Please read these terms carefully. Your use of this Site or our services is conditioned upon your acceptance of these terms. If you do not agree to the terms, do not use this Site or our services.
Please note that these terms contain a class action waiver of a right to a jury trial, and a mandatory and arbitration clause.
This Drive Smart Driving School Inc. Terms of Use Agreement (“CONTRACT”) is a legal agreement between (“STUDENT”) and Drive Smart Driving School Inc. (“DRIVE SMART DRIVING SCHOOL”). By clicking on the Accept (or similar) button at the bottom of this CONTRACT, accessing and using this Site, or using the DRIVE SMART DRIVING SCHOOL real estate course service (“Mobile App and/or Online course”), STUDENT agrees to be bound by the terms of this CONTRACT.
SECURITY AND VALIDATION POLICY. STUDENT acknowledges that: (i) it is illegal to attempt to circumvent this Mobile App and/or Online course; (ii) any attempt to circumvent this course may result in loss of Certificate of Course Completion, court fines, and/or forfeiture of payment for the course; and (iii) circumvention includes, but is not limited to, having someone other than the registered STUDENT taking or participating in the Mobile App and/or Online course. STUDENT represents that the information provided to DRIVE SMART DRIVING SCHOOL is true and correct and that if DRIVE SMART DRIVING SCHOOL determines that STUDENT has misrepresented his/her identity, STUDENT will be removed from the Mobile App and/or Online course and will forfeit any and all fees. STUDENT acknowledges that misrepresenting his/her identity in order to complete this state-approved course may constitute perjury and other criminal violations, in addition to possible civil penalties. STUDENT understands, agrees, and consents to DRIVE SMART DRIVING SCHOOL accessing and using third-party databases (pertaining to drivers licenses, DMV records, credit information, housing history, and other data containing STUDENT’s personal information) to obtain information to verify the accuracy of personal information submitted by STUDENT to DRIVE SMART DRIVING SCHOOL, prevent fraud, or for any other permissible purpose. DRIVE SMART DRIVING SCHOOL may request that STUDENT provide a notarized Statement of Assurance verifying STUDENT’s identity and compliance with this Security and Validation Policy. STUDENT agrees to provide such Statement of Assurance if requested by DRIVE SMART DRIVING SCHOOL.
TUITION SCHEDULE. The total cost of the Mobile App and/or Online course is stated at the time of purchase.
COURSE SCHEDULE. The Mobile App and/or Online course shall generally be accessible and available to STUDENT twenty-four (24) hours per day following receipt of payment for the Mobile App and/or Online course (“COURSE START”). STUDENT’s access to and use of the Mobile App and/or Online course shall be subject to the license granted herein. STUDENT will have 365 days from COURSE START to successfully complete the Mobile App and/or Online course. STUDENT must have an Apple iOS device running operating system 6.0 or higher. At this time, the course is accessible through iOS devices, Android devices, and computers with Internet browsers. Circumstances that would affect the twenty-four hour availability of the Mobile App and/or Online course include, but are not limited to, system failure, site failure, user and provider connection failures, and user and provider phone line failure. STUDENT assumes all responsibility for the equipment, systems, requirements, procedures and/or other matters related to STUDENT’s ability to access the Mobile App and/or Online course. If, at any time, STUDENT is unable to access the Mobile App and/or Online course, DRIVE SMART DRIVING SCHOOL will adjust the COURSE END date to reflect the period of time when access was unavailable, if and only if, STUDENT contacts DRIVE SMART DRIVING SCHOOL by email [email protected] and informs DRIVE SMART DRIVING SCHOOL of the unavailability of access, and if the unavailability of access is the fault of DRIVE SMART DRIVING SCHOOL. STUDENT acknowledges and agrees that interruptions in Internet service may occur over which DRIVE SMART DRIVING SCHOOL has no control or responsibility. REFUND POLICY. Drive Smart Driving School courses are fully refundable if the STUDENT has not completed the course AND if the refund request is made within 30 days of purchase. If the purchase was made via credit card, Paypal or the Google Play store, please contact customer support ([email protected]) to request a refund.
CANCELLATION POLICY.
REFUND POLICY.
