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TERMS AND CONDITIONS OF ACCESS
The Online Traffic School, Inc., its subsidiaries, agents, assigns, and affiliates (hereinafter .TOTS.) provides access to this WEB SITE (hereinafter the .SITE.) and its traffic safety course (the .COURSE.) to YOU, the student (hereinafter .YOU. or .YOUR.), subject to the following terms and conditions (hereinafter .TERMS.). Upon YOUR enrollment in the COURSE, YOU and TOTS agree to be bound by the TERMS as a condition for YOUR access to the SITE. Hereinafter, YOU and TOTS may be referred to in the singular as Party or in the plural as Parties.
1. TOTS COURSE:
As a part of their duties herein, TOTS provides the COURSE that contains information relating to local and state traffic safety laws that may help students obtain a dismissal of a traffic citation and potentially reduce their automobile insurance premiums. Of course, successful passage of the COURSE examinations are a prerequisite to accomplishing this goal. The information on this SITE and the COURSE are provided for YOUR personal compliance with the requirements of courts and various municipal and state agencies. This SITE and the COURSE are not intended to be and shall never be construed as being a substitute for professional legal advice and do not, individually or collectively, constitute a legal opinion or advice for any purpose. YOU may not rely on information within the SITE or the COURSE as a legal opinion or advice and YOU are urged to consult with a qualified legal professional if YOU have any questions of a legal nature. YOU agree that the Program is provided .AS IS. and that TOTS assumes no responsibility for the timeliness, deletion, or failure to store any user communication or personalized settings, for any change in law, or for any links that fail to direct the user to the indicated web site.
In order to use the Program, YOU must obtain access to the internet. YOU must also provide all computer or internet equipment necessary to make a connection to the internet, including a computer or other access device. TOTS has no obligation to change the SITE or its server equipment to accommodate any requirements of YOUR computer, modem or software.
2. STUDENT INFORMATION
To use the Program, YOU agree to: (a) provide true, accurate, current and complete information as prompted by the Program's registration form (.Student Information.), to take the COURSE; and (b) maintain and promptly update the Student Information to keep it true, accurate, current and complete. If YOU provide any information that is untrue, inaccurate, not current or incomplete, or TOTS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TOTS has the right to suspend or terminate YOUR access to the SITE or YOUR ability to take the COURSE and may further refuse any and all current or future use of the SITE (or any portion thereof). YOU certify that YOU are at least 18 years old or if the person to take the COURSE is younger than 18 years old, YOU represent that YOU are the legal guardian of the person registering to take the COURSE and give YOUR consent for access of that minor to the SITE, for TOTS to collect information relating to the minor, and for the minor to take COURSE. If YOU are not 18 years or older, do not proceed until YOUR legal guardian has reviewed these TERMS and consents to YOUR accessing the SITE.
3. TOTS PRIVACY POLICY
GENERAL
TOTS understands the concerns of you, our customer, in maintaining certain personal privacy. In that regard, we have created a privacy policy which will be applicable with regard to your use of this website. Further, this privacy policy will instruct you on what to do if you are having privacy issues as a result of information that you have disclosed on this website.
PERSONAL INFORMATION
In order for the customer to utilize the services of TOTS, it will be necessary for you to enter certain personal information into our system. Included in this information are your name, address, telephone number and e-mail address. Moreover, in order for you to pay for the services of TOTS, you will often be required to enter credit card information. It is the policy of TOTS to maintain the confidentiality of all of this information, except as required for dissemination to the courts, as directed by you, to insure that you have completed the defensive driving course. TOTS does not maintain databases of customers for the purpose of selling personal information to third-party users. However, TOTS shall maintain your personal information in its files for a number of different uses. Some of those uses may include a confirmation to the courts and/or the State agency if there is an issue relating to a loss or misplaced completion certificate, as well as providing the customers with updates as to information and services being provided by TOTS. In no event will this information be disseminated to third parties without the approval of the customer.
In many situations, there will be other information of a personal nature gathered about the customer. For example, the type of Internet browser that the customer is using to operate TOTS and the URL from which the customer is linked to the system will be maintained in the TOTS database. There are a number of factors involved in our maintaining these records, including virus protection. Again, the information regarding the type of Internet browser or URL that the customer is using will not be disseminated to third parties.
