Terms of Access

TERMS OF ACCESS
DEFENSIVE DRIVING ONLINE, LTD.
LAST UPDATED 3/14/08

PLEASE READ THESE WEB SITE TERMS OF ACCESS CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING, USING, OR DOWNLOADING MATERIALS FROM THIS WEB SITE, SUCH ACTION CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS OF ACCESS. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF ACCESS, YOU MAY NOT USE THIS WEB SITE.

For more information about the topics in these Terms of Access, please email us at .

1. ACCEPTANCE OF TERMS. Welcome to the Defensive Driver Online, Ltd. (“DDO”) web site. DDO provides access to its web site (any and all pages of which will be referred to herein as the “Web Site”), subject to the following TERMS OF ACCESS (“TOA”). As used in these Terms of Access, the term “our” refers to DDO and the term “you” refers to you, the user of the Web Site. You acknowledge that, in exchange for access to the information available on the Web Site, and the ability to participate in the programs or services offered on the Web Site, you are bound by this TOA. DDO may update, amend or change the Web Site or this TOA at any time, without notice to you; therefore, you must consult the most recent version of this TOA (and not an older cached version) each time you visit the Web Site. Use of the Web Site constitutes your acceptance of this TOA, in its current form or as subsequently modified. In addition, once you have registered to take our driving safety course, you and DDO shall be subject to the “Terms of Use Agreement” that you agree to at the time of registration for the course. You may view a copy of the current Terms of Use Agreement by clicking here.

2. DESCRIPTION OF SERVICES. DDO currently provides those that access its Web Site with links and information regarding driver safety issues and various state laws that may help users to obtain the dismissal of a traffic ticket and obtain a reduction in their automobile insurance premiums, as well as access, for a fee, to the DDO Course. The information on this Web Site is provided solely for your personal knowledge enrichment, and in compliance with any requirements or directives of the Texas Education Agency, the state agency responsible for approving driving safety courses in Texas. This Web Site is not intended and shall never be construed as being a substitute for professional legal advice and does not constitute a legal opinion or legal advice for any purposes. You may not rely on information on this Web Site as a legal opinion or advice and you are urged to consult with a qualified licensed attorney if you have any questions of a legal nature. Unless explicitly stated otherwise, any new features that augment or enhance the current Web Site, including the provision of discussion forums, news or links to other service providers or vendors of products, shall be subject to this TOA. You understand and agree that DDO assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization 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 Web Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. DDO has no obligation to make changes to its Web Site or its server equipment to accommodate any requirements of your computer, modem or software.

3. DDO PRIVACY POLICY. Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy at http://www.defensivedriving.com/ddo/privacy_policy.html.

4. MODIFICATIONS TO THE SERVICES. DDO reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, access to the Web Site (or any part thereof) with or without notice. You agree that DDO shall not be liable to you or to any third party for any modification, suspension or discontinuance of access to the Web Site.

5. TERMINATION. You agree that DDO, in its sole discretion and at any time, may terminate your access to the Web Site and/or your password, account (or any part thereof) or your access to or use of the DDO Course, for any reason, including, without limitation, for lack of use or if DDO believes that you have violated or acted inconsistently with the letter or spirit of this TOA. You acknowledge and agree that DDO 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 Web Site. If you do not wish to receive any emails or materials from DDO, you may choose to opt out by sending an email to help@defensivedriving.com notifying DDO that you do not wish to receive emails or materials from DDO.

Termination or cancellation of this TOA shall not affect any other right or relief to which DDO may be entitled, whether at law or in equity. Upon termination of this TOA, all rights granted to you will terminate and revert to DDO, regardless of the reason for cancellation or termination. You agree to certify in writing to DDO your compliance with these requirements upon DDO’s request. All provisions in this TOA relating to proprietary rights, indemnification and limitation of liability shall survive termination.