Drive Smart Driving School courses are fully refundable if the STUDENT has not completed the course AND if the refund request is made within 30 days of purchase. If the purchase was made via credit card, Paypal or the Google Play store, please contact customer support ([email protected]) to request a refund.
CANCELLATION POLICY. A full refund for the course will be made to any STUDENT who cancels the enrollment contract before midnight of the 3rd. day after the enrollment contract is signed by the STUDENT, unless the STUDENT has successfully completed the course or received a failing grade on the course examination. A STUDENT failing the personal or course validation is considered to have completed the course but failed.
A STUDENT who has completed a lesson, or who has received a DE964 is considered for refund purposes to have completed enough of the course that there is no refund. STUDENTS have 365 calendar days to complete the program from the date of purchase. If the student does not complete all the program requirements within the 365, the STUDENT is considered to have finished the program, but did not satisfy the requirements to get a certificate (DE964). There is no refund if the student exceeds 365 days and Drive Smart Driving School is under no obligation to inform the student of their contract expiring.
SUBSCRIPTION BILLING. If a STUDENT has signed up for a service or product that involves monthly or other recurring billing or fees, this section applies. STUDENTS may incur a charge monthly 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). DRIVE SMART DRIVING SCHOOL reserves the right to change the subscription plans or adjust pricing for the service in any manner and at any time.
If a DE964 for “Learners License or for Drivers License Only “has been issued and wishes a refund before completing all the requirements of the program, the STUDENT is not entitled to a refund, as they are considered to have completed the program, but failed due to not meeting program requirements.
Any change will take effect following notice to STUDENT.
STUDENT REGISTRATION OBLIGATIONS. In consideration of STUDENT’s use of the Mobile App and/or Online course, STUDENT: (a) agrees to provide true, accurate, current and complete information about himself or herself upon his or her registration to take the Mobile App and/or Online course (such information being the “Registration Data”); (b) agrees to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) acknowledges and agrees that DRIVE SMART DRIVING SCHOOL shall not be liable to STUDENT or any third party for any termination of his/her access to his/her password, account or the Mobile App and/or Online course ; and (d) certifies that he or she is at least 18 years old, or if STUDENT is younger than 18 years old, that the legal guardian of STUDENT consents to STUDENT accessing the Mobile App and/or Online course gives permission for DRIVE SMART DRIVING SCHOOL to collect information on STUDENT, and consents to STUDENT taking the Mobile App and/or Online course. If STUDENT is not 18 years or older proceed no further, until STUDENT’s legal guardian has reviewed this CONTRACT and consents to STUDENT accessing the Mobile App and/or Online course. If STUDENT provides any information that is untrue, inaccurate, not current or incomplete, or DRIVE SMART DRIVING SCHOOL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DRIVE SMART DRIVING SCHOOL has the right to suspend or terminate STUDENT’s access to the Mobile App and/or Online course and refuse any and all current or future use of the Mobile App and/or Online course (or any portion).
STUDENT ACCOUNT, PASSWORD AND SECURITY. STUDENT will create a login id (email) and password during the initial registration process. Additionally, the student may use other ID authentication methods such as Facebook Auth ID or Google One login. STUDENT acknowledges that he or she is responsible for maintaining the confidentiality of the password and account and that he or she is fully responsible for all activities that occur under his or her password or account. STUDENT agrees to (a) immediately notify DRIVE SMART DRIVING SCHOOL of any unauthorized use of his or her password or account or any other breach of security, and (b) ensure that he or she exits from his or her account at the end of each session. DRIVE SMART DRIVING SCHOOL cannot and will not be liable for any loss or damage arising from STUDENT’s failure to comply with this Section.
NO RESALE OF SERVICE. STUDENT agrees not to sell, resell or exploit for any commercial purposes, any portion of the Mobile App and/or Online course, use thereof, or access thereof.