If you have a concern about the dissemination of your personal information, please do not hesitate to contact us at contact@onlinetraffic.com. While TOTS must maintain certain records, we can arrange to have some of your personal information deleted if requested. However, deleting such information will be at your own risk if there should be an issue with respect to the courts not having confirmation of your completion of the course for whatever reason. This privacy policy is not intended to be a contract between TOTS and its customers, and may be amended at any time at the sole discretion of TOTS without notice to the customer.
4. PASSWORD AND SECURITY
As described in the instructions, YOU will choose passwords during the COURSE registration process. YOU must maintain the confidentiality of these passwords, and are responsible for all activities on YOUR account with YOUR passwords. YOU agree to immediately notify TOTS of any unauthorized use of YOUR passwords or any other breach of security, and ensure that YOU exit from YOUR account at the end of each session. TOTS cannot and will not be liable for any loss or damage arising from YOUR failure to comply with these requirements.
5. STUDENT CONDUCT
All information, data, text, software, sound, photographs, graphics, videos, messages or other materials (hereinafter "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from where such Content originated. This means that YOU, and not TOTS, are entirely responsible for all Content that YOU upload, post, email or otherwise transmit via the SITE. It is possible that TOTS may permit certain discussion areas on its SITE. TOTS does not control the Content posted via the SITE and, as such, does not guarantee the accuracy, integrity or quality of such Content. YOU understand that by using the SITE, YOU may be exposed to Content posted by other authorized or unauthorized Users that is offensive, indecent or objectionable. Under no circumstances will TOTS 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, emailed or otherwise transmitted via the Program.
While accessing the SITE, YOU agree not to:
a. Upload, post, email or otherwise transmit any Content that is unlawful, threatening, abusive, harassing, tortuous, defamatory, obscene, invasive of another's privacy, or otherwise objectionable;
b. Impersonate any person or entity, or falsely state or otherwise misrepresent YOUR affiliation with a person or entity;
c. Manipulate identifiers in order to disguise the origin of any Content transmitted through the SITE;
d. Upload, post, email or otherwise transmit any Content that YOU do not have a right to transmit under any law or under contractual or fiduciary relationships;
e. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other confidential, technical or other proprietary rights of any individual or business entity;
f. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
g. Upload, post, email or otherwise transmit any material that contains viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
h. Interfere with or disrupt the SITE, servers or networks connected to the SITE, or violate any procedures, policies or regulations of networks connected to the SITE;
i. Intentionally or unintentionally violate any applicable local, state, national or international law; or
j. Collect or store personal data about other users.
TOTS may archive, store or otherwise preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights or property of TOTS and its users.
If YOU post any Content on the SITE or otherwise send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind, such information shall be deemed Content, whether or not publicly posted. All Content shall be deemed, and shall remain, the sole and absolute property of TOTS. No Content shall be subject to any obligation of confidence on the part of TOTS and TOTS shall not be liable for any use or disclosure of any Content. Without limitation of the foregoing, TOTS shall exclusively own all now known or hereafter existing rights to the Content of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Data for any purpose whatsoever, commercial, or otherwise, without compensation to the provider of the Data.
6. INDEMNITY
YOU agree to indemnify and hold TOTS, its subsidiaries, affiliates, officers, agents, co-branders or other partners, and the employees of each of them, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content, YOUR use of this SITE or the COURSE, YOUR violation of the TERMS, or YOUR violation of any rights of another.
YOU agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the COURSE, the Content, or this SITE. TOTS reserves the right to modify or discontinue, temporarily or permanently, the COURSE, the Content, or this SITE, at any time, for any reason, with or without notice. YOU agree that except as provided herein, and limited to the amount paid by YOU to access the SITE and COURSE, TOTS shall not be liable to YOU or to any third party for any modification, suspension or discontinuance of the COURSE, the Content or this SITE.
