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Terms

Terms of Service.

The agreement that governs every use of DracoEMS by students, instructors, and schools. Last updated: September 13, 2026.

Last updated: September 13, 2026

These Terms of Service (the "Terms") are a binding agreement between you and Draco Publishers and Draco Learning (collectively, "Draco", "we", "us", or "our"), a business located in the State of California, United States of America. The Terms govern your access to and use of DracoEMS, the website at dracoems.com, the DracoEMS mobile application, the companion DracoEMTPrep service, and every course, feature, and product we make available through them. Please read the Terms carefully. They contain an arbitration agreement and a class-action waiver (Section 26) that affect your legal rights.

  1. Acceptance of These Terms
  2. Definitions
  3. Eligibility
  4. Accounts and Security
  5. Roles and School Administration
  6. License Grant
  7. Intellectual Property
  8. Acceptable Use
  9. User Content
  10. Academic Integrity and Instructor Authority
  11. Fees, Payment, and Taxes
  12. Printed Goods: Shipping, Risk of Loss, and Returns
  13. Digital Access and Refunds
  14. Chargebacks and Payment Disputes
  15. Price Changes and Subscription Expiry
  16. Educational Disclaimer
  17. Third-Party Services
  18. Availability, Maintenance, Changes, and Beta Features
  19. Suspension and Termination
  20. Disclaimer of Warranties
  21. Limitation of Liability
  22. Indemnification
  23. Copyright Complaints
  24. Export Controls and Sanctions
  25. Governing Law
  26. Dispute Resolution and Arbitration
  27. Force Majeure
  28. Assignment
  29. Notices
  30. Changes to These Terms
  31. Entire Agreement, Severability, and Waiver

1. Acceptance of These Terms

By creating an Account, accepting an invitation, purchasing a subscription or printed product, clicking a button that indicates acceptance, or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to the Terms, you must not access or use the Service.

If you accept these Terms on behalf of a School or other legal entity, you represent and warrant that you have the authority to bind that entity, that the entity agrees to be bound, and that references to "you" in these Terms include both you personally and the entity.

2. Definitions

The following capitalized terms have the meanings set out below wherever they appear in these Terms.

  • "Account" means the credentials and associated record that identify a person on the Service, whether created with an email address and password or through a Sign-In Provider.
  • "Content" means all material made available through the Service, including the interactive textbook Foundations of Prehospital Emergency Care, the digital student workbook, audio narration, lesson videos, practice questions, chapter tests, the Question Bank, rubrics, skills check-off sheets, illustrations, images, text, data, software, user interfaces, and the selection and arrangement of any of them.
  • "DracoEMTPrep" means the companion NREMT preparation service offered by Draco, including its web and mobile app versions.
  • "Instructor" means an individual assigned the instructor or lead instructor role by a School, including any staff role that carries instructional or administrative permissions.
  • "Printed Goods" means the printed textbook, printed workbook, and any other physical product sold through the Service.
  • "Question Bank" means the practice questions, chapter tests, NREMT-style examination items, answer keys, rationales, and item metadata made available through the Service.
  • "School" means the EMT program, educational institution, agency, or other organization that registers an institutional tenant on the Service and administers Instructors, Seats, and Students within it.
  • "School Admin" means an individual assigned the school administrator role for a School.
  • "Seat" means a single Student subscription purchased by a School and held in that School's seat pool until it is consumed by a Student who accepts the School's invitation.
  • "Service" means DracoEMS, the website at dracoems.com, the DracoEMS mobile application, DracoEMTPrep, and all Content, features, tools, and communications provided through any of them.
  • "Sign-In Provider" means Google or Apple when used to authenticate an Account.
  • "Student" means an individual who holds a Student Subscription, whether purchased directly or obtained through a Seat.
  • "Student Subscription" means the twelve-month license described in Section 6 that gives a Student access to the textbook, workbook, DracoEMTPrep, and related Student features.
  • "User Content" means any material you submit to the Service, including messages, workbook entries, free-text answers, profile information, and files you upload.

3. Eligibility

The Service is designed for use by adults enrolled in, teaching in, or administering an EMT education program. To use the Service you must be at least eighteen (18) years of age, or at least sixteen (16) years of age and enrolled in a School that has authorized your participation and, where required by law, obtained the consent of your parent or legal guardian. The Service is not directed to, and may not be used by, children under thirteen (13) years of age. If we learn that an Account belongs to a person under thirteen, we will close it.

