1. ACCEPTANCE OF TERMS
DriversEd.com may from time to time amend, supplement or modify the terms of this Agreement, and will post a copy of such amended Agreement on its Website. If you do not agree to be bound by (or cannot comply with) this Agreement, and any amendments thereto, your only remedy is to cancel your DriversEd.com subscription and/or associate account. You will be deemed to have accepted this Agreement and any amendments, supplements or modifications thereto, if you continue to use the Service. It shall be your sole obligation to periodically check the Website for any amendments, supplements or modifications to this Agreement and DriversEd.com shall not be obligated in any way to notify you of any amendments, supplements or modifications.
2. DESCRIPTION OF SERVICE
The Service is available at the DriversEd.com Website and includes everything on the site that may exist from time to time. Part of the Service makes available to you an associate center program (the “Program”). To join the Program, you must fill out the appropriate information to create an associate account and DriversEd.com must approve your account to join the Program. DriversEd.com reserves the right to refuse participation in the Program to anyone. After you have completed the create an associate account process and your account is accepted, you will be issued a unique associate number and you will have access to the various products and links.
3. YOUR REGISTRATION OBLIGATIONS
You are responsible for maintaining the confidentiality of the password and associate account, and are fully responsible for all activities that occur under your password or associate account. You agree to immediately notify DriversEd.com of any unauthorized use of your password or associate account or any other breach of security, and ensure that you exit from your associate account at the end of each session. You agree that you will not allow others to use your member name, password and/or associate account. DriversEd.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
4. USE OF SERVICES
You may use the Service only in accordance with the terms and conditions of this Agreement and any amendments as well as any additional terms that may be presented in connection with any particular feature or function of the Service from time to time.
5. Independent Contractor AND TAX REPORTING OBLIGATIONS
DriversEd.com and you are independent contractors and nothing contained in this Agreement places DriversEd.com and you in the relationship of principal and agent, partner or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party.
As a requirement by the Internal Revenue Service (“IRS”), you understand that you must provide DriversEd.com with a Tax ID number or Social Security Number (“SSN”) should you earn more than $600.00 of associate fees in a single year, or the then current threshold set by the IRS. Should you be required to provide a Tax ID number or SSN, no associate fees will be paid out until you provide DriversEd.com with the appropriate information as required by the IRS. It shall be your sole and exclusive responsibility to provide DriversEd.com with your Tax ID number or SSN, but in no event shall you refuse to provide such information at the request of DriversEd.com.
You understand that all data and messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not DriversEd.com, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. DriversEd.com does not control the Content uploaded via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will DriversEd.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or
||upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
||You agree that DriversEd.com discount codes, coupons and related discount offer materials shall not be bought, sold, auctioned, transferred, reproduced or posted to any sites that directly or indirectly disseminate or provide discount codes, coupons or related discount offer materials for purposes of reducing prices, costs or other discounts on DriversEd.com products or services for online purchases (such sites, commonly known as "coupon sites", "affiliate code sites", "deal sites" or similarly named sites, are collectively referred to herein as "Coupon Sites"). Any and all commissions, discounts or other awards or benefits derived from discount codes, coupons or related discount offer materials from such Coupon Sites after July 15th 2012 are void and will not be honored, paid or recognized by DriversEd.com in any way. DriversEd.com reserves the exclusive right to make the final determination on what constitutes a Coupon Site. DriversEd.com, however, may at its sole discretion authorize a Driversed.com affiliate to post discount codes at Coupon Sites subject to the prior written permission of DriversEd.com that outlines the exact details and terms of any such discount codes before any usage or posting of such discount codes by the DriversEd.com affiliate.
You acknowledge that DriversEd.com may or may not pre-screen Content, but that DriversEd.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, DriversEd.com and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that DriversEd.com may store and/or disclose, as applicable, any such content or material it is required to do so by law, or has a good faith belief that such storage or disclosure is reasonably necessary to comply with court orders or other legal processes; to enforce this Agreement; to respond to any claims that such content violates any third party's rights; or to protect the rights, property or personal safety of DriversEd.com, its business partners, affiliates, licensors and/or licensees, any other DriversEd.com subscriber or member, or the general public.
7. REPRESENTATIONS AND WARRANTIES
By using the Services, you expressly represent and warrant to DriversEd.com that: (a) you have the power and authority to enter into and perform your obligations under this Agreement; (b) all information provided by you to DriversEd.com is truthful, accurate and complete; and (c) you shall comply with all terms and conditions of this Agreement.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, distribute, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or your user name or password.