GENERAL PRACTICES REGARDING USE AND STORAGE. STUDENT agrees that DRIVE SMART DRIVING SCHOOL has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Mobile App and/or Online course. STUDENT acknowledges that DRIVE SMART DRIVING SCHOOL reserves the right to log off accounts that are inactive for an extended period of time. STUDENT further acknowledges that DRIVE SMART DRIVING SCHOOL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
TERMINATION. If DRIVE SMART DRIVING SCHOOL believes that STUDENT has violated or acted inconsistently with the letter or spirit of this CONTRACT, STUDENT agrees that DRIVE SMART DRIVING SCHOOL, in its sole discretion and at any time, may terminate STUDENT’s access to his/her password, account (or any part), or his or her access to or use of the Mobile App and/or Online course. STUDENT acknowledges and agrees that any termination of his/her access to his/her password, account or access to or use of the Mobile App and/or Online course may be effected without prior notice and that DRIVE SMART DRIVING SCHOOL may immediately deactivate or delete his/her account and all related information and files in his/her account and/or bar any further access to such files or the Mobile App and/or Online course. Further, STUDENT acknowledges and agrees that DRIVE SMART DRIVING SCHOOL shall not be liable to STUDENT or any third-party for any termination of his/her access to his/her password, account or the Mobile App and/or Online course. Termination or cancellation of this CONTRACT shall not affect any other right or relief to which DRIVE SMART DRIVING SCHOOL may be entitled, whether at law or in equity. Upon termination of this CONTRACT, all rights granted to STUDENT will terminate and revert to DRIVE SMART DRIVING SCHOOL, regardless of the reason for cancellation or termination. All provisions in this CONTRACT relating to proprietary rights, indemnification and limitation of liability shall survive termination.
DRIVE SMART DRIVING SCHOOL’S PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INFORMATION AND USE RESTRICTIONS. All of the information included in the Mobile App and/or Online 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 DRIVE SMART DRIVING SCHOOL. DRIVE SMART DRIVING SCHOOL 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 DRIVE SMART DRIVING SCHOOL. The Information 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 Mobile App and/or Online course belong to DRIVE SMART DRIVING SCHOOL or its licensors. The Information is the valuable, exclusive property of DRIVE SMART DRIVING SCHOOL. Nothing in this CONTRACT shall be construed as transferring or assigning any ownership rights in the Information to STUDENT or any other person or entity. Ownership of the Mobile App and/or Online course and the Information shall remain at all times with DRIVE SMART DRIVING SCHOOL or its licensors. STUDENT is granted a license to use the Mobile App and/or Online course hereunder, as long as STUDENT complies with the terms of this CONTRACT or until DRIVE SMART DRIVING SCHOOL terminates this CONTRACT or STUDENT’s access rights. STUDENT may use the Information solely for taking the Mobile App and/or Online 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 Information; or (iii) use the Information for any purpose other than for taking the Mobile App and/or Online course. STUDENT further agrees to use the Mobile App and/or Online course and the Information for lawful purposes only.
LICENSE GRANT. DRIVE SMART DRIVING SCHOOL grants STUDENT a limited, personal, non-assignable, non-transferable and non-exclusive right and license to use the Mobile App and/or Online course and the Information on a single computer until DRIVE SMART DRIVING SCHOOL terminates this CONTRACT or 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 this CONTRACT 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 Information. STUDENT agrees not to modify the Information in any manner or form, or to use modified versions of the Information, including (without limitation) for the purpose of obtaining unauthorized access to the Mobile App and/or Online course or creating a competitive product. STUDENT agrees not to access the Mobile App and/or Online course by any means other than through the interface that is provided by DRIVE SMART DRIVING SCHOOL for use in accessing the Mobile App and/or Online course. LIMITATION ON LIABILITY. Except as otherwise expressly provided in the foregoing sentence, DRIVE SMART DRIVING SCHOOL provides the Mobile App and/or Online course on an “as is with all faults” basis and STUDENT assumes all risks of using the Mobile App and/or Online course and all risk of errors and/or omissions, including the transmission or translation of the information in the Mobile App and/or Online course. DRIVE SMART DRIVING SCHOOL does not warrant that the functions contained in the Mobile App and/or Online course will be uninterrupted or error-free, that defects will be corrected or that the Mobile App and/or Online course or the server that makes it available are free of viruses or other harmful components and all such warranties are expressly disclaimed. STUDENT assumes the entire cost of all necessary servicing, repair or correction. STJUDENT assumes full responsibility for implementing sufficient procedures and checks to satisfy his or her requirements for the accuracy and sustainability of the Mobile App and/or Online course.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to STUDENT. This warranty gives student specific legal rights. STUDENT may also have other rights which vary from state to state.