You may not use the Service if you have previously been removed from it for breach of these Terms, or if you are prohibited from receiving the Service under the laws of the United States or any other applicable jurisdiction.

4. Accounts and Security

4.1 Registration

You must provide accurate, current, and complete information when you create an Account and keep that information up to date. You may create an Account with an email address and password or through a Sign-In Provider. Your use of a Sign-In Provider is also subject to that provider's own terms.

4.2 Your responsibility for credentials

You are solely responsible for maintaining the confidentiality of your password, recovery codes, authenticator devices, passkeys, and any other credential associated with your Account, and for all activity that occurs under your Account whether or not you authorized it. You must not share your credentials with any other person or allow any other person to use your Account.

4.3 Multi-factor authentication

The Service offers two-factor authentication by email code, authenticator application, and passkey. We strongly recommend that every user enable at least one second factor, and we may require a second factor for roles that carry administrative permissions.

4.4 Compromise

You must notify us promptly through the contact form if you become aware of any unauthorized use of your Account or any other breach of security. We are not liable for any loss arising from unauthorized use of your Account that occurs before we receive such notice and have had a reasonable opportunity to act on it.

5. Roles and School Administration

5.1 Roles

The Service assigns each Account one or more roles, including student, instructor, lead instructor, staff, school admin, and system admin. Each role carries permissions appropriate to its function. You must not attempt to obtain or exercise permissions that have not been assigned to you.

5.2 School Admins bind their institution

A School Admin who registers or administers a School represents and warrants that he or she is authorized to act on behalf of that School and to accept these Terms on its behalf. The School is bound by these Terms and is responsible for the acts and omissions of its School Admins, Instructors, and staff in connection with the Service.

5.3 Multi-tenant isolation

Each School operates within its own isolated tenant. School Admins and Instructors may access only the records of the School to which they are assigned, and only to the extent of their role. Draco does not grant one School access to another School's data.

5.4 Instructor access

Instructors receive access to the Service at no charge for the purpose of teaching and administering their School's cohorts, including the gradebook, skills check-offs, messaging, and progress analytics for their assigned Students. Instructor access is granted and may be revoked by the School and by Draco. Instructors must use Student data solely for legitimate instructional and administrative purposes.

5.5 Seat pools and invitations

A School may purchase Seats in quantity to form a seat pool. A School may invite Students to its cohorts; a Seat is consumed when the invited Student accepts the invitation and the Student Subscription is activated. Unconsumed Seats remain in the School's pool. A Seat, once consumed, is personal to the Student who accepted it and may not be reassigned. A Student who has not been invited by a School, or who prefers not to wait for an invitation, may purchase a Student Subscription directly.

5.6 School responsibility for its users

The School is responsible for verifying the identity and eligibility of the individuals it invites, for obtaining any consents required for Students who are under eighteen, and for ensuring that its Instructors and Students comply with these Terms.

6. License Grant

6.1 Student license

Subject to your compliance with these Terms and payment of the applicable fees, Draco grants each Student a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to access and use the Service and its Content for the Student's own individual educational use for a term of twelve (12) months beginning on the date the Student Subscription is activated (the "Subscription Term"). Activation occurs when a directly purchased subscription is paid for or when a Student accepts a School's invitation, whichever applies.

6.2 School license

Subject to the School's compliance with these Terms, Draco grants each School a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Service's institutional features, including School administration, cohorts, gradebook, skills check-offs, messaging, and analytics, on an institution-wide basis for the purpose of delivering the School's EMT program. This license does not itself entitle any individual to a Student Subscription, which must be obtained through a Seat or a direct purchase.

6.3 Mobile application

The DracoEMS and DracoEMTPrep mobile applications are licensed, not sold, to you on the same terms. Your use of an application obtained through an app store is also subject to the usage rules of that store.

6.4 Reservation of rights

All rights not expressly granted in these Terms are reserved by Draco and its licensors. No license is granted by implication, estoppel, or otherwise.