7. TERMINATION
YOU agree that TOTS, in its sole discretion, may terminate YOUR passwords, account (or any part thereof) or use of the COURSE or this SITE, and if TOTS believes that YOU have violated the TERMS. TOTS may also in its sole discretion and at any time, discontinue providing the COURSE, or any part thereof, with or without notice. YOU agree that any termination of YOUR access to the SITE under any provision of these TERMS may occur without prior notice, and acknowledge and agree that TOTS may immediately deactivate or delete YOUR account and all related information and files in YOUR account and/or bar any further access to such files or the SITE. Further, YOU agree that TOTS shall not be liable to YOU or any third-party for any termination of YOUR access to the SITE.
8. ADVERTISERS
YOUR correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SITE, including payment and delivery of related goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between YOU and such advertiser. YOU agree that TOTS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the SITE.
The SITE may provide, or third parties may provide, links to other internet sites or resources. Because TOTS has no control over such sites and resources, YOU acknowledge and agree that TOTS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. YOU further acknowledge and agree that TOTS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or programs available on or through any such other site or resource.
9. TOTS'S PROPRIETARY RIGHTS AND RELEASE OF LIABILITY
Copyright and Trademark Information and Use Restrictions. All of the information included on this SITE, including all the software text, course materials, graphics, photographs, graphs, sounds, data, images, audio, page headers, software, buttons, video and other icons and the arrangement and compilation of this information (collectively, the .Protected Information.) is the property of TOTS. The Protected Information is subject to the TERMS as well as state and federal law. The Protected Information is the valuable, exclusive property of TOTS. Nothing in this Agreement shall be construed as transferring or assigning any ownership rights in the Protected Information to YOU or any other person or entity. YOU may use the Protected Information solely for taking the TOTS COURSE. YOU may not use the Protected Information for any other purpose. YOU may not copy, reproduce, republish, upload, post, transmit, adapt, distribute, commercially exploit, or publicly display the Protected Information or any portion of it in any manner whatsoever without TOTS's prior written consent. YOU may not resell, redistribute, broadcast or transfer the Protected Information or use the Protected Information in a searchable, machine-readable database or file. YOU may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information. YOU agree to use the TOTS SITE, COURSE, and Protected Information for lawful purposes only.
TOTS grants YOU a personal, non-transferable and non-exclusive right and license to use the object code of its Protected Information on a single computer; provided that YOU do not (and do 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 Information. YOU agree not to modify the Protected Information in any manner or form, or to use modified versions of the Protected Information, including without limitation, for the purpose of obtaining unauthorized access to the SITE or the COURSE. YOU agree not to access the SITE or COURSE by any means other than through the interface that is provided by TOTS for use in accessing the SITE and COURSE.
TOTS represents and warrants that the COURSE has been approved by numerous independent courts and various states. Except as otherwise expressly provided herein, TOTS provides the SITE and the COURSE to YOU on an "as is, with all faults" basis. TOTS disclaims any warranty, express or implied, that any ticket that YOU may have received will be dismissed or that YOU will receive any discount on your automobile insurance solely because YOU have passed the COURSE. YOU are solely responsible for making all necessary arrangements with the applicable court and with YOUR insurance agency, for obtaining all necessary documentation and for paying any applicable fees or costs in order to have YOUR traffic ticket dismissed, have points removed from your driving record or to obtain up to a 10% discount on YOUR automobile insurance, if YOU are eligible for such dismissal or discount. TOTS expressly disclaims any and all other warranties, express or implied, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, adequacy to produce any particular result, accuracy or reliability of the use of, or the results of the use of, the COURSE or that the COURSE will meet YOUR requirements or will be suitable for YOUR needs.
TOTS does not warrant that the functions contained in the SITE or the COURSE will be uninterrupted or error-free, that defects will be corrected or that the server that makes the SITE and COURSE available are free of viruses or other harmful components. YOU assume all risk of using the SITE and the COURSE and all risk of errors and/or omissions, including the transmission or translation of Protected Information, in the SITE and COURSE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU assume full responsibility for implementing sufficient procedures and checks to satisfy YOUR requirements for the accuracy and suitability of the SITE and COURSE and for maintaining any means which YOU may require for the reconstruction of lost data or subsequent manipulations or analyses of the Protected Information provided under the Agreement.
Certain sites on the Internet carry controversial, sexually explicit or other inappropriate materials. The Internet is a global network of computers that YOU use at YOUR own risk, and neither TOTS nor its affiliates (all of whom for purposes of this agreement are included within the term .TOTS.) control or censor the Internet.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to YOU. This warranty gives YOU specific legal rights. YOU may also have other rights which vary from state to state.
