DriversEd.com, hereafter referred to as the COURSE PROVIDER, offers a driver education course of instruction.
HARDWARE AND SOFTWARE REQUIREMENTS
The STUDENT agrees to complete all phases of the course of instruction in order to receive a completion certificate. STUDENT may be required to pay fees to COURSE PROVIDER if through no fault of COURSE PROVIDER, STUDENT requests a duplicate and/or reissue of the original certificate of completion.
The STUDENT agrees that he/she, and not any other person, will study the material in its entirety and complete the module quizzes and the final exam. It is illegal to attempt to circumvent this course or provide false information. If the COURSE PROVIDER discovers that the STUDENT has willfully misrepresented himself or has cheated, the STUDENT will be stopped from taking the course with no refund of the registration fees.
CANCELLATION AND REFUND POLICIES
If you change your mind about the course, we'll refund the full cost of the course purchased on our website within thirty (30) days of purchase. Refunds will only be issued if the course has not been completed. We will issue your refund within thirty (30) days of your request.
After completion of the course, the COURSE PROVIDER may request information from STUDENT via surveys. By submitting the answers to the Survey, the STUDENT gives the COURSE PROVIDER permission to reprint, reproduce or use the answers for customer testimonial. The STUDENT acknowledges and agrees that the COURSE PROVIDER shall have the right to publish his answers, in whole or in part, in any format or media, whether now known or hereafter developed. The reprint, reproduction or use of the answers will be at the COURSE PROVIDER's discretion and without compensation. The STUDENT agrees to let the COURSE PROVIDER display the STUDENT'S answers with his/her first name, last initial and city/state. The COURSE PROVIDER'S right to use the answers is perpetual and may be assigned.
REPRESENTATIONS AND WARRANTIES
STUDENT represents and warrants that the user information and registration information provided by STUDENT is true and correct, and acknowledges that the truth and accuracy of such information is a material inducement to COURSE PROVIDER in permitting STUDENT to enroll in the course. STUDENT further acknowledges and agrees that any willful or intentional misrepresentation by STUDENT regarding such user information or registration information constitutes a breach of this agreement and of the representations and warranties by STUDENT as provided in this agreement, and may subject student to liability for damages incurred by COURSE PROVIDER as a result thereof, including but not limited to general, consequential, and punitive damages.
LIMITATION OF LIABILITY
STUDENT acknowledges and agrees that the liability of COURSE PROVIDER and its agents, employees, and parent company for any act, omission to act, or negligence on the part of COURSE PROVIDER and its agents, employees, and parent company is strictly limited to and shall not exceed the amount of the registration fee actually paid by STUDENT.
MANDATORY ARBITRATION, CLASS ACTION WAIVER AND OTHER RESTRICTIONS
The STUDENT acknowledges and agrees that any claim or dispute with COURSE PROVIDER and/or its agents, employees, and parent company whether based on contract, tort, or any other legal theories, shall be resolved pursuant to mandatory and binding arbitration under the American Arbitration Association’s (AAA) rules including AAA’s Consumer Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
At least 30 days prior to initiating arbitration, the STUDENT shall provide the COURSE PROVIDER with written notice of the STUDENT’S intent to seek arbitration that briefly describes the nature of STUDENT’S claim or dispute and the amount of money and other relief STUDENT is seeking pursuant to the claim or dispute. The notice shall be submitted to:
Attn: Terms & Conditions
1101 Marina Village Parkway, Suite 201 Alameda, CA 94501
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. COURSE PROVIDER will, however, reimburse STUDENT for these fees for claims seeking less than $2,000 unless the arbitrator determines the claims are frivolous. Likewise, COURSE PROVIDER and its agents, employees, and parent company will not seek attorneys' fees or costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
The STUDENT and COURSE PROVIDER and its agents, employees, and parent company agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Accordingly, the arbitration shall proceed solely on an individual basis and without the right for claims to be arbitrated on a class action basis or asserted in any other purported representative capacity. Claims submitted to arbitration may not be joined or consolidated with claims asserted by others unless agreed to in writing by all parties.
The STUDENT and COURSE PROVIDER and its agents, employees, and parent company agree that no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions, if any portion of this Mandatory Arbitration, Class Action Waiver and Other Restrictions provision is deemed invalid or unenforceable, then the entire provision shall not apply.
SUBSCRIPTION BILLING. If STUDENT has signed up for a service or product that involves monthly or other recurring billing or fees, this section applies. STUDENT may incur a charge on a monthly basis to his or her payment method on the calendar day corresponding to the commencement of the paying portion of the registration until the account is cancelled. STUDENT may update his or her Payment Methods through the payment service providers. Following any update, STUDENT authorizes the continued use of the applicable Payment Method(s). The COURSE PROVIDER reserves the right to change the subscription plans or adjust pricing for the service in any manner and at any time. Any change will take effect following notice to STUDENT.