7. Intellectual Property

7.1 Ownership

The Service and all Content, including all text, questions, rationales, audio narration, video, images, illustrations, software, source and object code, databases, designs, and trademarks, are owned by Draco or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws. "DracoEMS", "DracoEMTPrep", "Draco Learning", "Draco Publishers", and the associated logos are trademarks of Draco. Third-party names and marks referenced on the Service, including NREMT and AHA, belong to their respective owners.

7.2 Restrictions

Except as expressly permitted by these Terms, you must not, and must not permit any other person to:

  1. copy, reproduce, download, print in bulk, record, screen-capture, photograph, or otherwise capture any part of the Content, other than incidental, individual note-taking for your own study;
  2. scrape, crawl, spider, or harvest the Service, or use any automated means to access or extract Content;
  3. share, lend, rent, sell, sublicense, publish, post, transmit, or otherwise redistribute the Content or your access to it, including by sharing Account credentials;
  4. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or structure of the Service or its software;
  5. use the Content, in whole or in part, to train, fine-tune, evaluate, prompt, or otherwise develop any machine learning, artificial intelligence, or large language model, or submit the Content to any such system;
  6. create derivative works, translations, summaries, adaptations, or compilations based on the Content;
  7. remove, obscure, or alter any copyright notice, trademark, watermark, or other proprietary marking; or
  8. frame, mirror, or embed any part of the Service on another site or application.

7.3 Question Bank confidentiality

The Question Bank is confidential and proprietary to Draco. Without limiting Section 7.2, you must not copy, transcribe, memorize for the purpose of reproduction, post, share, or otherwise disclose any examination item, answer, or rationale, and you must not create or contribute to any collection of such items. This obligation survives the end of your Subscription Term and the termination of these Terms.

7.4 Feedback

If you provide suggestions, corrections, or other feedback about the Service, you grant Draco a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without obligation to you.

8. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. Without limiting any other provision, you must not:

  1. cheat on, or assist another person to cheat on, any practice question, chapter test, skills check-off, or other assessment, including by obtaining or distributing answers in advance;
  2. impersonate any person or entity, misrepresent your affiliation with a School, or complete work under another person's Account;
  3. harass, threaten, defame, bully, or discriminate against any Student, Instructor, School staff member, or Draco personnel;
  4. use the messaging features to send unsolicited, commercial, deceptive, obscene, or abusive communications, or for any purpose unrelated to the Student's course;
  5. probe, scan, or test the vulnerability of the Service, attempt to breach any security or authentication measure, or interfere with the operation of the Service or any server or network connected to it;
  6. access the Service through any automated means, bot, script, or headless client, or at a volume or frequency that a human user would not generate;
  7. circumvent Seat limits, Subscription Terms, or role permissions, including by sharing Accounts, creating multiple Accounts, or reassigning a consumed Seat;
  8. upload or transmit any virus, malware, or other harmful code, or any material that infringes the rights of a third party;
  9. use the Service to provide, or to hold yourself out as providing, medical care or advice to any patient; or
  10. use the Service in any manner that violates applicable law, including laws relating to privacy, education records, or the licensure of healthcare providers.

9. User Content

9.1 Your ownership

You retain whatever ownership rights you hold in your User Content. Draco does not claim ownership of your messages, workbook entries, or other submissions.

9.2 License to Draco

By submitting User Content you grant Draco a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, transmit, analyze, and otherwise use your User Content as reasonably necessary to operate, secure, maintain, support, and improve the Service; to deliver your work, progress, and messages to your School and Instructors; and to comply with law. This license continues for as long as the User Content is retained under our Privacy Policy.

9.3 Your responsibility

You are solely responsible for your User Content. You represent and warrant that you have all rights necessary to submit it and that it does not violate these Terms, any law, or the rights of any person. Draco may, but is not obligated to, review, moderate, or remove User Content at its discretion.

10. Academic Integrity and Instructor Authority

Assessments on the Service are intended to reflect the individual work of the Student who completes them. Draco may record the time, device, and sequence of test attempts and may make that information available to the Student's School. A School and its Instructors have sole authority over the academic consequences of any conduct on the Service, including grading, remediation, invalidation of attempts, and removal from a cohort, and Draco does not review or adjudicate academic decisions. Draco may independently suspend or terminate an Account for conduct that violates Section 8 regardless of any academic decision made by a School.