TOTS (including its officers, directors, employees, affiliates, agents, representatives or subcontractors) (collectively .TOTS parties.) shall not be liable in any event, including but not limited to the TOTS parties. negligence, for any fines or penalties, or for any special, direct, incidental, punitive or consequential damages in connection with the dismissal or failure to dismiss of any traffic ticket or YOUR ability or inability to obtain a discount on YOUR automobile insurance. The TOTS parties shall not be liable in any event, including but not limited to the TOTS parties. negligence, for any special, incidental, punitive or consequential damages arising out of the use of or inability to use the SITE or the COURSE. In no event shall TOTS's total liability for all damage, losses, and causes of action (whether in contract, tort, including, but not limited to, negligence and strict liability, or otherwise) exceed the cost of the COURSE, even if TOTS or its affiliates have been advised of the possibility of such damages. TOTS shall not be liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or lack of authenticity of, the SITE or the COURSE or for any delay or interruption in the transmission thereof to the student, or for any claim or loss arising therefrom or occasioned thereby. Furthermore, TOTS shall not be liable for any damages for lost data, use, profits, savings or goodwill that result from use of or inability to use the TOTS COURSE. This limited liability shall be complete and exclusive.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to YOU. This clause gives YOU specific legal rights. YOU may also have other rights which vary from state to state.
TOTS respects the intellectual property rights of others, and we ask all those that access the SITE to do the same. If YOU reasonably believe that YOUR work has been copied in a way that constitutes copyright infringement, please provide TOTS's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that YOU claim has been infringed;
- a description of where the material that YOU claim is infringing is located on the site;
- YOUR address, telephone number, and email address;
- a statement by YOU that YOU have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by YOU, made under penalty of perjury, that the above information in YOUR Notice is accurate and that YOU are the copyright owner or authorized to act on the copyright owner's behalf.
TOTS's Copyright Agent for Notice of claims of copyright infringement on its site is Ms. L. Warren who can be reached as follows:
By mail:
Ms. L. Warren
Copyright Agent
c/o The On-Line Traffic School, Inc.
815B Camarillo Springs Road
Camarillo, CA 93012
By phone: (888) 466-7839
By fax: 888-639-3005
By email: info@onlinetraffic.com
10. NOTICE
Notices to YOU may be made via either email or regular mail. TOTS may also provide YOU notices of changes to the TERMS or other matters by displaying notices or links to notices to YOU generally on the SITE.
11. GENERAL INFORMATION
These TERMS constitute the entire agreement between YOU and TOTS and govern YOUR use of the SITE, superceding any prior agreements between YOU and TOTS. YOU also may be subject to additional terms and conditions that may apply when YOU use affiliate programs, third-party content or third-party software. These TERMS and the relationship between YOU and TOTS shall be governed by the laws of the State of California without regard to its conflict of law provisions. YOU and TOTS agree, to the maximum extent permitted by applicable law, to submit to the personal and exclusive jurisdiction of the courts located within Ventura County, California. The failure of TOTS 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. YOU agree that regardless of any statute or law to the contrary, YOU must give us notice of any claim or course of action (a .Claim.) arising out of or related to use of the SITE or within one (1) year after YOU became aware of the material facts and circumstances giving rise to such Claim and any Claim must be filed within two (2) years after such claim arose or be forever barred. The section titles in these TERMS are for convenience only and have no legal or contractual effect.
The information within this curriculum, is correct to the best of the knowledge of its authors. However, TOTS does not assume any liability, expressed or implied, as to the use of the information contained herein. Any and all damages that may result from the use of any of the information contained herein, will not be the responsibility of TOTS or its authors without limitation. Enrollment in this program will serve as your agreement to the warranties above. TOTS acknowledges that much of the material contained herein was derived from the California Vehicle Code, the Department of Motor Vehicles Handbook, and National Highway Traffic Safety Facts (NHTSA).
