Draco Learning
A Division of Draco Staff Development, LLC
Last Updated: December 30, 2024
BY ENROLLING IN ANY PROGRAM OFFERED BY DRACO LEARNING, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY ALL TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW AND COMPREHEND YOUR RIGHTS, OBLIGATIONS, AND RESPONSIBILITIES UNDER THIS AGREEMENT.
For the purposes of this Agreement, the following terms shall have the meanings ascribed to them herein:
In this Agreement, unless the context otherwise requires: (a) headings are for convenience only and shall not affect interpretation; (b) singular includes plural and vice versa; (c) references to statutes include all amendments and re-enactments; (d) "including" means "including without limitation"; (e) any ambiguity shall not be construed against the drafting party.
By enrolling in any Program offered by Draco Learning, the Student hereby enters into a legally binding contract with the Company and expressly agrees to be bound by all terms, conditions, policies, and procedures set forth in this Agreement. This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, representations, or agreements, whether written or oral.
The Student hereby represents, warrants, and affirms that: (a) their enrollment is entirely voluntary and of their own free will; (b) they have not been coerced, pressured, influenced, or compelled by any person, entity, or circumstance to enroll in any Program; (c) no promises, guarantees, warranties, or representations have been made to them beyond those expressly stated in writing by authorized Company representatives; (d) they possess the legal capacity to enter into this binding Agreement.
The Student represents and warrants that they are at least eighteen (18) years of age or have reached the age of majority in their jurisdiction of residence, and possess the full legal capacity to enter into binding contracts. If the Student is under the age of eighteen (18), a parent or legal guardian must co-sign this Agreement and assume joint and several liability for all obligations herein.
The Company reserves the absolute and unconditional right to modify, amend, supplement, or replace these Terms & Conditions at any time, with or without prior notice to enrolled Students. Such modifications shall become effective immediately upon posting to the Company's website or other communication channels. The Student's continued enrollment or participation in any Program following such modifications constitutes acceptance of the revised terms. The Student bears sole responsibility for regularly reviewing these Terms & Conditions to remain informed of any changes.
The total program cost displayed during the enrollment process represents the complete and final price for the selected Program, inclusive of all Course Materials, online learning platform access, standard instructional resources, and administrative fees, except as specifically excluded herein. The Student acknowledges that the stated price constitutes the total financial obligation for the Program, subject to the exclusions and additional costs specified in Article IV hereof.
A non-refundable deposit, the amount of which is clearly indicated for each Program, is required to secure enrollment and commence participation in the Program. The deposit amount is included within the total program cost and does not constitute an additional fee. Payment of the deposit signifies the Student's commitment to complete the Program and their acceptance of all terms contained herein.
Students are afforded two (2) payment options:
All payments are processed exclusively through Stripe, Inc. ("Stripe"), a third-party payment processor. By submitting payment information, the Student authorizes the Company to charge the designated payment method for all amounts due. The Student agrees to abide by Stripe's terms of service and acknowledges that the Company bears no responsibility for any issues, disputes, or failures related to Stripe's payment processing services. The Student is solely responsible for ensuring that payment information is accurate, current, and that sufficient funds or credit are available.
Students electing the Deposit Plus Balance Option must establish a formal payment plan in writing within fourteen (14) calendar days of enrollment. The payment plan shall specify: (a) the total remaining balance; (b) the number and amount of installment payments; (c) the due date for each installment; (d) consequences of late or missed payments. Failure to establish a payment plan within the specified timeframe may result in enrollment suspension or termination at the Company's sole discretion.
Payment installments are due on the dates specified in the Student's payment plan. Failure to remit payment by the specified due date shall constitute a material breach of this Agreement. Late payments may result in: (a) immediate suspension of access to Course Materials and online learning platforms; (b) inability to schedule or participate in Clinical Components, if applicable; (c) delay in Program completion; (d) administrative fees; (e) termination of enrollment. The Company reserves the right to refer delinquent accounts to collection agencies and to report delinquencies to credit reporting bureaus.
Students enrolled in Programs requiring Clinical Components, including but not limited to the Certified Nursing Assistant (CNA) Program and Emergency Medical Technician (EMT) Program, may incur additional costs for required clinical uniforms, scrubs, footwear, identification badges, or other specific attire mandated by clinical placement facilities. These costs are expressly excluded from the total program cost and are the Student's sole financial responsibility. The Company makes no representations regarding the amount of such costs, which vary by facility and Program requirements.
