Terms of Service

Introduction

This website (the “Site”) is owned and operated by Drake Software (“Drake Software” or “we”). Drake Software provides the Site and its services to you subject to the following Terms of Service (the “Terms”). By using the Site, you agree to be bound by the Terms. Drake Software may, in its sole discretion, modify the Terms without notice to you. Therefore, please continue to review the Terms when using the Site. The “Last Modified” date at the top of the Terms will indicate when the latest changes were made. By continuing to access and use the Site after the Terms have been modified, you are agreeing to such modifications. In addition, when using particular services or features or making purchases on the Site, you shall be subject to any posted guidelines or rules applicable to such services, features or purchases that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms.

Description of Service

The Site, any software used to operate the Site, and the content, services, features, subscriptions, products, merchandise and information that Drake Software offers to users on the Site may be referred to herein collectively as the “Service”. Unless explicitly stated otherwise, any new features that augment or enhance the Service in the future shall be considered part of the Service and subject to the Terms.

Purchasing Products

If you would like to purchase any products/services offered on the Site, your purchase will be subject to the terms and conditions of our Purchase Policy. Please review our Purchase Policy before making any such purchase. By submitting payment information in connection with any such purchase, you agree to be bound by the terms of our Purchase Policy. Our Purchase Policy is hereby incorporated by reference into the Terms.

Information You Provide

You may be required to register for an account on the Site in order to take advantage of certain features of the Site, such as purchasing Products. If you choose to register on the Site or if you otherwise provide information on the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information to Drake Software that is false, inaccurate, outdated, or incomplete, or Drake Software has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Drake Software has the right to suspend or terminate your account and prohibit any and all current or future use of the Service (or any portion thereof) by you. Any registration or other information you provide to Drake Software is subject to our Privacy Policy. For more information, see our full Privacy Policy. Our Privacy Policy is hereby incorporated into the Terms by this reference.

Member Account And Password

If you choose to register for an account with Drake Software, you will create a username and password while completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Drake Software of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Drake Software (and its affiliated companies) cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Materials On The Site, Proprietary Use

You acknowledge that all materials on the Site, including, but not limited to, design, graphics, text, pictures, software and other files, and the selection and arrangement thereof (the “Materials”), are subject to and protected under copyright, trademark, and/or other intellectual property laws and rights. All copyrighted and copyrightable Materials are owned by Drake Software and/or its suppliers or licensors, all rights reserved. Except as expressly authorized by the Terms or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, or otherwise use any of the Materials in any form or by any means, without the prior written permission of Drake Software or the respective copyright owner. Drake Software authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress, and logos (collectively, “Marks”) contained or described on the Site are the sole property of Drake Software and/or its suppliers or licensors and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written permission of Drake Software and/or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are Marks of Drake Software and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written permission of Drake Software. Drake Software will enforce its intellectual property rights to the fullest extent of the law.

Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, DRAKE SOFTWARE, ITS PARENT, SUBSIDIARY AND OTHER AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “DRAKE SOFTWARE PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, THE DRAKE SOFTWARE PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE DRAKE SOFTWARE PARTIES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation Of Liability

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NONE OF THE DRAKE SOFTWARE PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE DRAKE SOFTWARE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

Purchase Policy

If you are dissatisfied with any Materials, or with any of Drake Software’s terms and conditions, your sole and exclusive remedy is to discontinue using the Service.

Exclusions And Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Termination

Drake Software reserves the right, without notice and at its sole discretion, to suspend or terminate the Terms and/or your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason, including your breach of the Terms or other conduct by you that Drake Software considers inappropriate. Drake Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms, you agree that neither Drake Software nor any of its affiliated companies shall be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.

Governing Law

The Terms shall be exclusively governed by and construed in accordance with the laws of the State of North Carolina within the United States of America without giving effect to any principles of conflicts of law. Drake Software controls and operates the Site from its offices located in the State of North Carolina in the United States of America. Drake Software makes no representation that Materials contained on the Site or Products described or offered on the Site are appropriate or available for use in jurisdictions outside the United States, or that the Terms comply with the laws of any other country. Visitors who use the Service and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.

Contacting Us

If you have any comments or questions regarding these Terms of Service, or wish to report any violation of these Terms of Service, Please call 1-828-524-8020, fax 1-828-349-5783, email etc@drakesoftware.com or write Drake Software, 235 E Palmer St., Franklin, NC 28734. We will address any issue to the best of our abilities as soon as possible.