Terms of Use Agreement

Effective Date: 05/19/2016

Please review the following Terms of Use Agreement (hereinafter "Agreement") entered into between you (the website user or student) and Highway Traffic School, LLC (hereinafter "Company"), who operates Highway Traffic School (www.highwaytrafficschool.com, hereinafter "Website"). By registering, accessing, or using the Website, you are agreeing to comply with and be bound by these terms of use. If you do not agree to these terms, please do not use the Website.

BY ACCESSING THE WEBSITE, YOU AGREE TO ALL TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND CONDITIONS CONTAINED IN THE UPDATED PRIVACY POLICY AND REFUND POLICY. ALL INFORMATION OBTAINED OR PROVIDED THROUGH THE WEBSITE IS GOVERNED BY THE PRIVACY POLICY.

1.   Acceptance of Agreement

You agree to the terms and conditions outlined in this Agreement with respect to the Website. This Agreement constitutes the entire and only agreement between you and the Company, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Website, the content, products, or services provided by or through the Website, and the subject matter of this Agreement. By accessing the Website, you agree and acknowledge that you have read, understood, and shall be bound by this Agreement, regardless of whether you have paid any registration fees, created and/or maintained an account, or participated in the Website. If you do not agree with the terms of this Agreement, then you shall not access the Website.

The Company may revise this Agreement at any time, without notice, by updating this posting. The terms and conditions contained therein shall be effective immediately upon posting. Use of the Website, shall constitute acceptance by you of any and all changes and revisions. Therefore, you should periodically visit this webpage to determine the then current Agreement to which you are bound.

2.   Copyright

All Website content, including, but not limited to, text, pictures, graphics, and other files, and the selection and arrangement thereof are copyrighted materials of the Company or by the original creator of the material. The copying, redistribution, use, or publication by you of any such matters or any part of the Website, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Website. The posting of information or materials on the Website does not constitute a waiver of any right in such information and materials. Some of the content on the Website may be the copyrighted work of third parties, in which case the Company has obtained a release to use such copyrighted materials. You may not distribute, copy, reproduce, display, republish, download, or transmit any material on the Website for commercial use without the Company's prior written approval.

Any software, including codes or other materials that are made available to download from the Website is the copyrighted work of the Company and/or affiliates. If you downloaded software from the Website, use of such software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement.

3.   Service Marks

The trademarks, service marks, trade names, and logos (hereinafter "Trademarks") used and displayed on the Website are registered and unregistered Trademarks of the Company. In addition, all page headers, custom graphics, icons, and scripts are service marks, trademarks, and/or trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without the prior written approval of the Company. You acknowledge that the Trademarks used and displayed on the Website are and shall remain the sole property of the Company or the trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks to you. Further, nothing in the Website shall be construed as granting, by implication, estoppels, or otherwise any license or right to use any Trademark used or displayed on the Website, without the express written approval of the Company or the trademark owner. The misuse of the Trademarks or any other content displayed on this Website is strictly prohibited.

4.   Limited License; Permitted Uses

You are granted a personal, non-exclusive, non-assignable, non-transferable, and revocable license (i) to access, display, and use the Website strictly in accordance with this Agreement; (ii) to use the Website solely for internal, personal, non-commercial purposes; and (iii) to print out discrete information from the Website solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Website or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. You may not sublicense, assign, or transfer this license to any other student or person.

5.   Restrictions and Prohibitions on Use

Your license for access and use of the Website and any information, materials, or documents (collectively defined as "Content and Materials") therein are subject to the following restrictions and prohibitions on use. You may not:

  1. copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the Website or any Content and Materials retrieved therefrom;
  2. use the Website or any materials obtained from the Website to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
  3. create compilations or derivative works of any Content and Materials from the Website;
  4. use any Content and Materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of the Company or any third parties;
  5. remove, change, or obscure any copyright notice or other proprietary notice or terms of use contained in the Website;
  6. make any portion of the Website available through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future;
  7. remove, decompile, disassemble, or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture;
  8. use any automatic or manual process to harvest information from the Website. Use of robots, spiders, other automatic or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Website or the content contained therein without Company’s prior written approval;
  9. use any device, software, or routine to interfere with the proper working of the Website;
  10. use the Website for the purpose of gathering information for or transmitting (i) unsolicited commercial email or spam; (ii) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (iii) unsolicited telephone calls or facsimile transmissions;
  11. use the Website in a manner that violates any state or federal law regulating email, facsimile transmissions, or telephone solicitations; and
  12. export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of the United States.

