I, hereafter referred to as "STUDENT" agree to complete the Texas Adult Drivers Education course (six-hour theory instruction) provided by I Drive Safely, LLC, referred to as the "COURSE PROVIDER", and agree to be legally bound by the terms and conditions of this Agreement.
COURSE SCHEDULE
I Drive Safely, hereafter referred to as the "SCHOOL", offers a Texas Adult Drivers Education Online six-hour theory instruction course composed of 9 training units spanning six hours of instruction, hereafter referred to as the "COURSE". The course will be available to the STUDENT online, 24 hours a day, seven days a week. This availability may be affected by circumstances such as - but not limited to - system, site, or connectivity failure over which the course provider has no control. The course will begin on March 19, 2020 and is scheduled to end on September 15, 2020 dependent upon STUDENT pace.
COURSE TUITION
The course tuition in the amount of $40.90 will be charged to the STUDENT. This fee includes all required instructional materials and the mailing of your six-hour certificate of completion via USPS first-class mail. STUDENT may choose other shipping options for an additional charge. The course tuition must be paid in full prior to course completion.
ELIGIBILITY
PLEASE NOTE: STUDENT must be at least 18 years of age to take the Texas Adult Drivers Education course (six-hour theory instruction).
COURSE COMPLETION DATE
The STUDENT agrees to a mandatory completion date of within 180 days of registration. The SCHOOL will terminate, without notice, the enrollment of any STUDENT who has not successfully completed the course within 180 days of registration. If terminated, the STUDENT will be eligible to re-enroll, but will be required to retake all instruction and repay the course tuition at the then current tuition rate.
CERTIFICATE OF COMPLETION
The STUDENT agrees to complete all instructional phases of the curriculum to receive a completion certificate. The SCHOOL is prohibited from issuing certificates of completion to a STUDENT who has not met all the requirements for course completion. No portion of the Certificate of Completion shall be issued without all tuition and fees payments made in full to the SCHOOL.
STUDENT will be required to pay a replacement certificate fee of $10.00 if at no fault of SCHOOL, STUDENT requests a duplicate and/or reissue of the original certificate of completion.
GRADING AND PROGRESS POLICY
The STUDENT agrees that HE/SHE may not be certified or given credit for the course unless they score 70% or higher on each unit assessment and the final exam (up to three retakes permitted). Alternative testing techniques for students with reading, hearing, or learning handicaps, and policies for re-testing students who score less than 70% will be a) online review of course material and b) online re-testing.
AUTHENTICATION
The COURSE PROVIDER shall include personal validation questions throughout the course twelve (12) times in order to validate the personal identity of the STUDENT. In the event STUDENT is unable to provide the correct answer on four (4) separate validation instances, he/she will be logged out of the course and can be reinstated only by the course administrator, in compliance with TDLR regulations. STUDENT shall have 60 seconds for each question. Failure to respond correctly or failure to respond within the 60-second time limit three times shall result in authentication failure.
CIRCUMVENTION WARNING
The STUDENT agrees that he/she, and not any other person, will study the material in its entirety, and complete the Unit assessments and final exam. It is illegal to attempt to circumvent this course or provide false information. If the SCHOOL discovers that the STUDENT has willfully misrepresented himself/herself or has cheated, the STUDENT will be expelled from the SCHOOL and the course. In such a case, the STUDENT will receive no refund of the registration fees, and may be prosecuted for perjury and other criminal acts punishable by law.
CANCELLATION AND REFUND POLICY
It is important to us that you are satisfied with your purchase. If you change your mind about the course, we'll refund the full cost of the course purchased on our website within thirty (30) days of purchase. Refunds will only be issued if the course has not been completed. We will issue your refund within thirty (30) days of your request.
HARDWARE AND SOFTWARE
The SCHOOL prescribes minimum hardware and software requirements for completing the course. Minimum browser requirements include the latest or prior version of Microsoft Internet Explorer (MSIE), Firefox, Google Chrome, or any other browsers that provide equal or greater functionality. In addition, the browser needs to be equipped with Adobe Flash Player 11.8 or greater for Mac and Windows operating systems, or version 10.0 or greater for devices running the Linux operating system. This plugin is entirely free and is made available on http://www.adobe.com for download and installation. Our course content contains some modules and videos built using Flash. These components will not function on devices that do not support Flash such as Apple iPad and other tablet devices. We are working to update our course content to support iPad and other tablet devices. The browsers need to support Java and JavaScript. Course reference materials may be available to the STUDENT which require Adobe Acrobat Reader 9.0 or newer. The minimum hardware required is such that it should be able to support the software configuration listed above. The course requires the use of a pointing device such as a mouse. The SCHOOL recommends that the hardware be equipped with speakers. All STUDENTS should evaluate their software and hardware prior to starting the course.
COURSE REFERENCE MATERIALS
Course reference materials, such as a digital copy of the DPS Handbook, are available to STUDENT. The digital copy of the DPS Handbook requires Adobe Acrobat Reader 9.0 or greater to read or print. STUDENT may download the latest version of Adobe Acrobat Reader for free at http://get.adobe.com/reader/.