6. MONITORING. You acknowledge that DDO reserves the right to, and that DDO may from time to time choose to, monitor any and all information transmitted or received through the Web Site. DDO, in its sole discretion and without further notice to you, may review, censor or prohibit the transmission or receipt of any information which DDO deems inappropriate or that DDO determines violates any term or condition of this TOA.

7. DEALINGS WITH ADVERTISERS. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that DDO 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 Web Site.

8. LINKS. When using the Web Site, you may sometimes be linked to third party web sites or resources. You acknowledge and agree that DDO is not responsible for the availability of any third party web sites or resources, and does not endorse and is not responsible or liable for any content, information, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DDO 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 the use of or reliance on any such content, information, goods or services available on or through any such site or resource. Links from this Web Site are provide for convenience only, and are not intended as an endorsement by DDO of the organization or individual operating the third party web site or a warranty of any type regarding either the third party web site or the information on the third party web site. You may link to any page on this Web Site only if your links do not use any of DDO’s proprietary trademarks, service names, trade names, logos, marks, or other distinctive graphics, video, or audio material and you shall not link in a manner reasonably likely to 1) imply affiliation with or endorsement or sponsorship by DDO or its affiliates; 2) cause confusion, mistake, or deception; 3) dilute DDO’s trademarks or service marks; or 4) otherwise violate state or federal law.

9. DDO’S PROPRIETARY RIGHTS; COPYRIGHT AND TRADEMARK INFORMATION AND USE RESTRICTIONS
All of the information included on this Web Site, 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 DDO. DDO 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 DDO. 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 Web Site belong to DDO or its licensors. The Information is the valuable, exclusive property of DDO. Nothing in this Agreement shall be construed as transferring or assigning any ownership rights in the Information to you or any other person or entity. Ownership of the Web Site and the Information shall remain at all times with DDO or its licensors. You have a license to use the Web Site, as long as you comply with the terms of this TOA or until DDO terminates this TOA or your access rights. You may use the Information solely for browsing the Web Site. You may not use the Information for any other purpose. You may not copy, reproduce, republish, upload, store for subsequent use, post, transmit, alter, adapt, distribute, commercially exploit, sublicense or publicly display the Information or any portion of the Information in any manner whatsoever without DDO’s prior written consent, except that you may make such temporary copies as are necessary to browse the Web Site. You may not resell, redistribute, broadcast or transfer the Information or use the 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 Web Site and the Information for lawful purposes only. All rights not granted to you herein are expressly reserved by DDO or its licensors. DDO and its licensors reserve all rights to enforce their copyright and intellectual property rights.

10. LICENSE GRANT. DDO grants you a limited, personal, non-assignable, non-transferable and non-exclusive right and license to use the Web Site and the Information on a single computer until DDO terminates this TOA or your access rights; provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this TOA and 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 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 DDO Course.

11. DISCLAIMER OF WARRANTY. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, DDO PROVIDES THE DDO WEB SITE TO YOU ON AN “AS IS, WITH ALL FAULTS” BASIS. DDO EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, OR SERVICES, 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 WEB SITE OR THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR WILL BE SUITABLE FOR YOUR NEEDS. RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE OR ON ANY THIRD PARTY WEBSITES LINKED THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

DDO does not warrant that the functions contained in the Web Site will be uninterrupted or error-free, that defects will be corrected or that the Web Site or the server that makes it available are free of viruses or other harmful components and all such warranties are expressly disclaimed. You assume all risk of using the Web Site and all risk of errors and/or omissions, including the transmission or translation of Information in the Web Site. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR SYSTEMS OR REQUIREMENTS NEEDED TO ACCESS THE WEB SITE. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Web Site.

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.