STUDENT agrees that in no event shall DRIVE SMART DRIVING SCHOOL (including its officers, directors, employees, affiliates, agents, representatives or subcontractors) be liable for and STUDENT releases DRIVE SMART DRIVING SCHOOL from any liability for the following: (i) any decision or action taken, or not taken by STUDENT in reliance upon the information contained or provided through the Mobile App and/or Online course; (ii) any conduct contemplated by this CONTRACT or in any other manner related to STUDENT’s use of the Mobile App and/or Online course; (iii) any errors, inaccuracies, omissions or other defects in, or untimeliness or lack of authenticity of, the Mobile App and/or Online course or for any delay or interruption in the transmission to STUDENT, or for any claim or loss arising therefrom or occasioned thereby. STUDENT further agrees that in no event shall DRIVE SMART DRIVING SCHOOL be liable for and STUDENT releases DRIVE SMART DRIVING SCHOOL from many any and all non-direct damages, including but not limited to, any special, incidental, punitive, or consequential damages whether or not arising out of or related to this CONTRACT. In no event shall DRIVE SMART DRIVING SCHOOL’s total aggregate liability for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence and strict liability), or otherwise) arising out of or related to this CONTRACT, the Mobile App and/or Online course, and/or use of DRIVE SMART DRIVING SCHOOL’s web site and mobile application, exceed the cost of tuition paid by STUDENT foe the Mobile App and/or Online course even if DRIVE SMART DRIVING SCHOOL or its affiliates have been advised of the possibility of such damages. If and to the extent any payment required to be made under this CONTRACT or damage limitation set forth herein is deemed to constitute liquidated damages, STUDENT acknowledges and agrees that such damages are difficult and impossible to determine and that such payment is intended to be a reasonable approximation of the amount of such damages and not a penalty. Notwithstanding anything to the contrary contained here, STUDENT’s sole and exclusive remedy for any breach of this CONTRACT and/or any liability arising out of or related to this CONTRACT and/or the Mobile App and/or Online course shall be a refund of the tuition paid by STUDENT for the Mobile App and/or Online 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. This clause gives STUDENT specific legal rights. STUDENT may also have other rights which vary state by state.
INDEMNIFICATION. STUDENT agrees to indemnify, defend and hold harmless DRIVE SMART DRIVING SCHOOL, 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 Mobile App and/or Online course (including the Information obtained through the Mobile App and/or Online course), STUDENT’s violation of this CONTRACT, or STUDENT’s violation of any rights of another.
DELAYS IN SERVICES. Any delays in or failure of performance by DRIVE SMART DRIVING SCHOOL or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond DRIVE SMART DRIVING SCHOOL’s control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. DRIVE SMART DRIVING SCHOOL shall have no responsibility to provide STUDENT access to the Mobile App and/or Online course while interruption of the Mobile App and/or Online course due to any such or similar cause shall continue.
ASSIGNMENT. STUDENT assigns and grants all right, title and interest to DRIVE SMART DRIVING SCHOOL to gather, process, analyze, and retain any of the information STUDENT voluntarily supplies during STUDENT’s use of the Mobile App and/or Online course. STUDENT consents to the disclosure by DRIVE SMART DRIVING SCHOOL of any of this information to third party entities in accordance with the Privacy Policy posted on DRIVE SMART DRIVING SCHOOL’s Web Site and Mobile Application, and incorporated herein by reference. STUDENT consents to the aggregation of his or her non-identifying information with like information from other people, and consents to the release of such aggregated information to other parties, including but not limited to the sponsors or third party service providers of DRIVE SMART DRIVING SCHOOL. STUDENT agrees that DRIVE SMART DRIVING SCHOOL may mail him or her or email him or her information about DRIVE SMART DRIVING SCHOOL programs or events. This CONTRACT shall not be assigned in whole or in part by STUDENT without the prior written consent of DRIVE SMART DRIVING SCHOOL and any attempted assignment in contravention of this section shall be void.