9. MODIFICATIONS TO SERVICE
DriversEd.com 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. You agree that neither DriversEd.com nor its affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree to indemnify and hold DriversEd.com, its partners, parents, subsidiaries, officers, directors, agents, affiliates, employees and/or licensors, as applicable, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.
11. COPYRIGHT INFORMATION
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part. To use the Service, you must also acknowledge and accept the terms of the copyright notice, which you can review at http://driversed.com/about-us/copyright-notice.aspx. By clicking on "I Agree" at the end of the creation of your associate account and using this DriversEd.com website and Service, you effectively acknowledge and accept the terms of the copyright notice.
The DriversEd.com’s Associate Center, Associate Programs and other DriversEd.com product names, logos, commercial symbols, trade names and slogans are trademarks of DriversEd.com and are protected by U.S. and international trademark laws. You are prohibited from using any of the marks appearing on this Website without the express prior written consent of DriversEd.com, except as permitted by applicable laws. The other marks and logos shown on this Website may be marks owned by third parties that are not affiliated with DriversEd.com. Such marks appear for identification purposes only and are the property of their respective companies. Nothing shown on this Website should be construed as granting, by implication, estoppel or otherwise, any permission, license or right to use any trademark, service mark or trade name displayed on this Website without the written permission of DriversEd.com or the third party that may own the trademark, service mark or trade name at issue. DriversEd.com prohibits, without prior DriversEd.com written consent, the use of any DriversEd.com logo or mark as a hyperlink to this Website or any other DriversEd.com website.
13. VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
DriversEd.com respects the intellectual property of others, and we ask our users to do the same. If DriversEd.com (a) receives a notice alleging that you have engaged in infringing behavior or (b) reasonably suspects that your use of the Service or the uploads violates DriversEd.com's or others' intellectual property rights, DriversEd.com may, in its sole discretion, suspend or terminate your associate account with or without notice to you.
14. OBJECTIONABLE OR EXPLICIT CONTENT
DriversEd.com is not responsible to you for any content or materials constituting all or part of any uploads or any other aspect of the Service that you might find objectionable.
15. TERMINATION, CANCELLATION AND PLAN CHANGES
Associate fees earned during the term, and associate fees earned through the date of termination, that are pending but not paid out will no longer be available for payout, if the associate account is terminated for any reason. You are responsible for making sure you have requested payment for all pending associate fees prior to terminating your associate account.
You understand and agree that your use of the Service and the uploads is at your own sole risk. THE SERVICE AND THE UPLOADS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY BY DriversEd.com OR ITS AGENTS, EMPLOYEES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, LICENSORS, BUSINESS PARTNERS AND/OR SUPPLIERS (THE "DriversEd.com ENTITIES"), AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, DriversEd.com AND THE DriversEd.com ENTITIES, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT.
THERE IS NO WARRANTY THAT THE SERVICE OR THE UPLOADS WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE. DriversEd.com AND/OR THE DriversEd.com ENTITIES, AS APPLICABLE, DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICE OR THE UPLOADS WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE.
YOU WILL NOT HOLD DriversEd.com AND/OR THE DriversEd.com ENTITIES, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING THE SERVICE OR USING THE SERVICE, AND/OR THE UPLOADS INCLUDING, BUT NOT LIMITED TO, ANY INFECTIONS OR CONTAMINATIONS OF YOUR DEVICES YOU USE TO ACCESS THE SAME OR TO TRANSFER DOWNLOADS THAT MAY RESULT FROM THAT USE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO DriversEd.com AND/OR THE DriversEd.com ENTITIES AS APPLICABLE.
17. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DriversEd.com AND/OR THE DriversEd.com ENTITIES AS APPLICABLE, BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE AND/OR THE UPLOADS.
UNDER NO CIRCUMSTANCES SHALL DriversEd.com AND/OR THE DriversEd.com ENTITIES AS APPLICABLE, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR THE UPLOADS, EVEN IF DriversEd.com AND/OR THE DriversEd.com ENTITIES AS APPLICABLE, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
19. LAW AND LEGAL NOTICES
This Agreement constitutes the entire agreement between you and DriversEd.com and governs your use of the Service, superceding any prior agreements between you and DriversEd.com. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
This Agreement and the relationship between you and DriversEd.com shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and DriversEd.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Alameda, California in connection with any such dispute including any claim involving DriversEd.com or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, agents, officers, directors or suppliers.
The failure of DriversEd.com to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
You agree that your DriversEd.com associate account is non-transferable and any rights to your associate account or contents within your associate account terminate upon your death. Upon receipt of a copy of a death certificate, your associate account may be terminated and all contents therein permanently deleted.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.