ATTENTION: IT MUST BE UNDERSTOOD THAT YOU HAVE AN AGREEMENT WITH THE COURT AND/OR STATE WHEN PARTICIPATING IN THIS PROGRAM. YOU WILL BE IN VIOLATION OF THIS AGREEMENT IF YOU SOLICIT OR ACCEPT ANY ASSISTANCE IN THE COMPLETION OF THIS PROGRAM. TOTS RESERVES THE RIGHT TO MONITOR AND REVIEW YOUR ACCESS TO THIS PROGRAM IN ANY FASHION, AT ANY TIME. BY SUBMITTING THE CHAPTER REVIEW AND FINAL EXAM ANSWERS, YOU ARE CERTIFYING THAT YOU HAVE COMPLETED THIS COURSE WITHOUT ANY ASSISTANCE, WHATSOEVER.
The Benefits of Taking this Defensive Driving Course:
Ticket Dismissal:
Stop the traffic violation from reaching your driving record.
Some municipal court judges and justices of the peace require you to contact the court before you take the driving safety course for purposes of ticket dismissal. By contacting the court that is indicated on your traffic ticket, you may prevent delays or added expenses.
Texas state law allows you to dismiss one traffic ticket per year (certain restrictions apply) by taking a driving safety class.
Your course completion certificate will dismiss ONE traffic violation, and the course must be taken AFTER the violation.
If you take a driving safety class purely for education or to receive an insurance discount and later, you receive a traffic ticket, you are permitted to take another driving safety class to dismiss the ticket if you haven't done so within 12 months.
Your certificate will normally be mailed to you by First Class Mail in 1 to 3 weeks after you complete the course, so you'll need to take the course well ahead of the deadline imposed by the court.
It is recommended that you either hand carry your "Court" certificate to the court or that you send it to the court via certified mail so as to arrive by the date previously established by the court. Note: It must be delivered or mailed by you to the court. 6HourDefensiveDriving.com is not permitted to mail it to the court on your behalf.
A reduction on your automotive insurance:
The envelope that you receive after completion of this course will actually contain two certificates: one for the court, and the other for your insurance agent. We suggest that you make a copy of the insurance certificate in case you change insurance companies because the 10% insurance discount is valid for 3 years even if you switch insurance companies.
The 10% vehicle insurance discount is valid with all Texas insurance companies except (possibly) county mutuals, regardless of the reason that you took the course; i.e., pure education, insurance discount, or ticket dismissal. Any discount granted is at the sole discretion of your insurance company, so check with your insurance agent to see if you are eligible for any insurance discount before you take the course for insurance purposes. A refund will not be granted if you participate in the program and are not eligible for an insurance discount.
12. INTERNET USAGE
A. COOKIES
The TOTS website requires that "cookies" be enabled on your computer. Unless enabled, you cannot participate in our course. By default, however, cookies are automatically enabled on your computer. Unless you know your "cookies" are disabled, you may proceed with the course without a problem.
B. GETTING KNOCKED OFF LINE
Many Internet users are knocked off line frequently. This may result from a lost Internet connection, another call interrupting your connection if you are on a single line with call waiting, or simply because your own computer crashes. Remember, as you complete each section of the course, your progress is logged. Completion of chapter one, for example, cannot be lost if your answers are submitted to the system and graded on screen. Being knocked off line at that point, will only bring you back to the start of the next chapter, it will not delete chapter one. Our website is unable to control your Internet connection and inactivity on your part will not result in our system knocking you off line. Any activity requirements will be on the part of your Internet service provider.
C. AOL
If you are using AOL as your Internet service provider, you will have activity requirements while online. During some of the longer sections requiring more minutes online, there is a chance AOL will knock you off-line unless you remain interactive with AOL.
D. INTERNET TECHNOLOGY/COURT/STATE WAIVER OF LIABILITY
Circumstances beyond the control of TOTS may cause periodic delays in the completion of this online course. Although never expected, internet network problems, routing issues, server traffic congestion, in addition to other "technology" related concerns out of company control, should be considered while participating in this program. States/courts provide more than ample time (usually 30-90 days or more) to complete any traffic safety program. Procrastination combined with unexpected technology problems can lead to missed due dates and/or license actions. TOTS shall assume no liability for course down time that may lead to missed due dates. It is advisable to finish this traffic safety course at least seven days prior to any upcoming due date in order to provide TOTS ample time to notify the appropriate agency.