THIRD PARTY PRODUCTS OR SERVICES. We may run advertisements and promotions from third parties or may otherwise provide information about or links or referrals to third-party products or services ("Third Party Products and Services"). We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk. Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third Party Products and Services that you find on or through the Site.
Roadside Assistance is an offer from Allstate Roadside/Signature Motor Club.
PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INFORMATION AND USE RESTRICTIONS. All of the information included in the COURSE, including all the software text, course materials, graphics, logos, photographs, graphs, sounds, data, images, audio, page headers, software, buttons, video and other icons and the arrangement and compilation of this information (collectively, the “Information”) is the valuable property of the COURSE PROVIDER. The COURSE PROVIDER and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of the COURSE PROVIDER. The COURSE is protected by contract law and various intellectual property laws, including domestic and international copyright and trademark laws, and all intellectual property rights in the COURSE belong to the COURSE PROVIDER or its licensors. The COURSE is the valuable, exclusive property of the COURSE PROVIDER. Nothing herein shall be construed as transferring or assigning any ownership rights in the Information to STUDENT or any other person or entity. Ownership of the COURSE shall remain at all times with the COURSE PROVIDER or its licensors. STUDENT is granted a license to use the COURSE hereunder, as long as STUDENT complies with the terms herein or until the COURSE PROVIDER terminates STUDENT’s access rights. STUDENT may use the Information solely for taking the COURSE. STUDENT agrees that he or she will not (nor allow any third party to) (i) resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file; (ii) remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the COURSE; or (iii) use the Information for any purpose other than for taking the COURSE. STUDENT further agrees to use the COURSE for lawful purposes only.
LICENSE GRANT. The COURSE PROVIDER grants STUDENT a limited, personal, non-assignable, non-transferable and non-exclusive right and license to use the COURSE until the COURSE PROVIDER terminates STUDENT’s access rights; provided and expressly conditioned upon STUDENT’s agreement that all such access and use shall be governed by all of the terms and conditions set forth in these terms and provided that STUDENT does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the COURSE. STUDENT agrees not to modify the COURSE in any manner or form, or to use modified versions of the COURSE, including (without limitation) for the purpose of obtaining unauthorized access to the COURSE or creating a competitive product. STUDENT agrees not to access the COURSE by any means other than through the interface that is provided by the COURSE PROVIDER.
INDEMNIFICATION. STUDENT agrees to indemnify, defend and hold harmless the COURSE PROVIDER, its subsidiaries, licensors, affiliates and its and their officers, directors, employees, affiliates, agents, representatives or subcontractors, for any against all claims or demands, including reasonable attorney’s fees, arising from or related to STUDENT’s access, connection to, or use of, or STUDENT’s inability to use, access or connect to the COURSE, or STUDENT’s violation of these terms.
GOVERNING LAW AND FORUM SELECTION. These terms are construed under the laws of the State of Texas, without reference to its conflict of laws provisions. STUDENT agrees that any action at law or in equity arising out of or relating to the COURSE can be filed only and exclusively in a state or federal court located in Austin, Texas, and STUDENT irrevocably and unconditionally consents and submits to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the COURSE. STUDENT knowingly, voluntarily, intelligently, and irrevocably waives any available affirmative defenses under federal law or any states' laws to venue and jurisdiction in Austin, Texas, including without limitation improper venue, forum non conveniens, lack of in personam jurisdiction, and all related defenses. STUDENT agrees that this forum-selection clause shall apply to any and all claims under federal law or any states' laws and that arise from or relate in any way to the COURSE, including, without limitation, contract, tort, and all other statutory or common law claims seeking equitable or legal relief, whether asserted as a cause of action, counterclaim, cross-claim, affirmative defense, or otherwise, and whether asserted on an individual basis or as putative representative of a class.
NO CONFLICTING TERMS. If there is a conflict between these terms or other documents relating to the COURSE, these terms shall govern, whether or not such agreement or other document is prior to or subsequent to these terms, or is signed or acknowledged by any director, officer, employee, representative or agent of the COURSE PROVIDER.
GENERAL INFORMATION. These terms constitute the entire agreement between STUDENT and the COURSE PROVIDER and govern STUDENT’s use of the COURSE superseding any prior agreements between STUDENT and the COURSE PROVIDER. The failure of the COURSE PROVIDER to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms 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 these terms remain in full force and effect. STUDENT agrees that regardless of any statute or law to the contrary, in order to avoid waiver, STUDENT must give the COURSE PROVIDER notice of any claim or course of action (“Claim”) arising out of or related to use of the COURSE within one (1) year after STUDENT becomes aware of the material facts and circumstances giving rise to such Claim and any Claim must be filed within one (1) year after such claim arose or be forever barred.