Certain Programs prepare Students for state, federal, or industry-recognized certification examinations administered by third-party testing organizations. All fees associated with such examinations, including but not limited to registration fees, testing fees, re-examination fees, and scheduling fees, are expressly excluded from the total program cost and are the Student's sole financial responsibility. The Company exercises no control over third-party examination fees and makes no representations regarding the amount of such fees.
Some Programs require Students to undergo criminal background checks, fingerprinting, and/or drug screening as mandated by state regulations or clinical placement facilities. All fees associated with such requirements are expressly excluded from the total program cost and are the Student's sole financial responsibility.
Students are solely responsible for all transportation costs to and from clinical sites, examination centers, or any other locations required for Program participation. The Company shall not reimburse, subsidize, or otherwise compensate Students for any transportation, parking, lodging, meals, or related expenses.
While all standard Course Materials are included in the total program cost, Students may elect to purchase supplementary study guides, reference materials, or additional resources at their own expense. The Company makes no representations that supplementary materials are necessary for Program completion or examination success.
To receive a certificate of completion for any Program, the Student must satisfy all of the following requirements without exception:
Certificates of completion shall not be issued, released, or provided to any Student who has not satisfied all financial obligations in full. This policy is absolute and shall be strictly enforced without exception, regardless of the Student's academic performance or completion of educational requirements. Students with outstanding balances are not eligible to take certification examinations, receive credentials, or otherwise represent themselves as having completed the Program until all financial obligations have been satisfied.
Certificates issued by the Company shall contain such information as the Company deems appropriate, which may include the Student's name, Program title, completion date, and Company seal. The Company reserves the right to modify certificate format, content, and design at its sole discretion. Certificates are issued electronically unless otherwise specified.
Requests for replacement or duplicate certificates may be subject to administrative fees. The Company reserves the right to deny replacement certificate requests if the Student has outstanding financial obligations or has violated any terms of this Agreement.
ALL PAYMENTS, DEPOSITS, TUITION, AND FEES ARE FINAL AND NON-REFUNDABLE UNDER ANY AND ALL CIRCUMSTANCES. THE COMPANY DOES NOT PROVIDE REFUNDS, CREDITS, OR REIMBURSEMENTS FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO: STUDENT WITHDRAWAL, PROGRAM CANCELLATION, FAILURE TO COMPLETE THE PROGRAM, DISSATISFACTION WITH COURSE CONTENT OR INSTRUCTION, PERSONAL CIRCUMSTANCES, MEDICAL CONDITIONS, FINANCIAL HARDSHIP, OR ANY OTHER CAUSE. BY ENROLLING AND SUBMITTING PAYMENT, THE STUDENT EXPRESSLY ACKNOWLEDGES AND AGREES THAT ALL TRANSACTIONS ARE ABSOLUTELY FINAL AND IRREVOCABLE.
The Student expressly acknowledges, understands, and agrees that all payments made to the Company, including but not limited to deposits, tuition, fees, and any other charges, are absolutely final, non-refundable, and irrevocable under any and all circumstances. This No Refund Policy applies without exception and without regard to:
By enrolling in any Program and submitting payment, the Student expressly and irrevocably waives any and all rights to refunds, reimbursements, credits, chargebacks, or any other form of financial recovery from the Company. The Student acknowledges that they have been provided full and fair opportunity to review these Terms & Conditions prior to enrollment and that they enter into this Agreement with full knowledge and understanding of the No Refund Policy.
The Student agrees not to initiate any credit card chargebacks, payment reversals, or disputes with financial institutions regarding payments made to the Company. Any attempt to reverse, dispute, or recover payments through chargebacks or similar mechanisms shall constitute a material breach of this Agreement and may result in: (a) immediate termination of enrollment; (b) forfeiture of all Course Materials and access to online platforms; (c) withholding of certificates or credentials; (d) legal action to recover amounts disputed plus attorneys' fees and costs.
The Student acknowledges that enrolling in a Program constitutes a significant financial commitment and that they have carefully considered their financial circumstances, ability to pay, and commitment to complete the Program prior to enrollment. The Student represents that they have not relied on any representations, promises, or assurances from the Company or its representatives regarding potential refunds or exceptions to this No Refund Policy.
The Company makes no warranty, representation, or guarantee that any Student will successfully complete any Program, pass any assessments or examinations, or achieve any particular grade or level of proficiency. While the Company strives to provide quality education and support, academic success depends on numerous factors including but not limited to the Student's aptitude, effort, study habits, attendance, and personal circumstances. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR GUARANTEES REGARDING STUDENT ACADEMIC PERFORMANCE OR PROGRAM COMPLETION.