NOTICES. Notices to STUDENT may be made via either email, regular mail or by displaying notices or links to notices generally on DRIVE SMART DRIVING SCHOOL’s Web Site and Mobile Application.
PRIVACY POLICY. THE DRIVE SMART DRIVING SCHOOL Privacy Policy may be found from a link at the bottom of the DRIVE SMART DRIVING SCHOOL home page. By accepting the CONTRACT, STUDENT agrees that he or she has read, understands and agrees to the PRIVACY POLICY.
GOVERNING LAW AND FORUM SELECTION. The CONTRACT is 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 Mobile App and/or Online 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 Mobile App and/or Online 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 Mobile App and/or Online 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.
CLASS ACTION WAIVER. For disputes arising between STUDENT and DRIVE SMART DRIVING SCHOOL, or any other user, STUDENT and DRIVE SMART DRIVING SCHOOL agree that each can only bring a claim against each other on an individual basis. Neither STUDENT nor DRIVE SMART DRIVING SCHOOL can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. If a court decides that this “Class Action Waiver” section is not enforceable or is invalid, then this section shall cease to have effect, however, the remaining portions of the CONTRACT will remain in full force and effect.
WAIVER OF RIGHT TO JURY TRIAL. STUDENT knowingly, voluntarily, intelligently, and irrevocably waives his or her rights to a jury trial of any claim or cause of action based upon, arising out of, or in any manner relating to this CONTRACT and/or DRIVE SMART DRIVING SCHOOL’s performance or failure to perform. The scope of this waiver is intended to be all-encompassing and shall apply to any and all claims arising under federal law or any states’ laws and that arise from or relate in any way to the subject matter of the CONTRACT and/or DRIVE SMART DRIVING SCHOOL’s performance, 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. STUDENT expressly acknowledges that this provision is an essential aspect of the bargain embodied by the CONTRACT. If a court decides that this “Waiver of Right to Jury Trial” section is not enforceable or is invalid, then this section shall cease to have effect, however, the remaining portions of the CONTRACT will remain in full force and effect.
CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION. Subject to and without limiting the Governing Law and Forum Selection section, STUDENT expressly agrees that any claim or cause of action that arises from, relates to, or has connection with the Mobile App and/or Online course shall be adjudicated exclusively and finally by arbitration in Austin, Texas, administered by the American Arbitration Association. The arbitration award shall be final and binding, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Except as required by applicable law, STUDENT knowingly, voluntarily, intelligently, and irrevocably waives any right to appeal from the arbitration award, including but not limited to any appeal from any judgment entered on the arbitration award or any order based thereupon. STUDENT agrees that any claim or cause of action that is subjection to arbitration under the CONTRACT must be brought in his or her individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. STUDENT agrees that the arbitrator shall not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. If a court decides this “Mandatory and Binding Arbitration” section is not enforceable or is invalid, then this section shall cease to have effect, however, the remaining portions of the CONTRACT will remain in full force and effect. ATTORNEY’S FEES. If DRIVE SMART DRIVING SCHOOL takes action (by itself or through its representatives) to enforce any of the provisions of this CONTRACT, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, DRIVE SMART DRIVING SCHOOL shall be entitled to recover from STUDENT and STUDENT agrees to pay, reasonable and necessary attorney’s fees and all costs of any litigation or other dispute resolution proceeding.
NO CONFLICTING TERMS. If there is a conflict between this CONTRACT or other documents relating to the Mobile App and/or Online course, this CONTRACT shall govern, whether or not such agreement or other document is prior to or subsequent to this CONTRACT, or is signed or acknowledged by any director, officer, employee, representative or agent of DRIVE SMART DRIVING SCHOOL.
GENERAL INFORMATION. This CONTRACT constitutes the entire agreement between STUDENT and DRIVE SMART DRIVING SCHOOL and govern STUDENT’s use of the Mobile App and/or Online course superseding any prior agreements between STUDENT and DRIVE SMART DRIVING SCHOOL. The failure of DRIVE SMART DRIVING SCHOOL to exercise or enforce any right or provision of this CONTRACT shall not constitute a waiver of such right or provision. If any provision of this CONTRACT 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 CONTRACT 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 DRIVE SMART DRIVING SCHOOL notice of any claim or course of action (“Claim”) arising out of or related to use of the Mobile App and/or Online 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.