Similarly, TOTS shall provide a court/state notification of your completion of this course, but assumes no liability for court or state error in processing. It is not uncommon for lack of course credit at a court or state level after proper handling of email or mail notification from our offices. It is the enrolled student's ultimate responsibility to assure without question that proper credit for course completion has been granted by a governing body.
E. HARDWARE/SOFTWARE REQUIREMENTS
In order to use our system to take our courses, your system must meet the following requirements, in addition to internet access (28.8k or higher):
** For PC's (Intel Pentium or above/Intel Celeron/AMD K6, Athlon, Duron or XP Processors):
** Windows95/98/NT/ME/2000/XP or Linux (with X-Windowing Systems)
** Mozilla 0.9.x (Win/Lin), or Internet Explorer 4.x (Windows Only) and above
** Your browser MUST support JavaScript, Cookies, and Secure Sockets Layer.
** Macromedia Flash Plug-ins v6 or above must be installed on your system to view our videos.
13. TESTING PROCEDURE
All students of TOTS must complete each of the course's sections AND the final exam in order to receive a completion certificate. No sections can be skipped or bypassed. TOTS will not issue certificates of completion if the participant has not successfully passed all sections including the final exam.
Students must score passing grades on the chapter tests and the final exam in order to receive a certificate of completion. Students may take the final exam multiple times to achieve a passing score.
14. VERIFICATION OF STUDENT IDENTITY
Upon registration, the student will verify under penalty of perjury that they alone will be participating in the course without any outside assistance. At no time will course credit be issued if the student receives any help whatsoever. Upon enrollment, the student will answer numerous security questions that will verify their identity throughout the course. A student will be disqualified from the course for attempting to circumvent the time requirements, logging in with false information, participating in the course while other browser windows are open, or utilizing other reading materials not contained in the course during testing. Disqualifications of any kind may be reversed at the school's discretion. Any attempts to circumvent the program will waive all rights to a refund of course tuition.
THIRD PARTY STUDENT VERIFICATION PROCESS
In order to participate in our program, we must verify your identity through a third party. This verification enables our program to positively identify you randomly throughout the program with information pertaining to your drivers license and your current vehicle registration, as well as other forms of third party data. A negative verification will result in a delay of access to our program since we cannot confirm your identification. If our third party database cannot verify your identity, you will need to fill out and notarize a student affidavit and fax it to our office
15. CANCELLATIONS
OnlineDefensiveDriving.com may be cancelled at any time, assuming that you have not already paid for the course or have not been expelled from the program for any reason, or failed the final examination. If payment has already been received, you must cancel the enrollment before midnight of the third day after registration in order to receive a refund (excluding Saturdays, Sundays, and Holidays.) If you have not yet paid for the program, but have been expelled from the course for any reason, you are still responsible for payment of the enrollment fee. If a student has completed the course or failed the final exam, cancellations will not be accepted. Attempting to circumvent the security systems or disqualification will also not warrant a refund. Verifiable system failures at any time on the part of OnlineDefensiveDriving.com, course discontinuation on the part of the school, enrollment made as a result of any misrepresentation in advertising, promotional materials, or representation made owner or employee of the school, the student's inabilities to understand how to participate in the course, all can result in a course refund. Any student account left "open" because their personal identification cannot be validated by a third party source, can warrant a full refund at any time. Unverified enrollments will result in immediate student notification and "open" enrollments should rarely exist.
16. COMPLETION CERTIFICATES
A certificate of completion will be issued by OnlineDefensiveDriving.com once a student has completed the program and paid for the course. Certificates are mailed to the student at the address provided by the student during registration of the program. Certificates of completion are mailed within 15 business days upon completion of the program.
17. COURSE EVALUATION
6HourDefensiveDriving.com is committed to offering a quality, educational and accurate defensive driving program. Once you have passed the final examination and have passed the program, we will ask you to fill out a short evaluation about the program to let us know what you thought. Your input is extremely important to us. Thank you for your assistance.
18. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and interpreted in accordance with the Laws of the State of California. The Parties hereby agree to mediate any dispute or claim arising between them out of this Agreement, or any transactions arising herefrom, before resorting to court action or arbitration. Within twenty (20) days of a demand for mediation by either Party, the other Party shall submit a list of three (3) potential mediators along with potential times, dates, and locations for any such mediation. If the Parties cannot agree to the selection of a mediator, they shall each choose one mediator and the two mediators chosen shall select the mediator to be utilized. It is the intention of the Parties that any mediation demanded hereunder shall be held and completed within ninety (90) days of any demand unless a written agreement to extend is entered into between the Parties.