PRIVACY STATEMENT
The SCHOOL collects information from its users at several different points on the website. The SCHOOL will not use or sell this information to promote products or services unrelated to this course/product, or in ways different from what is disclosed in the Privacy Statement. Go to http://www.idrivesafely.com/privacy to view the entire statement, which is incorporated by this reference. By agreeing to these terms and conditions, you are agreeing to the collection, use, and disclosure of your personal information as described in the Privacy Statement.
SURVEY SUBMISSIONS
After completion of the course, the COURSE PROVIDER may request information from STUDENT via surveys. Participation in these surveys is completely voluntary. The requested information typically asks the reason for choosing our site, how the STUDENT heard about our site, level of computer expertise, and means of connecting to the Internet.
Survey information will be used for purposes of monitoring or improving the use and satisfaction of our sites and for statistical purposes. We may also use your survey information for customer testimonial. You have a choice whether or not to have your survey information used for a testimonial. If you prefer, you can opt to have your responses kept out of our customer testimonials. By submitting the answers to the Survey, the STUDENT gives the COURSE PROVIDER permission to reprint, reproduce or use the answers for customer testimonial, under the following terms and conditions as listed below:
- The STUDENT acknowledges and agrees that the COURSE PROVIDER shall have the right to publish his answers, in whole or in part, in any format or media, whether now known or hereafter developed.
- The reprint, reproduction or use of the answers will be at the COURSE PROVIDER's discretion and without compensation;
- The STUDENT agrees to let the COURSE PROVIDER display the STUDENT'S answers with his/her first name, last initial and city/state;
- The COURSE PROVIDER'S right to use the answers is perpetual and may be assigned;
- The STUDENT, and not someone else, composed and submitted the answers.
REPRESENTATIONS AND WARRANTIES
STUDENT represents and warrants that the user information and registration information provided by STUDENT is true and correct, and acknowledges that the truth and accuracy of such information is a material inducement to SCHOOL in permitting STUDENT to enroll in the course. STUDENT further acknowledges and agrees that any willful or intentional misrepresentation by STUDENT regarding such user information or registration information constitutes a breach of this agreement and of the representations and warranties by STUDENT as provided in this agreement, and may subject STUDENT to liability for damages incurred by SCHOOL as a result thereof, including but not limited to general, consequential, and punitive damages.
DISCLAMIER NOTICE - No warranty, guarantee, or representation is made by the SCHOOL as to the absolute correctness or sufficiency of any representation presented, and the SCHOOL assumes that all acceptable safety measures can be presented, or that other or additional measures may not be required under particular or exceptional circumstances. Successful completion of a state-approved driver education course does not imply that the STUDENT is an accomplished driver.
LIMITATION OF LIABILITY
STUDENT acknowledges and agrees that the liability of COURSE PROVIDER and its agents, employees, and parent company for any act, omission to act, or negligence on the part of COURSE PROVIDER and its agents, employees, and parent company is strictly limited to and shall not exceed the amount of the registration fee actually paid by STUDENT.
MANDATORY ARBITRATION, CLASS ACTION WAIVER AND OTHER RESTRICTIONS
The STUDENT acknowledges and agrees that any claim or dispute with COURSE PROVIDER and/or its agents, employees, and parent company whether based on contract, tort, or any other legal theories, shall be resolved pursuant to mandatory and binding arbitration under the American Arbitration Association's (AAA) rules including AAA's Consumer Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
At least 30 days prior to initiating arbitration, the STUDENT shall provide the COURSE PROVIDER with written notice of the STUDENT'S intent to seek arbitration that briefly describes the nature of STUDENT'S claim or dispute and the amount of money and other relief STUDENT is seeking pursuant to the claim or dispute. The notice shall be submitted to:
Attn: Terms & Conditions
100 E. San Marcos Boulevard, Suite 425
San Marcos, CA, 92069
Email: PrivacyPolicy@IDriveSafely.com
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. COURSE PROVIDER will, however, reimburse STUDENT for these fees for claims seeking less than $2,000 unless the arbitrator determines the claims are frivolous. Likewise, COURSE PROVIDER and its agents, employees, and parent company will not seek attorneys' fees or costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the state where you live or at another mutually agreed location.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
The STUDENT and COURSE PROVIDER and its agents, employees, and parent company agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. Accordingly, the arbitration shall proceed solely on an individual basis and without the right for claims to be arbitrated on a class action basis or asserted in any other purported representative capacity. Claims submitted to arbitration may not be joined or consolidated with claims asserted by others unless agreed to in writing by all parties.
The STUDENT and COURSE PROVIDER and its agents, employees, and parent company agree that no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions, if any portion of this Mandatory Arbitration, Class Action Waiver and Other Restrictions provision is deemed invalid or unenforceable, then the entire provision shall not apply.
SUBSCRIPTION BILLING
If STUDENT has signed up for a service or product that involves monthly or other recurring billing or fees, this section applies. STUDENT may incur a charge on a monthly basis to his or her payment method on the calendar day corresponding to the commencement of the paying portion of the registration until the account is cancelled. STUDENT may update his or her Payment Methods through the payment service providers. Following any update, STUDENT authorizes the continued use of the applicable Payment Method(s). The COURSE PROVIDER reserves the right to change the subscription plans or adjust pricing for the service in any manner and at any time. Any change will take effect following notice to STUDENT.