11. Fees, Payment, and Taxes

11.1 Pricing

A Student Subscription purchased directly costs ninety-nine United States dollars (US$99) for a twelve-month Subscription Term. A Seat purchased by a School costs forty-nine and 99/100 United States dollars (US$49.99) per Seat for a twelve-month Subscription Term beginning when the Seat is consumed. Instructors, lead instructors, staff, School Admins, and Schools pay no fee for their access. Printed Goods are priced as displayed at checkout.

11.2 Payment processing

All payments are processed by Stripe through Stripe Checkout. Draco does not receive or store your full card number. By submitting payment you authorize Stripe to charge the payment method you provide for the amount shown at checkout, including any applicable shipping and tax. Your use of Stripe Checkout is also subject to Stripe's terms and privacy policy.

11.3 Taxes

Prices exclude sales, use, and similar taxes unless otherwise stated. Sales tax will be calculated and charged at checkout where Draco is required to collect it. You are responsible for any taxes that Draco is not required to collect.

11.4 Accuracy of billing information

You must provide accurate billing and shipping information and must be authorized to use the payment method you supply. Draco may cancel any order for which payment cannot be verified or which appears to be fraudulent.

12. Printed Goods: Shipping, Risk of Loss, and Returns

12.1 Shipping

Printed Goods ship only to addresses within the United States. Shipping charges are calculated by quantity and shown at checkout. Delivery dates are estimates and are not guaranteed.

12.2 Risk of loss

Title to and risk of loss for Printed Goods pass to you when the goods are delivered to the carrier. Draco is not responsible for loss, damage, or delay that occurs after that time, except as provided in Section 12.3.

12.3 Damaged or defective goods

Printed Goods may be returned or replaced only if they arrive damaged or defective. To make a claim you must contact us through the contact form within fourteen (14) days of delivery, describe the damage or defect, and include photographs that clearly show the condition of the goods and their packaging. Draco will, at its option, replace the goods or refund the purchase price. Printed Goods that are undamaged and free from defects may not be returned for a refund, and Draco does not accept returns for change of mind, ordering error, or withdrawal from a program.

13. Digital Access and Refunds

Because the Service delivers its Content immediately upon activation, all fees for Student Subscriptions, Seats, and other digital access are non-refundable once the subscription or Seat has been activated, except where a refund is required by applicable law. Unconsumed Seats remain in the School's pool and are not refunded. A Student who withdraws from a program, fails to complete a course, changes Schools, or does not use the Service during the Subscription Term is not entitled to a refund. Nothing in this Section limits any statutory right that cannot be waived under the laws of your jurisdiction.

14. Chargebacks and Payment Disputes

14.1 Contact us first

If you believe a charge was made in error, or you are dissatisfied with a purchase, you agree to contact Draco through the contact form and allow us a reasonable opportunity, not less than ten (10) business days, to investigate and resolve the matter before you initiate a chargeback, payment reversal, or dispute with your card issuer, bank, or Stripe.

14.2 Unwarranted chargebacks are a breach

Initiating a chargeback or payment dispute without first contacting Draco as described in Section 14.1, or initiating a chargeback for a charge that you authorized and for which the Service or Printed Goods were delivered, constitutes a material breach of these Terms.

14.3 Consequences

If a chargeback or dispute is initiated in breach of this Section, or is resolved in Draco's favor, Draco may, in addition to any other remedy available at law or in equity:

  1. immediately suspend or terminate the affected Account, any Student Subscription or Seat associated with the disputed payment, and any other Account held by the same person or School;
  2. recover from you the disputed amount, together with any chargeback fees, processing fees, collection costs, and reasonable attorneys' fees incurred in responding to the dispute or recovering the amount;
  3. withhold any Printed Goods not yet shipped and require the return of Printed Goods already delivered;
  4. refuse future orders or registrations from you; and
  5. report abusive or fraudulent chargeback activity to Stripe, to the relevant card network, and to any applicable fraud-prevention service.

14.4 Seats purchased by a School

Seats purchased by a School remain the financial responsibility of that School. A School may not dispute a Seat charge on the basis that a Student withdrew, was dismissed, or failed to use the Service, and a Student may not dispute a charge made by his or her School. Where a School initiates a chargeback, Draco may suspend the affected Seats and the Student Subscriptions consumed from them.