Certain Programs are designed to prepare Students for state, federal, or industry-recognized certification examinations administered by independent third-party organizations. The Company makes no warranty, representation, or guarantee that any Student will pass any certification examination, licensure test, or credentialing assessment. Examination passage rates depend on numerous factors beyond the Company's control, including but not limited to the Student's preparation, test-taking ability, and the examination content determined by third-party testing organizations. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR GUARANTEES REGARDING CERTIFICATION EXAMINATION PASSAGE OR SUCCESS.
The Company makes no warranty, representation, or guarantee that completion of any Program, receipt of a certificate, or passage of certification examinations will result in employment, career placement, job offers, salary increases, promotions, or any other employment-related benefits. The healthcare employment market is subject to numerous external factors including economic conditions, geographic location, employer requirements, competition, and individual qualifications. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR GUARANTEES REGARDING EMPLOYMENT OUTCOMES, JOB PLACEMENT, OR CAREER ADVANCEMENT.
The Company endeavors to provide accurate, current, and relevant educational content. However, the Student acknowledges and agrees that healthcare industry knowledge, practices, regulations, laws, standards, and protocols are subject to constant change and evolution. The Company makes no warranty, representation, or guarantee regarding the absolute accuracy, completeness, or currency of any Course Materials, instructional content, or information provided. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING CONTENT ACCURACY, and the Student assumes all responsibility for verifying information accuracy and maintaining current knowledge through continuing education and professional development.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PROGRAMS, COURSE MATERIALS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY DOES NOT WARRANT THAT PROGRAMS WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE STUDENT'S ENROLLMENT, PARTICIPATION IN ANY PROGRAM, OR USE OF ANY COURSE MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE STUDENT TO THE COMPANY FOR THE PROGRAM GIVING RISE TO THE LIABILITY. THIS LIMITATION APPLIES TO ALL CLAIMS COLLECTIVELY AND NOT ON A PER-CLAIM BASIS.
The Student acknowledges and agrees that the limitations of liability set forth in this Article VIII are fundamental elements of the basis of the bargain between the Company and the Student, and that the Company would not offer Programs or enter into this Agreement without such limitations.
It is the Student's sole and absolute responsibility to read, review, comprehend, and understand all terms, conditions, policies, and procedures set forth in this Agreement prior to enrollment. The Student represents and warrants that they have carefully read this Agreement in its entirety, have had sufficient opportunity to seek legal counsel or other advice regarding its terms, and have entered into this Agreement with full knowledge and understanding of their rights, obligations, and responsibilities.
The Student is solely responsible for: (a) understanding all payment terms and financial obligations; (b) maintaining timely payments according to their payment plan; (c) ensuring that payment information is accurate and that sufficient funds or credit are available; (d) promptly communicating with Company administration regarding any payment difficulties; (e) understanding that certificate issuance is contingent upon full payment of all financial obligations.
The Student is solely responsible for: (a) completing all coursework, assignments, and assessments by specified deadlines; (b) maintaining satisfactory academic progress; (c) attending all required sessions, whether online or in-person; (d) completing Clinical Component hours, if applicable; (e) complying with all Program-specific requirements and behavioral standards; (f) seeking assistance when needed; (g) preparing for certification examinations.
The Student is responsible for obtaining and maintaining: (a) reliable internet access; (b) compatible computer hardware and software; (c) current web browsers and necessary plugins; (d) email access for communications. The Company is not responsible for any inability to access Course Materials due to the Student's technology deficiencies or internet service disruptions.
The Student agrees to maintain professional conduct at all times, including during online sessions, clinical placements, and all interactions with Company staff, instructors, clinical facility personnel, and fellow Students. Unprofessional conduct may result in disciplinary action up to and including immediate termination of enrollment without refund.
The Student is solely responsible for ensuring compliance with all applicable federal, state, and local laws, regulations, and licensing requirements related to their chosen field of study. The Student acknowledges that certain criminal convictions or other legal issues may preclude licensure or certification in certain healthcare professions.
All Course Materials, including but not limited to instructional content, videos, assessments, learning management system platforms, trademarks, logos, and proprietary methodologies, are and shall remain the exclusive property of the Company or its licensors. No ownership rights, title, or interest in any intellectual property are transferred to the Student.