TECHNOLOGY SUPPORT SERVICES. Students may contact Drive Smart Driving School’s Customer Experience team for technology and troubleshooting support Sun-Thur, 8am-9pm; Fri, 8am-7pm; Sat, 10am-7pm. These services are available via email at [email protected]
Instructor Taught Drivers Education Terms & Conditions
Drive Smart Driving School’s Terms and Conditions for Texas Instructor-Taught Driver’s Ed
Background. This end user license agreement and terms of service (this “Agreement”) set forth the legally binding terms between Drive Smart Driving School Inc. (“Drive Smart Driving School,” “us,” or “we”) and you, as an end-user of an iOS or Android application offered by Drive Smart Driving School (collectively, the “App”) through which we offer the driver instruction course for which you have registered (the “Course”).
By clicking the “I AGREE” button or by installing the App, you agree, effective as of such date (the “Effective Date”) to be bound by this Agreement.
YOU ARE ONLY AUTHORIZED TO USE THE APP AND TO TAKE THE COURSE IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD NOT INSTALL THE APP OR SHOULD DISCONTINUE USE IMMEDIATELY.
Representations About You. The App is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children through the App. Thus, you represent and warrant to us that you are at least 13 years of age. If you are 13 or older but under the age of 18, you must review this Agreement with your own parent or guardian to make sure that you and your parent or guardian understand it and that they agree to it on your behalf. Also, you represent and warrant that the information that you provide to us about you in connection with the App will be current, true, accurate, supportable, and complete, and promise that you will update this information to keep it current. When using the App while in a vehicle, you agree to not interact with the App unless your vehicle is stationary.
Driver Requirements in Your Jurisdiction. In addition to taking a course like the Course, there are almost certainly additional requirements in your state in order to receive a learner license, instruction permit, learner’s permit, driver’s license, or similar license, including requirements to complete a “behind the wheel” driving instruction course offered by a third party. You acknowledge and agree that it is your sole responsibility to comply with any such requirements. A list of states in which the Course is approved to meet certain licensing requirements (or portions thereof) is set forth in our [State-Specific Terms][1] page. You hereby agree to comply with any state-specific requirements for your jurisdiction set forth in the State-Specific Terms. Drive Smart Driving School does not represent or warrant that the Course will meet the requirements of any other jurisdiction. If a Course is not approved by the state regulatory authorities in your jurisdiction, you may only use the App and the Course for general educational purposes. You use the App at your own initiative and are responsible for compliance with applicable laws.
Certificate of Completion. After you have completed the Course (or a certain number of modules within the Course) and have passed a quiz or final exam, you will receive a certificate acknowledging your completion (“Certificate”) from Drive Smart Driving School. By completing a Course or portion thereof to receive a Certificate, you hereby acknowledge and agree that you have reviewed all of the Course material and answered all quiz or exam questions yourself, as may be required by applicable state law. It is your sole responsibility to present the Certificate to the appropriate regulatory authority in your jurisdiction.
License Grant. Subject to the terms of this Agreement, Drive Smart Driving School hereby grants you a limited, non-exclusive, and non-transferable license to download, install and use the App on a single smartphone, tablet, or another mobile device that you own or control and to use the content, including text, pictures, videos, links and information or instructions made available to you through the App (“Content”) for your personal, non-commercial use.
License Restrictions. You shall not: (i) copy the App or any Content, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the App or the Course; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the App or the Course; or (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or the Course or any features or functionality of the App, to any third party for any reason, including making the App available on a network where it is capable of being accessed by more than one device at any time. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
Reservation of Rights. You acknowledge that the App and the Course is licensed, not sold, to you. Drive Smart Driving School reserves all rights in and to the App and the Course not expressly granted to you under this Agreement. You do not acquire any ownership interest in the App or the Course under this Agreement. Drive Smart Driving School and its licensors reserve and retain the entire right title and interest in and to the App and the Course, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. If you submit comments, suggestions, or other feedback regarding the App (“Feedback”), Drive Smart Driving School will be free to use such Feedback for any purpose. “Drive Smart Driving School” and all associated logos displayed within the App are our trademarks (unless otherwise noted).