15. Price Changes and Subscription Expiry

15.1 Price changes

Draco may change the prices of Student Subscriptions, Seats, and Printed Goods at any time. A price change does not affect a Student Subscription or Seat already paid for. The price displayed at checkout at the time of purchase is the price you will pay.

15.2 No automatic renewal

Student Subscriptions and Seats do not renew automatically. Each Student Subscription expires at the end of its twelve-month Subscription Term, after which the Student's access to the textbook, workbook, DracoEMTPrep, and related Student features ends unless a new subscription is purchased or a new Seat is accepted. Draco will not charge any payment method on file without a new purchase initiated by you or your School.

16. Educational Disclaimer

16.1 Not medical advice

The Content is provided for instructional purposes only as part of a structured EMT education program. It is not medical advice, is not a substitute for the judgment of a licensed healthcare professional, and must not be relied on for the diagnosis or treatment of any patient. In practice you must follow your medical director, your agency's protocols, and the scope of practice defined by your state. In an emergency, call your local emergency number.

16.2 No certification or guarantee of outcome

DracoEMS is a courseware and learning platform. Completing any portion of the Service, including all chapter tests and DracoEMTPrep, does not by itself certify, license, or qualify any person to practice as an emergency medical technician, to sit for the National Registry cognitive or psychomotor examinations, or to obtain any state certification or license. Eligibility for examination and certification is governed exclusively by the Student's School, the National Registry of Emergency Medical Technicians, and the applicable state EMS authority. Draco makes no representation or warranty that use of the Service will result in passing any examination, obtaining any credential, or securing any employment.

16.3 No affiliation

NREMT is a registered trademark of the National Registry of Emergency Medical Technicians. Draco is not affiliated with, endorsed by, sponsored by, or accredited by the National Registry of Emergency Medical Technicians, the American Heart Association, the National Highway Traffic Safety Administration, or any state EMS office or certifying body, and Draco is not an American Heart Association training center. "NREMT-style" describes the format of practice items only.

16.4 Accuracy

Draco works to keep the Content current and accurate, but medical knowledge, protocols, and examination standards change. Draco does not warrant that the Content is complete, current, or free of error, and the Content may differ from the protocols of any particular jurisdiction or agency.

17. Third-Party Services

The Service relies on services provided by third parties, including Stripe for payment processing, SendGrid (Twilio) for transactional email, Google and Apple for sign-in, Google reCAPTCHA on the contact form, and Font Awesome and Google Fonts for interface assets. Your use of those services is subject to their respective terms and privacy policies. Draco is not responsible for the availability, accuracy, or conduct of any third-party service, and a link to or integration with a third-party service does not imply Draco's endorsement.

18. Availability, Maintenance, Changes, and Beta Features

18.1 Availability

Draco endeavors to keep the Service available at all times but does not guarantee uninterrupted or error-free operation. The Service may be unavailable during scheduled maintenance, which Draco will attempt to perform at times of low usage and, where practicable, with advance notice on the Service, and during unscheduled outages beyond Draco's control.

18.2 Changes to the Service

Draco may add, modify, replace, or remove Content, features, and functionality at any time, including to reflect changes in medical guidance, examination standards, or technology. Draco will endeavor to ensure that material changes do not substantially reduce the core educational value of an active Student Subscription.

18.3 Beta features

From time to time Draco may make available features identified as beta, preview, early access, or similar (collectively, "Beta Features"). Beta Features are provided for evaluation, may be changed or withdrawn at any time without notice, may contain errors, and are provided without any warranty or support obligation, notwithstanding any other provision of these Terms.

19. Suspension and Termination

19.1 By you

You may stop using the Service at any time and may request closure of your Account through the contact form. Closure does not entitle you to a refund except as provided in Sections 12 and 13.

19.2 By Draco for cause

Draco may suspend or terminate your Account, a Student Subscription, a Seat, or a School's tenant, in whole or in part, with or without notice, if Draco reasonably determines that you or your School have breached these Terms, engaged in fraudulent, abusive, or unlawful conduct, initiated an unwarranted chargeback, failed to pay any amount when due, or created a risk to the security or integrity of the Service or to other users. Draco may also suspend access where required by law or by a School's lawful instruction with respect to its own users.

