You may use the Website, subject to compliance with this Agreement, on a non-exclusive, nontransferable, limited, personal, fully-revocable (at any time and for any reason), term license.
There will be additional costs for use of certain sections of the Website. Payment of such costs is a pre-requisite to the issuance of any certification. Any refunds requested will result in revocation of any certification; notice of revocation may be sent to any third party including the State of Ohio.
You may not modify, alter, or reverse engineer any part of the Website. Any derivative content, including comments, suggestions, or any other information or content created by you related in any way to the Website will be the property of Company. You do not acquire any ownership in the Website under this Agreement.
Website maintenance shall take place, including updates, during which time the Website may be unavailable. Such maintenance is important and necessary. You agree downtime may occur and will not result in any refund of payment for use of the Website.
You understand the Website is designed for the use of the general public and may not function on all devices at all times.
You represent and warrant all information provided to us is accurate and complete (you are under a duty to update such information if it is no longer accurate or complete). You may not use this Website while in the driver’s seat of a vehicle or while taking any examination which prohibits the use of outside resources.
You must, at all times, follow the state requirements for driving instruction. This Website can only be used as a general resource for education until such Website is approved by the State of Ohio. Company cannot warrant that this Website will be appropriate for any specific jurisdiction unless specifically approved by the state where you are located.
If this Website is approved by the State of Ohio, such approval does not mean additional training is not required. There are additional requirements for obtaining a driver’s license outside of this Website. Company makes no representation that the Website is appropriate or available for use in all locations.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, COMPANY PROVIDES THE WEBSITE, THE SERVICES, THE INFORMATION, AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
COMPANY MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (I) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT; (II) THAT THE WEBSITE OR THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (III) THAT THE WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS; (IV) AS TO THE QUALITY OR VALUE OF ANY SPONSORS’ PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR (V) THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
If applicable, third party providers, websites, mobile networks, or applications may be included on or related to the Website. The Company is not responsible for such third party providers and specifically disclaims any liability. Any cost imposed by such third party provider will your responsibility and is not included in the cost for use of the Website. To the extent of any conflict with this Agreement and the agreement with a third party provider, this Agreement shall prevail.
Paid Content and Certification.
You may purchase additional materials within the Website. Upon receipt of the payment, subject to your adherence to the Agreement, Company will make the paid content available to you after you have signed and returned an agreement as required by Ohio law.
The foregoing does not diminish Company’s ability to terminate your account, without refund, in the event of a breach of the Agreement, or if Company no longer supports the Website. All fees are non-refundable and do not include applicable taxes. You must pay all applicable taxes in addition to any cost listed on the Website.
If you complete certain examinations or sections of the Website, you may be issued a certification from Company of completion. You agree that no third party individual or resource will be used in completing any examination or section to receive such certification as may be required by applicable state law.
It is your responsibility to present any certification to the appropriate state authority in your jurisdiction. Company does not transmit such certification unless otherwise required by law.
Provided however, Company may disclose all Information related to your use of the Website, including date, time, IP address, and any other information to verify your use of the Website as may be required by law.
If Company receives notice of misuse of the Website by you, including but not limited to cheating on examinations, failure to view a required module, or any other circumvention of the certification process without bona fide completion, Company may revoke access to the Website with or without notice, without any refund for use or access.
Use of Information.
In addition to payment for use of sections of the Website, if applicable, in consideration for Company providing access to the Website, you permit Company to collect and use any and all information provided in connection with your use of the Website (“Information”), which will include your location, date of use, electronic device type, operating system, software, and any other data communicated.
You agree Company owns all right, title, and interest in and to any Information collected by Company as the result of use of the Website. Company may use such Information for any legal purpose without any requirement of notice, royalty, or accounting.
Company will take steps to limit use of Information which would specifically identify you as the source of such Information.
During your access to and use of the Website, you may obtain information that Company or other users consider “confidential” or “proprietary” (“Confidential Information”).
You agree not to reveal Confidential Information to any third parties and to take precautions, which shall be at least the more protective of reasonable and prudent care or those taken in safeguarding your own trade secret, confidential, or proprietary information, whether by instruction, agreement, or otherwise, to satisfy your obligations under this Agreement with respect to authorized use, protection, and security of the Confidential Information.
You agree that the wrongful disclosure of Confidential Information will cause Company (or its other users) irreparable injury that is inadequately compensable in monetary damages; accordingly, Company shall be entitled to injunctive relief in any court of competent jurisdiction against you for the breach or threatened breach of this Section, in addition to any other remedies including without limitation all remedies at law or equity without the requirement to submit bond.
Supplemental Terms of Agreement. This Agreement may be amended by the Company from time-to-time to reflect changes to the Website, Company policy, or State specific requirements. These amendments will be immediately effective for all users of the Website and are hereby incorporated into this Agreement by this reference.
Term and Termination. You agree Company may limit, amend, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation. Your use of the Website will be dictated by any applicable purchase duration as listed on the Website or until terminated by Company. Company may terminate this Agreement by ceasing to maintain the Website. Your license to use any paid section of the Website will terminate upon termination by Company for breach of this Agreement or by the completion of the stated duration in the applicable purchase (for example if the purchased duration is for 365 days, access to such Website section shall termination on the 365th day after such purchase). Upon termination, any license and other rights granted to you will terminate and you must cease all use of the Website. You may not distribute, publicly or privately, any of the Website content. This Agreement and any of your Information may be used to require third parties to remove Website content you have placed online without the express written consent of Company.
Limitations of Liability. The Company’s liability (as well as third parties affiliated with Company) is specifically limited by this Section unless prohibited by applicable law. NEITHER COMPANY NOR ITS AFFILIATES CAN BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED, IN ANY WAY, TO THE WEBSITE. NEITHER COMPANY NOR ITS AFFILIATES SHALL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (1) $100, OR (2) THE AMOUNT YOU PAID FOR WEBSITE ACCESS. ANY CLAIMS MUST BE PRESENTED WITHIN 12 MONTHS. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THE TERMS. You acknowledge that, if any of the provisions of this Agreement are not currently enforceable under applicable law, such provisions will be amended to the extent permitted by law to achieve the purpose of such provision. This provision shall remain in full force and effect notwithstanding any termination.
Company may amend the Agreement at any time by posting the amended terms on this Website.
The Agreement and performance hereunder shall be governed by the laws of the State of Ohio. You irrevocably and exclusively submit that the venue and jurisdiction for any proceedings pertaining to the Website, content, or Information shall be in the state and federal courts located in Hamilton County, Ohio.
Company shall not be liable under the Agreement for failure to perform any of its obligations during any period in which it cannot perform due to matters beyond its control, including, but not limited to act of God, strike, fire, flood, natural disaster, war, embargo, or riot.
The waiver or failure of Company to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further right hereunder.
If any provision of the Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
The Agreement constitutes the entire agreement and understanding regarding your use of the Website and supersedes any prior versions. No amendment, addition, deletion, or revision to the Agreement shall be valid unless written and signed by Company or posted as a specific payment amount on the Website.
The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of the Agreement.
— You have agreed to the terms in this Agreement by and through your use of the Website or by clicking confirmation requested by the Website (if applicable) —