Drake Support Services Disclosure
Agreement between Licensee and Drake
From time to time, Drake Software, LLC (“Drake” or “us”) may provide support services ("Support Services") to you ("Licensee", "you" or "your") related to Licensee's use of Drake Tax Software (the “Software”). With your consent, Drake’s Support Services representatives can access your computer remotely to provide requested Support Services. This Drake Support Services Disclosure ("Agreement") governs Drake's provision of Support Services and is a binding agreement between you and Drake.
By using the Support Services, you accept this Agreement. Your use of the Support Services is also subject to Drake's Software License and Non-Disclosure Agreement, and, if provided on or through a Drake website, Drake's Terms of Use and Privacy Policy, and any other policies on that website (collectively, "Drake Terms"). This Agreement, together with the Drake Terms, constitutes the entire agreement between you and Drake with respect to the Support Services, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Support Services.
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION OF RESIDENCE) AND THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. ALL LIMITATIONS OF REMEDIES AND DISCLAIMERS OF WARRANTIES, CONDITIONS AND LIABILITY FORM AN ESSENTIAL BASIS OF THE PARTIES’ AGREEMENT.
Consent for Remote Support Services; Third-Party Software; Data Transmission
To provide certain Support Services, Drake may be required to connect remotely to your device, which allows us to access your device, view your device screen, install software and change settings on your device. We may ask you to accept the third-party licensing terms (e.g., TeamViewer invitation) to establish the remote connection.
You understand and acknowledge that Drake may need to accept end-user agreements on your behalf for such third-party software installations and you agree to comply with any such agreements. If you accept installation of software from a third-party provider in connection with the Support Services, Drake will give you the opportunity to review the corresponding terms. You understand and agree that Drake does not control the terms of any third-party agreements and you accept all responsibility for compliance with such agreements.
The third-party software used with the Support Services may connect to Drake over a data connection (e.g., the internet or a wireless carrier). By using the Support Services, you consent to the transmission of information via the Support Services.
Cooperation and Compatibility
Drake's ability to deliver remote Support Services depends on your cooperation, and the accuracy and completeness of information you provide. You must have a compatible device using the Software. If we are unable to establish a remote connection or complete all the required steps detailed in this Agreement, our ability to provide certain Support Services may be limited.
Drake reserves the right to terminate Support Services for a given Licensee due to incompatibility with the Licensee’s device, system requirements, or configuration; excessive calls from the Licensee; or for any other reason beyond Drake's control that makes providing the Support Services impossible or impractical.
Data Backup
You understand that data can be inadvertently lost, corrupted or breached, and agree that you are wholly responsible for the backup of all data, information or other files stored on your device (collectively, "Data") before receiving the Support Services. You understand and agree that Drake may need to transfer your Data, using third-party service providers, in order to perform certain Support Services. Any transfer will be done according to our Privacy Policy. To the maximum extent permitted by law, Drake is not responsible or liable for any disclosure, loss or corruption of Licensee's Data.
Misuse of Support Services
You may not use the Support Services in any way that could harm Drake, its affiliates or Representatives (defined below), or any computer network or system. You may not use the Suppor
Disclaimer of Warranties and Limitation of Liabilities
THE INFORMATION, SOFTWARE, DIAGNOSTICS OR OTHER MATERIALS INCLUDED IN OR AVAILABLE THROUGH THE SUPPORT SERVICES MAY INCLUDE INACCURACIESOR TYPOGRAPHICAL ERRORS. DRAKE AND/OR ITS AFFILIATES, AND THEIR LICENSORS, PARTICIPATING FINANCIAL INSTITUTIONS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS, SUPPLIERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS (COLLECTIVELY, "REPRESENTATIVES") MAY MAKE UPDATES AND/OR CHANGES TO THE SUPPORT SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE SUPPORT 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, DIAGNOSTICS OR OTHER MATERIALS CONTAINED WITHIN THE SUPPORT SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SUPPORT SERVICES AND ALL INFORMATION, SOFTWARE, DIAGNOSTICS, OR OTHER MATERIALS 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 SUPPORT SERVICES AND ALL INFORMATION, SOFTWARE, DIAGNOSTICS, OR OTHER MATERIALS, 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 THIS AGREEMENT. ANY UPDATES TO THE SUPPORT SERVICES PROVIDED BY DRAKE OR ITS REPRESENTATIVES SHALL BE SUBJECT TO THIS AGREEMENT.
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, 3 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 SUPPORT SERVICES, THE DELAY OR INABILITY TO REGISTER FOR OR USE THE SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SUPPORT SERVICES, INFORMATION, SOFTWARE, DIAGNOSTICS, OR OTHER MATERIALS, OR OTHERWISE ARISING OUT OF OR RELATING TO THE USE OF ANY OF THE SUPPORT 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 SUPPORT SERVICES, OR DO NOT AGREE WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUPPORT SERVICES.
YOU ARE RESPONSIBLE FOR YOUR USE OF THE SUPPORT SERVICES AND ARE LIABLE FOR ANY RESULTING DAMAGE THEREFROM.
Limitation of Remedies
f the law provides any implied warranties despite the exclusions and limitations in this Agreement, your remedies are limited as determined by us, in the case of Support Services, to either:
- Re-performance of the Support Services, or
- A refund of the price you paid (if any) for the Support Services.
This is your only remedy for a breach of warranty, even if the remedy fails of its essential purpose.
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 your violation of this Agreement, including, but not limited to, use of the Support Services other than as expressly authorized in this Agreement
Consent to Electronic Communications
By using the Support Services, you consent to receive all communications, notices, agreements, renewals, statements, and disclosures (collectively, "Communications") electronically. Drake may provide Communications to you related to its products and services by electronic communication, including by text and/or email.
Governing Law
This Agreement is 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 this Agreement or your use of the Services. At Drake's sole discretion, it may require you to submit any disputes arising from this Agreement or your use of the Support Services to final and binding arbitration under the Rules of Arbitration of the 4 American Arbitration Association, applying North Carolina law.
Modification of These Terms of Service
Drake reserves the right to modify and update this Agreement from time to time in Drake's sole discretion. All changes are effective immediately and your continued use of the Support Services means you accept and agree to the revised Agreement. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
ADDITIONAL FAQs
Will I need to give Drake any of my passwords?
No. Drake’s Support Services representatives will never ask you for your personal password. If at any time a password is required to facilitate Support Services, you will be instructed to type your password in the appropriate field on your device.
Will Drake have full access to my computer?
No. Access to content requiring a password on your device will not be accessible to the Drake Support Services representative unless you elevate access, requiring you to type in your password. Before you accept the TeamViewer invitation to share your screen, we strongly recommend that you close any open documents which contain personal, confidential, or regulated data, or that are not related to the issue at hand.
Can I stop a support session in progress?
Yes. You may terminate the support session at any time by clicking on the STOP SHARING text at the lower left corner of the window.
Questions and Comments
If you have additional questions or comments about this Agreement or the Support Services provided by Drake, please contact us at support@DrakeSoftware.com.