19.3 Effect of termination

Upon termination, the licenses granted in Section 6 end immediately, and you must cease all use of the Service and the Content. Draco may delete or retain your Account data and User Content in accordance with the Privacy Policy, and may continue to make learning records available to your School for its reporting needs. Termination does not relieve you of any obligation to pay amounts owed. Sections 7, 9.2, 10, 14, 16, 20, 21, 22, 25, 26, and 31, and any other provision that by its nature should survive, survive termination.

20. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, THE CONTENT, AND THE PRINTED GOODS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DRACO AND ITS OWNERS, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. DRACO DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DRACO OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

21. Limitation of Liability

21.1 Exclusion of certain damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DRACO OR ITS OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, EDUCATIONAL OPPORTUNITY, EXAMINATION ELIGIBILITY, CERTIFICATION, OR EMPLOYMENT, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, THE CONTENT, OR THE PRINTED GOODS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DRACO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21.2 Cap on liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF DRACO AND ITS OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SUPPLIERS FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, THE CONTENT, OR THE PRINTED GOODS WILL NOT EXCEED THE TOTAL AMOUNT YOU (OR, FOR A SCHOOL, THAT SCHOOL) PAID TO DRACO FOR THE SERVICE OR PRINTED GOODS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS (US$100) IF YOU HAVE PAID NOTHING.

21.3 Basis of the bargain

The limitations in this Section are fundamental elements of the basis of the bargain between you and Draco, and the Service would not be provided without them. They apply even if a remedy fails of its essential purpose.

21.4 California and other consumer carve-outs

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or willful misconduct, or for any other liability that cannot be excluded or limited under applicable law. If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations above apply to you only to the extent permitted by the law of your jurisdiction.

22. Indemnification

22.1 By users

You agree to defend, indemnify, and hold harmless Draco and its owners, employees, contractors, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your User Content, your use of the Service, your breach of these Terms, your violation of any law or of the rights of any third party, or any chargeback initiated in breach of Section 14.

22.2 By Schools

Each School additionally agrees to defend, indemnify, and hold harmless Draco and its owners, employees, contractors, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to the acts or omissions of the School's School Admins, Instructors, staff, and invited Students; the School's failure to obtain any required consent from a Student or a Student's parent or guardian; the School's provision of education records to Draco in violation of applicable law; any academic decision made by the School; and any claim that the School's program, or the eligibility of any Student for examination or certification, was misrepresented by the School.

22.3 Procedure

Draco will give you prompt notice of any claim subject to indemnification and may participate in the defense with counsel of its choosing at its own expense. You may not settle any claim in a manner that imposes any obligation on Draco or admits fault on Draco's behalf without Draco's prior written consent.

23. Copyright Complaints

Draco respects the intellectual property rights of others and expects its users to do the same. If you believe that material available on the Service infringes a copyright you own or control, please send a notice through the contact form that includes: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (c) your name and a means of contacting you; (d) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. Draco will respond to notices that comply with the Digital Millennium Copyright Act, 17 U.S.C. § 512, may remove or disable access to the material identified, and may terminate the Accounts of repeat infringers. A user whose material has been removed may submit a counter-notice through the same channel.

24. Export Controls and Sanctions

The Service and its software may be subject to United States export control and economic sanctions laws. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive United States sanctions, that you are not identified on any United States government list of restricted or prohibited parties, and that you will not use or export the Service in violation of any such law.

25. Governing Law

These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the State of California and the federal laws of the United States, without regard to any conflict-of-laws principle that would result in the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 26, the state and federal courts located in the county of Draco's principal office in California have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to the personal jurisdiction of those courts.

26. Dispute Resolution and Arbitration

Please read this Section carefully. It requires you to arbitrate disputes with Draco on an individual basis and limits the ways in which you can seek relief.

26.1 Informal resolution first

Before commencing arbitration or any other proceeding, you agree to first contact Draco through the contact form with a written description of the dispute, the relief you seek, and your Account email address, and to negotiate in good faith for at least sixty (60) days from the date of that notice. Draco will likewise notify you of any dispute it has with you at the email address on your Account. If the dispute is not resolved within sixty days, either party may commence arbitration as described below.