Data. In exchange for Drive Smart Driving School providing you with access to the App, you consent to Drive Smart Driving School collecting and using technical data in connection with your use of the App (“Data”), including technical information about your device, system, software, and peripherals. You agree and acknowledge that Drive Smart Driving School owns all rights, titles, and interests in and to any Data that is collected by Drive Smart Driving School from you as the result of your use of the App. Drive Smart Driving School may use such Data for any lawful purpose without a duty of accounting, including without limitation (i) in order to provide the App to you, (ii) as necessary to monitor and improve the App, and (iii) to collect, develop, create, extract or otherwise generate statistics and other information and to otherwise compile, synthesize and analyze such Data (“Blind Data”), provided that Drive Smart Driving School agrees that it shall not use the Data in any manner in which you would be identified.
Confidentiality. You acknowledge that the App, the Content, the terms of this Agreement, and any other proprietary or confidential information provided by Drive Smart Driving School constitutes Drive Smart Driving School’s valuable proprietary information and trade secrets (“Confidential Information”). The information you provide to us about you (such as your name, address, date of birth, and email address) and your test results will constitute your Confidential Information. Each party agrees to preserve the confidential nature of the other’s Confidential Information by retaining and using it in trust and confidence, solely for its internal use except as provided herein, and by using the same degree of protection that such party uses to protect similar proprietary and confidential information, but in no event less than reasonable care, provided that we may transfer your Confidential Information to our partners as may be necessary to deliver the App, the Course, or the Certificate of Completion to you, and to our successors and assigns in connection with a corporate transaction. Each party shall have the right to seek an injunction (without having to post a bond) to prevent any breach or continued breach of this section.
Acknowledgments Regarding Apple, Inc., Google Inc., and other App Store Providers. You acknowledge that this Agreement is between you and Drive Smart Driving School and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any sponsor or provider of any application marketplace (each an “App Store Provider”) and that Drive Smart Driving School (not the applicable App Store Provider) is responsible for the Mobile App. YOU ACKNOWLEDGE AND AGREE THAT NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP OR THE COURSE. If you are using the Mobile App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions, and Apple and its subsidiaries, are third party beneficiaries of this Agreement. If you are using the Mobile App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
Maintenance. Scheduled system maintenance shall take place from time to time, and during such time, updates the Course or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. You specifically acknowledge that outages and downtime may occur.
Updates. Drive Smart Driving School may, but is not required to develop and provide App updates from time to time, which may include upgrades, bug fixes, patches, and other corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that Drive Smart Driving School has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the settings of your mobile device, when your device is connected to the Internet the App will automatically download and install available Updates, or you will be prompted to download and install available Updates. You acknowledge that the App or any of its features may not operate properly if you fail to install Updates. You further agree that all Updates will be deemed part of the App and subject to the terms of this Agreement.
Supplemental Terms. To enjoy certain aspects of the App, supplemental terms (each, “Supplemental Terms”) will apply and are hereby incorporated into this Agreement by this reference. State-Specific Terms and the Supplemental Terms Applicable to Paid Features section below are examples of Supplemental Terms. If we offer other features through or related to the App, other supplemental terms may apply. We will present such additional Supplemental Terms for review and acceptance at the time of the supplemental activity. Supplemental Terms are different from Third Party Terms (defined below) in that Supplemental Terms relate to offerings provided by Drive Smart Driving School, whereas Third Party Terms relate to third party offerings. In the event of any conflict between the terms hereof and any Supplemental Terms, the Supplemental Terms shall govern with respect to the matters contemplated thereby. Additional terms from Drive Smart Driving School.com apply, which can be found at Drive Smart Driving School Terms & Conditions and in the event of any conflict between those terms and any other terms including these terms, the terms found at Drive Smart Driving School Terms & Conditions shall prevail.
Third-Party Offerings. To enjoy certain third-party offerings, certain third-party terms (each, “Third Party Terms”) may apply. Third-Party Terms will be presented for review and acceptance at the time that you undertake such activity within the App, and any such Third Party Terms shall constitute an agreement between you and such third party. We are not responsible for such third-party offerings.