6.   Registration

Certain sections of, or offerings from, the Website may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (i) any other person using the registered sections under your name; or (ii) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

You declare under penalty of perjury that only you will use the services provided by Company, without the assistance of any other person and during a time when you are not under the influence of any alcohol or drugs, including, but not limited to, (i) studying the material; (ii) participating in the course; (iii) completing all of the required quizzes; and (iv) taking the final exam.

Your course will remain active for one-hundred and eighty (180) days or thirty (30) days after your court date, whichever occurs first. If, after this period, the course is still in an active status, and the student does not contact the Company to request additional time to complete the course, the course status will be changed to “incomplete.” You will not be able to access the course, and will not be eligible to receive a refund for any registration fees paid.

The Company makes no warranty, expressed or implied, that a student will successfully complete any course.

7.   Registration Fees and Payments

We reserve the right to charge fees for access at any time to all or part of the Website. In no event will you be charged for access to all or part of the Website unless we obtain prior agreement from you to pay for those services. If you do not consent to the payment, however, you may not have access to all or part of the Website. All payments made by you to the Company for registration to the Website or for any other products or services on or associated with the Website shall be made in United Stated Dollars.

If you are purchasing a registration fee, product, or service from the Company, you represent and warrant that (i) any credit card information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Payment for a registration fee, product, or service provided to you in, at, through, or in association with the Website may be made by credit card, debit card, direct debit, online checks, and/or other approved payment means offered by the Website, and you hereby authorize the Company to transact such payments on your behalf.

You hereby authorize the Company’s Internet Payment Service Provider to charge your credit card to pay for your registration to the Website, and for any and all purchases of products or services made on the Website. You shall be personally liable for all charges incurred by you for use of any content provided by the Company in association with the Website. You agree that your liability for all such charges will continue after completion of any services provided by the Company.

Any and all registration fees, products, and services provided by Company in association with the Website are one-time fees and non-recurring.

8.   Refunds

Refunds policies vary by state and/or course. The refund policies are displayed on each individual course page(s) and each are part of this Agreement.

9.  Non-Transferable

Your right to use the Website is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

10.  Linking to the Site

You are provided with a limited, non-exclusive right to create hyperlinks to the Website, provided (i) the hyperlink is to the entry page of the Website, (ii) links do not portray the Company or any products or services in a false or misleading manner, (iii) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Website, (iv) your website does not engage in illegal activities, and (v) you discontinue providing links to the Website immediately upon request by the Company.

11.  Third-Party Content

Third-party content may appear on the Website or may be accessible via links from the Website. The Company is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, or profanity in the statements, opinions, representations or any other form of content on the Website. You understand that the information and opinions in the third-party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect the belief of the Company. Such websites are not investigated, monitored or checked for accuracy or completeness by the Company. Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by the Company. If you decide to leave the Website and access these third-party websites, you do so at your own risk.

12.  Third-Party Services

Company may allow access to or advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods or services. You understand that the Company does not operate or control the products or services offered by the Merchants. The Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. The Company is not a party to the transactions entered into between you and the Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE COMPANY, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS THE COMPANY LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THE MERCHANTS OR FOR ANY INFORMATION APPEARING ON THE MERCHANTS SITE OR ANY OTHER SITE LINKED TO OUR SITE.