26.2 Agreement to arbitrate

Except as provided in Sections 26.5 and 26.6, you and Draco agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, the Content, the Printed Goods, or the relationship between you and Draco, including the validity, enforceability, or scope of this arbitration agreement, will be resolved exclusively by final and binding arbitration administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures or, if JAMS is unavailable, by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted by a single neutral arbitrator in the county of Draco's principal office in California, except that either party may elect to appear by videoconference, and the arbitrator may conduct the proceeding on the papers where the amount in controversy so warrants under the applicable rules. The Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs the interpretation and enforcement of this Section. The arbitrator may award any relief that a court of competent jurisdiction could award on an individual basis, and judgment on the award may be entered in any court of competent jurisdiction. Arbitration fees will be allocated according to the rules of the administering body, and Draco will pay any portion of those fees that the rules require it to pay on behalf of a consumer.

26.3 Class-action and representative-action waiver

YOU AND DRACO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. If this waiver is found to be unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided by a court, and the remaining claims will proceed in arbitration.

26.4 Jury-trial waiver

TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND DRACO EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

26.5 Small-claims carve-out

Either party may bring an individual claim in small claims court in the county of Draco's principal office in California, or in the county where you reside, if the claim is within that court's jurisdiction and proceeds on an individual basis.

26.6 Injunctive relief for intellectual property and misuse

Notwithstanding the foregoing, either party may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, or to enforce Sections 7 and 8, without first engaging in informal resolution or arbitration.

26.7 Thirty-day right to opt out

You may opt out of this arbitration agreement by sending Draco written notice through the contact form within thirty (30) days after the date you first accept these Terms. Your notice must state your full name, the email address on your Account, and a clear statement that you wish to opt out of arbitration. If you opt out, this Section 26 will not apply to you, but all other provisions of these Terms, including Section 25, will continue to apply. Opting out has no effect on any other agreement to arbitrate you may have with Draco.

26.8 Changes to this Section

If Draco makes a material change to this Section 26 after you first accept these Terms, you may reject the change by written notice through the contact form within thirty (30) days of the change taking effect, in which case the version of this Section in force immediately before the change will continue to apply to you.

27. Force Majeure

Draco is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, fire, flood, earthquake, epidemic, war, terrorism, civil unrest, labor dispute, governmental action, failure of the internet or of a third-party service or utility, carrier delay, or denial-of-service or other malicious attack.

28. Assignment

You may not assign, delegate, or transfer these Terms, your Account, a Student Subscription, or a Seat, in whole or in part, by operation of law or otherwise, without Draco's prior written consent, and any attempted assignment without consent is void. Draco may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. These Terms bind and benefit the parties and their permitted successors and assigns.

29. Notices

All notices to Draco under these Terms must be sent through the contact form, which is the exclusive channel for legal notices, disputes, refund and return claims, copyright complaints, and arbitration opt-outs. Draco may give notice to you by posting on the Service, by displaying a message within your Account, or by sending email to the address associated with your Account. Notice by email is effective when sent; notice by posting is effective when posted. You are responsible for keeping the email address on your Account current.

30. Changes to These Terms

Draco may revise these Terms from time to time. The revised Terms will be posted on the Service with an updated "Last updated" date and are effective upon posting unless a later effective date is stated. Where a change materially reduces your rights, Draco will endeavor to give notice through the Service or by email before the change takes effect. Your continued access to or use of the Service after the revised Terms become effective constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Service.

31. Entire Agreement, Severability, and Waiver

31.1 Entire agreement

These Terms, together with the Privacy Policy and any order confirmation, Seat purchase record, or written agreement between Draco and a School that expressly references these Terms, constitute the entire agreement between you and Draco concerning the Service and supersede all prior or contemporaneous understandings, proposals, and communications, whether oral or written. In the event of a conflict between these Terms and a written agreement signed by Draco and a School, the signed agreement governs as to that School.

31.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will continue in full force and effect, except as provided in Section 26.3.

31.3 Waiver

No failure or delay by Draco in exercising any right or remedy under these Terms operates as a waiver of that right or remedy, and no single or partial exercise of any right or remedy precludes any further exercise of it or of any other right or remedy. Any waiver must be in writing and signed by Draco to be effective.

31.4 Interpretation

Section headings are for convenience only and do not affect interpretation. The words "including" and "for example" are illustrative and not limiting. No rule of strict construction will be applied against either party. These Terms are written in English, and any translation is provided for convenience only; the English version controls.

31.5 Questions

If you have questions about these Terms, please reach us through the contact form.