Acknowledgment Regarding SMS Messages and Push Notifications. To the extent the App enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, to the extent the App has push notification capability, by downloading the App and clicking to allow push notifications, YOU CONSENT TO RECEIVE COMMUNICATIONS, INCLUDING COMMERCIAL COMMUNICATIONS FROM OR ON BEHALF OF DRIVE SMART DRIVING SCHOOL AND OUR PARTNERS.
Term and Termination. The term of this Agreement and the license and other rights granted herein commence on the Effective Date and the Course continues until terminated by Drive Smart Driving School or you. You may terminate this Agreement by deleting the App and all copies of it from your mobile device. Drive Smart Driving School may terminate this Agreement at any time without notice if it ceases to support the App, which it may do in its sole discretion, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the Course and destroy all copies, full or partial, of the Course. You acknowledge that Drive Smart Driving School may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation.
Disclaimers and Limitations of Liability. This section is important – please read it carefully. It limits Drive Smart Driving School’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.
{C}(a) {C}Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE COURSE AND THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY.
{C}(b) {C}Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE COURSE OR THE APP. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE AMOUNT YOU PAID FOR THE APP AND THE COURSE, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Export and Other Restrictions. You may not use or otherwise export or re-export the App, the App or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the App or the App was accessed or obtained. The App and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Amendments. This Agreement will not be changed, modified, or amended except by a writing executed by both parties or if you electronically accept a subsequent agreement or amendment delivered by Drive Smart Driving School via a click-to accept mechanism.
Miscellaneous. The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the App and the Course. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Travis County, Texas, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Your use of the App or the Course may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us regarding the Apps. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Supplemental Terms Applicable to Paid Features.
This Section of this Agreement applies only to users who access additional modules to complete the Course.
Paid Content. Users may purchase additional Course materials and modules (“Paid Content”) within the App. Upon receipt of the payment described herein and subject to your adherence to the terms and conditions of the Agreement, we will make the Paid Content available to you. The foregoing does not diminish our ability to terminate your account (without refund) in the event of a breach of the Agreement, or if we cease to support the App.
Payment Terms. To access Paid Content, certain fees will apply. All fees are payable in U.S. dollars, non-refundable (except to the extent set forth below), and are exclusive of applicable sales, excise, use, or similar taxes. You shall pay all such taxes as required by applicable law. You hereby agree to pay the applicable fees through the payment method on file with the applicable App Store. If payment is not received when due, including because the payment method is not valid, we may deny your request to access the Paid Content.
Refund Policy. Drive Smart Driving School Drivers Ed courses are fully refundable if the student has not completed the course AND if the refund request is made within 30 days of purchase. If the purchase was made via credit card, PayPal or the Google Play store, please contact customer support (
[email protected]
) to request a refund.
Contact Us. Please contact us if you have any questions regarding this Agreement.
Drive Smart Driving School
ATTN: Customer Support
DRIVE SMART DRIVING SCHOOL TDLR#C2830
3733 N. Josey Ln. Suite 107B
Carrollton, Texas 75007.
State-Specific Terms
The Course is approved in the following states to meet certain licensing requirements or portions thereof. These State-Specific Terms are Supplemental Terms as defined in the Drive Smart Driving School end user license agreement and terms of service (the “Agreement”) and apply only to users that are residents of the applicable states listed below:
Texas:
The Course is approved by the Texas Department of Licensing and Regulation (TDLR) as an ITDE course.
IF YOU HAVE REASON TO BELIEVE THAT THESE MINIMUM REQUIREMENTS ARE NOT BEING MET OR HAVE A COMPLAINT, PLEASE Contact Texas Department of Licensing and Regulation Driver Education and Safety PO Box 12157Austin, TX 78711(800) 803-9202 [in state only] (512) 463-6599 Fax: (512) 463-9468 Relay Texas-TDD: (800) 735-2989
Drive Smart Driving School is located at 3733 N. Josey Ln. Suite 107B Carrollton, Texas 75007. Phone # 972-446-2200. We are a Texas Department of Licensing and Regulations approved school TDLR#: C2830