If, for any dispute or claim to which this provision applies, any Party commences an action, whether in arbitration or a court action, without first attempting to resolve the matter through mediation, or a Party refuses to mediate after demand has been made, then that Party shall not be entitled to recover attorneys fees, even if they would otherwise be available to that Party in any such action.
In the event of any dispute arising under or involving any provision of this Agreement or actions hereunder, including without limitation, claims involving any Breach hereof, adequacy of considerations, or any matter stemming herefrom, the Parties hereto agree to submit any such dispute to binding arbitration before the Judicial Arbitration and Mediation Service (.JAMS.) in the City of Los Angeles, State of California. Either Party may commence the arbitration process called for in this Agreement by filing a written demand for arbitration with JAMS with a copy to the other Party. The arbitration will be conducted in accordance with all applicable Law and otherwise in accordance with the JAMS. Rules and Procedures in effect at the time of filing of the demand for arbitration. The Parties will cooperate with JAMS and with one another in selecting an arbitrator from a panel of Neutrals, and in scheduling the discovery and arbitration proceedings. The Parties hereby covenant that they will participate in the arbitration in good faith. The arbitrator in any such binding arbitration shall prepare and issue a written Decision with written essential findings and conclusions on which the Award is based. Judgment on the arbitration award may be entered in any court having jurisdiction over the subject matter of the controversy. The Parties hereto agree hereby that any rules, regulations or statutes that differ or conflict herewith be waived hereby.
The arbitrator shall be permitted to award only those remedies in law provided for in this Agreement, which are requested by the Parties, are applicable to the claims alleged and which the arbitrator determines to be supported by the credible, relevant evidence. Either Party may file a request with a court of competent jurisdiction for equitable relief, including but not limited to injunctive relief, pending resolution of any dispute through the arbitration procedure set forth herein. The provisions of this arbitration agreement may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to recovery of all costs and reasonable attorneys fees incurred in relation to the filing of any Motion to Enforce if the Court finds for the party bringing such Motion.
In any action or legal proceeding with respect to the provisions of this Agreement, the prevailing party shall be entitled to recover all costs and expenses, including without exception, all reasonable attorneys fees, accountants fees, and expert witness fees incurred.
This Agreement and its application and interpretation shall be governed exclusively by its terms and by the laws of the State of California. Any dispute that arises hereunder shall be resolved exclusively in the courts of the State of California and the parties agree to the jurisdiction of the California Courts.
19. MISCELLANEOUS
Each and all of the terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors, and assigns. Neither Party may assign its obligations under this Agreement without the prior written consent of the other Party. If any provision of this Agreement or the application thereof shall be held by a court of law to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. The failure of any party to enforce at any time the provisions of this Agreement, or to insist upon the strict performance of any covenant or condition of this Agreement, or to exercise any option which is hereby provided, shall in no way be construed to be a waiver of such provision, nor in any way affect the validity of this Agreement or any part thereof, or the right of such party thereafter to enforce each and every provision of this Agreement. The headings in this Agreement are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of these TERMS.
Course Price
Insurance Discount $25.00
Ticket Dismissal $25.00
(discounts may apply)
I have been furnished a copy of the school tuition schedule; cancellation and refund policy; and school regulations pertaining to absence, grading policy, progress, and rules of operation and conduct.
The school is prohibited from issuing a uniform certificate of course completion if the student has not met all of the requirements for course completion, and the student should not accept a uniform certificate of course completion under such circumstances.
This agreement constitutes the entire contract between the school and the student, and verbal assurances or promises not contained herein shall not bind the school or the student.
I further realize that any grievances not resolved by the school may be forwarded to the course provider 6HourDefensiveDriving.com, 1008 East College, Seguin, TX 78155 and to Driver Training, Texas Education Agency, 1701 North Congress Avenue, Austin, Texas 78701. 512 936 6777
Thank you for choosing The On-Line Traffic School, Inc. Good Luck!
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