped based on venue or program size. All information collected from you by Drake is governed by our Privacy Policy. By registering for the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Photo/Audio/Video Release
By registering for and/or using the Services, User consents to (i) being photographed, recorded, and/or videotaped (the result of which are collectively, the “User’s Image”) and (ii) Drake using the User’s Image, without the User’s express permission, in any and all publications or other materials for advertising, promotion, and other commercial business purposes.
Post-Course Evaluations
Upon completion of each course, Users may be asked to complete an evaluation form providing feedback regarding the course (“Evaluation”). By completing such Evaluation, User consents to the use by Drake of the feedback the User provides in the Evaluation, as a quote or testimonial, in any and all publications or other material for advertising, promotion, and other commercial business purposes. However, Drake will not use your personal information in any advertising or promotional materials, without your express consent. All information collected from you by Drake is governed by our Privacy Policy.
CPE Approval by Your State
User must review the course description prior to registering to ensure the subject matter of the course content is what User intends to sign up for. User is responsible for verifying that the course or program will count as bona fide continuing professional education credits with User’s applicable continuing education governing board. It is the sole responsibility of User to verify any state credit information prior to registering for the Services.
CPE Reporting
User is responsible for providing accurate and complete information for CPE reporting purposes such as a complete first and last name as it appears on User’s Internal Revenue Service Personal Tax Identification Number (“PTIN”) account, User’s correct PTIN, and User’s correct state board identification number as required, so that we may accurately and successfully report User’s credits. Such information is collected during the account creation and/or registration process.
Change to Existing Registrations
User should review the details of the specific CPE course for additional information regarding canceling, or making a change request for, an existing registration, and any related administrative processing fees. There is typically a time limit for canceling a reservation or making a change request without incurring a related administrative fee. User may contact Drake at education@drakesoftware.com for additional questions, or any concerns related to any change in registration.
Miscellaneous
Drake reserves the right to cancel or reschedule any course or program at any time. Should Drake cancel or reschedule, registrants will either be rescheduled or receive a full refund. Notifications regarding course or program changes will be sent to the email address on file. Drake is not responsible for any expenses incurred as a result of such cancellation or rescheduling
Accommodations
Drake makes every effort to ensure a quality learning experience. If you have dietary restrictions or need special accommodations, please contact the education department at education@drakesoftware.com or (828) 524-8020 at least one week prior to the program's start date.
Modification of These Terms of Service
Drake reserves the right to modify and update these Terms of Service from time to time in Drake's sole discretion. All changes are effective immediately and your continued use of the Services means you accept and agree to the revised Terms of Service. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
California Consumer Privacy Act / California Privacy Rights Act
To the extent that the California Consumer Privacy Act and California Privacy Rights Act, as amended (Cal. Civ. Code §§ 1798.100 et seq.) (“CCPA”) is applicable to User, the parties agree that Drake qualifies as a “Business,” that data is shared with “Service providers” for a “Business purpose” (as defined under Cal. Civ. Code §§ 1798.140) to deliver the Services and related services and products to User, and that such sharing of data is done so in compliance with the CCPA. For more information on how we collect and use your data, please see our Privacy Policy.
Disclaimer of Warranties and Limitation of Liabilities
THE INFORMATION, SOFTWARE, MATERIALS, SERVICES, AND RELATED GRAPHICS INCLUDED IN OR MADE AVAILABLE THROUGH THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DRAKE AND ITS AFFILIATES, AND THEIR LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY, “REPRESENTATIVES”) MAY MAKE UPDATES AND/OR CHANGES TO THE SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, ACCOUNTING OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DRAKE, ITS AFFILIATES AND THEIR REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, MATERIALS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICESAND ALL INFORMATION, 3 MATERIALS, SOFTWARE, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. DRAKE, ITS AFFILIATES AND THEIR REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICES AND ALL INFORMATION, MATERIALS, SOFTWARE, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATIVE OF DRAKE IS AUTHORIZED TO MAKE ANY STATEMENT THAT ADDS TO OR AMENDS ANY OF THE WARRANTIES OR LIMITATIONS CONTAINED IN THESE TERMS OF SERVICE. ANY UPDATES TO THE SERVICES PROVIDED BY DRAKE OR ITS REPRESENTATIVES SHALL BE SUBJECT TO THESE TERMS OF SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRAKE AND ITS AFFILIATES, OR THEIR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF ANY OF THE SERVICES, THE DELAY OR INABILITY TO REGISTER FOR OR USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH ANY OF THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF ANY OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF DRAKE, ITS AFFILIATES OR ANY OF THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF ANY OF THE SERVICES, OR DO NOT AGREE WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Indemnification
You agree to defend, indemnify, and hold harmless Drake, its affiliates, and their Representatives, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to Drake’s use of the User’s Image and/or your violation of these Terms of Service, including, but not limited to, any User submissions, use of the Services other than as expressly authorized in these Terms of Service, or your use of any information or materials obtained from the Services.
Intellectual Property Rights
The Services, including all content, materials, images, video, information and software, are owned by Drake, its licensors, or other suppliers or providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
However, you may print a copy of the course content for your personal, non-commercial use only and not for further reproduction, publication or distribution. Drake does not grant any license or other authorization to you of its trademarks, service marks, or other copyrightable material or other intellectual property.
The names of actual companies and products mentioned herein and/or third-party trademarks and logos contained herein are the trademarks of their respective owners. All rights not expressly granted herein are reserved.
Consent to Electronic Communications
By registering for Services, you consent to receive all communications, notices, agreements, renewals, statements, and disclosures (collectively, "Communications") electronically. Drake may provide 4 Communications to you related to its services by electronic communication, including by email.
Governing Law
These Terms of Service are governed by the laws of the State of North Carolina, and you hereby consent to the exclusive jurisdiction and venue in the United States District Court for the Western District of North Carolina, or if such court does not have subject matter jurisdiction, the state courts in Macon County, North Carolina for all disputes arising out of or relating to these Terms of Service or your use of the Services. At Drake's sole discretion, it may require you to submit any disputes arising from these Terms of Service or your use of the Services to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying North Carolina law. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation, this paragraph.
Entire Agreement
These Terms of Service, together with our Terms of Use and Privacy Policy, constitute the entire agreement between you and Drake regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
Questions and Comments
If you have questions or comments about the Services provided by Drake, please contact us at education@drakesoftware.com.