13.  Errors, Corrections, and Changes

The Company does not represent or warrant that the Website will be free of viruses, worms, Trojan horses, or other harmful components. The Company does not represent or warrant that the information available on or through the Website will be error-free, correct, accurate, timely, uninterrupted, or otherwise reliable, or that defects will be corrected. The Company may make changes to the features, functionality, or content of the Website at any time. The Company reserves the right in its sole discretion to edit or delete any documents, information, or other content appearing on the Website.

14.  Warranties

While the information contained on the Website has been compiled from sources believed to be reliable and correct, the Company makes no warranty, expressed or implied, with respect to the use of any information, method, or process disclosed on the Website nor that such use may not infringe upon privately owned rights, and does not assume any liabilities or responsibilities, expressed or implied, with respect to the use of, or for damages resulting from, the use of any information, method, or process disclosed on the Website or the accuracy of the information contained herein.

The Website is not intended or designed to give legal advice on the compliance with Federal, State, or Local laws and regulations. It should be noted that laws, regulations, and standards are subject to revisions, additions, or deletions, at any time.

The successful completion of any course offered by the Company does not guarantee, and the Company makes no warranty, expressed or implied, that the student will increase his or her ability to be a safe driver, will be free from accidents, or will reduce or eliminate the likelihood of receiving a subsequent citation.

15.  Unlawful Activity

The Company reserves the right to investigate complaints or reported violations of this Agreement and to take any action it deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

16.  Indemnification

You agree to indemnify, defend, and hold the Company and its partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website.

17.  Limitation of Liability

The Company and any Affiliated Parties shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Website or any services or products obtainable therefrom, (ii) the unavailability or interruption of the Website or any features thereof, (iii) your use of the Website, (iv) the content contained on the Website, or (v) any delay or failure in performance beyond the control of the Company or Affiliated Parties.

You acknowledge that if the material of information from this Website results in the need for servicing, repair, or correction of the student’s equipment or data, the student shall assume all costs therefrom.

18.  Use of Information

The Company reserves the right, and you authorize the Company, to use any and all information regarding your use of the Website and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to the Company (collectively, a "Submission") will forever be Company property. The Company will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations. Without limitation, the Company will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. The Company will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not the Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

19.  Privacy Policy

The Privacy Policy, as it may change from time to time, is a part of this Agreement. You must review this Privacy Policy by clicking on this link.

20.  Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the Content and Materials provided therein.

21.  Actions we may take at our Sole Discretion

The Company may take any or all of the following actions at our sole discretion:

  1. Remove any account which we deem inappropriate, suspect to be illegal, subject company to liability, violates the terms of this Agreement, or where the Company is required to do so by law.
  2. Issue a verbal or written warning and take such further action as we deem appropriate if such warnings are not heeded.
  3. Suspend or terminate access to the Website without notice at any time, and without any right for a refund of any registration fees paid and to refuse to provide any future registration, product, or service.
  4. Inform the appropriate authorities and provide the authorities with information regarding any suspected illegal activity; or bring legal action against a student or other user of the site in relation to any breach of terms of this Agreement or any illegal activity.

22.  Applicable Laws, Venue, Jurisdiction, and Mandatory Arbitration

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement may be assigned in whole or in part by the Company. This Agreement shall not be assigned in any manner by you without our prior written permission.

  1. Any and all disputes or controversies of any kind, including but not limited to any performance, duty, obligation, or liability arising under or related to this Agreement that are not first resolved informally, shall be determined by litigation in a court of competent jurisdiction in San Diego, California.
  2. This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law’s provisions. You and the Company agree that the venue for all legal disputes arising under this Agreement shall be San Diego, California. You further agree that in the case of any litigation regarding this Agreement, you irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts having jurisdiction for the County of San Diego, State of California for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in San Diego County, State of California , (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the courts of San Diego County, State of California represent the exclusive jurisdiction for all litigation relating to this Agreement.

23.  Disclaimer

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH THE WEBSITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. THE COMPANY AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 18. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU. THE WEBSITE AND THE PRODUCTS, SERVICES, DOCUMENTS, AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY THROUGH THE WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE COMPANY.

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