The Student is granted a limited, non-exclusive, non-transferable, revocable license to access and use Course Materials solely for their personal educational purposes in connection with their enrollment in the Program. This license terminates immediately upon Program completion, withdrawal, or termination of enrollment.
The Student shall not: (a) reproduce, copy, duplicate, or distribute Course Materials; (b) modify, create derivative works from, or reverse engineer Course Materials; (c) sell, resell, rent, lease, or sublicense access to Course Materials; (d) share login credentials or Course Materials with third parties; (e) use Course Materials for any commercial purpose; (f) remove or alter any copyright notices or proprietary markings.
Students may withdraw from a Program at any time by providing written notice to Company administration. Withdrawal does not relieve the Student of any financial obligations, and no refunds shall be issued under any circumstances as specified in Article VI. Upon withdrawal, the Student's access to Course Materials and online platforms shall be immediately terminated.
The Company reserves the right to terminate a Student's enrollment immediately and without prior notice for any of the following reasons: (a) failure to maintain financial obligations; (b) academic dishonesty or cheating; (c) unprofessional conduct or behavioral violations; (d) failure to meet academic progress standards; (e) violation of any term of this Agreement; (f) conduct detrimental to the Company's reputation or interests. Involuntary termination does not relieve the Student of financial obligations, and no refunds shall be issued.
Upon termination or withdrawal for any reason: (a) all access to Course Materials and online platforms shall cease immediately; (b) all outstanding financial obligations become immediately due and payable; (c) the Student shall return or destroy all physical Course Materials in their possession; (d) no certificate or credentials shall be issued; (e) the Student shall remain bound by all surviving provisions of this Agreement, including confidentiality, intellectual property, and dispute resolution provisions.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. The Student irrevocably consents to the exclusive jurisdiction of the state and federal courts located in the State of California for resolution of any disputes arising out of or related to this Agreement.
Prior to initiating any legal action, the parties agree to attempt in good faith to resolve any dispute arising out of or related to this Agreement through mediation. The mediation shall be conducted by a mutually agreed-upon mediator in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs of mediation, with the mediator's fees to be shared equally.
THE STUDENT AGREES THAT ANY DISPUTES SHALL BE BROUGHT SOLELY IN THE STUDENT'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. THE STUDENT EXPRESSLY WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
In the event of any dispute, litigation, or arbitration arising out of or related to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the non-prevailing party.
This Agreement, together with any written payment plans or enrollment documents, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the subject matter hereof.
If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.
No waiver of any term or condition of this Agreement shall be deemed or constitute a waiver of any other term or condition, nor shall any waiver constitute a continuing waiver unless expressly provided in writing. The Company's failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
The Student may not assign, transfer, or delegate any rights or obligations under this Agreement without the prior written consent of the Company. The Company may assign this Agreement at any time without notice or consent.
The Company shall not be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, government actions, internet or utility failures, natural disasters, pandemics, or epidemics.
All notices required or permitted under this Agreement shall be in writing and delivered via email to the email address provided by the Student during enrollment, or via U.S. Mail to the Student's address on file. Notices shall be deemed received upon email transmission or three (3) business days after mailing.
The provisions of this Agreement that by their nature should survive termination or expiration shall survive, including but not limited to provisions relating to payment obligations, intellectual property, confidentiality, disclaimers, limitations of liability, and dispute resolution.
BY ENROLLING IN ANY PROGRAM OFFERED BY DRACO LEARNING AND SUBMITTING PAYMENT (WHETHER DEPOSIT OR FULL PAYMENT), THE STUDENT HEREBY ACKNOWLEDGES, REPRESENTS, WARRANTS, AND AGREES AS FOLLOWS:
THE STUDENT FURTHER ACKNOWLEDGES THAT THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN THE STUDENT AND DRACO LEARNING, A DIVISION OF DRACO STAFF DEVELOPMENT, LLC, AND THAT FAILURE TO COMPLY WITH ANY TERM OR CONDITION HEREIN MAY RESULT IN TERMINATION OF ENROLLMENT, WITHHOLDING OF CERTIFICATES, LEGAL ACTION, AND OTHER CONSEQUENCES AS SET FORTH IN THIS AGREEMENT.
This document constitutes a legally binding agreement between the Student and Draco Learning, a division of Draco Staff Development, LLC. By proceeding with enrollment and payment, you acknowledge that you accept and agree to be bound by all terms and conditions herein.
Draco Learning | A Division of Draco Staff Development, LLC
Last Updated: December 30, 2024