12. LIMITATION ON LIABILITY. DDO (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) (COLLECTIVELY “DDO PARTIES”) SHALL NOT BE LIABLE FOR AND YOU HEREBY RELEASE DDO FROM ANY LIABILITY FOR THE FOLLOWING: (i) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN BY YOU IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED THROUGH THE WEB SITE, (ii) ANY CONDUCT IN ANY MANNER RELATED TO YOUR USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY ALLEGED DAMAGES RELATING TO THE DISMISSAL OF, OR FAILURE TO DISMISS, ANY TRAFFIC TICKET OR YOUR ABILITY OR INABILITY TO OBTAIN A DISCOUNT ON YOUR AUTOMOBILE INSURANCE, AND (iii) ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR LACK OF AUTHENTICITY OF, THE WEB SITE OR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR ANY CLAIM OR LOSS ARISING THEREFROM OR OCCASIONED THEREBY.

YOU FURTHER AGREE THAT IN NO EVENT SHALL DDO BE LIABLE FOR AND YOU HEREBY RELEASE DDO FROM ANY AND ALL NON-DIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHETHER OR NOT ARISING OUT OF OR RELATED TO USE OF THE WEB SITE.

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.

13. INDEMNIFICATION. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DDO, ITS SUBSIDIARIES, LICENSORS, AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS, FOR AND AGAINST ALL CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM OR RELATED TO YOUR ACCESS, CONNECTION TO, OR USE OF, OR YOUR INABILITY TO USE, ACCESS, OR CONNECT TO, THE WEB SITE, (INCLUDING THE INFORMATION OBTAINED THROUGH THE WEB SITE), YOUR VIOLATION OF THE TOA OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

14. DELAYS IN SERVICES; FORCE MAJEURE. Any delays in or failure of performance by DDO 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 DDO’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. DDO shall have no responsibility to provide you access to the Web Site during interruption of the Web Site due to any such or similar cause shall continue.

15. CHILDREN’S PRIVACY. The Children’s Online Privacy Protection Program took effect on April 21, 2000 and pertains to web sites directed towards children under 13 years of age. DDO does not collect information on any person under 13 years of age. Therefore, if you are under 13 years of age, you may not access the Web Site, enroll in any of our programs, or use the DDO Course or any of our services. If you are eligible to use our Web Site, but are under the age of 18, we ask that your parents be involved in any information you provide to us about yourself or others. By using the Web Site, you represent that you are not under 13 years of age and that you are at least 18 years of age. If the person using the Web Site is younger than 18 years of age, you represent that you are the legal guardian of the child/children using the Web Site and give your consent for that child to access the Web Site and for DDO to collect information on that child. If you are not 18 years of age or older EXIT NOW, until your legal guardian has reviewed this TOA and consents to you accessing the Web Site.

16. ASSIGNMENT. You assign, and grant all right, title and interest to DDO to gather, process, analyze, and retain any of the information you voluntarily supply during your use of the Web Site. You consent to the disclosure by DDO of any of this information to third party entities in accordance with the Privacy Policy posted on the Web Site, and incorporated herein by reference. You consent to the aggregation of your non-identifying information with like information from other people, and consent to the release of such aggregated information to other parties, including but not limited to the sponsors or third party service providers of DDO. You agree that DDO may mail you or email you information about DDO programs or events.

17. EXPORT CONTROL. This TOA is expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the Web Site. You agree that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. DDO makes no representation that materials on the Web Site are appropriate or available for use in locations outside the United States of America, and accessing them from territories where their contents are illegal is prohibited. If you choose to access this Web Site from another country, you do so on your own initiative and are responsible for compliance with the laws of your local jurisdiction regarding import or export of the Web Site and access software.

18. NO CONFLICTING TERMS. If there is a conflict between this TOA, the Terms of Use Agreement, any enrollment contract for the DDO Course or other documents relating to the Web Site, this TOA shall govern, whether such agreement or other document is prior to or subsequent to this TOA, or is signed or acknowledged by any director, officer, employee, representative or agent of DDO.

19. ATTORNEY’S FEES. If DDO takes action (by itself or through its representatives) to enforce any of the provisions of this TOA, 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, DDO shall be entitled to recover from you and you agree to pay, reasonable and necessary attorney’s fees and all costs of any litigation or other dispute resolution proceeding.

20. NOTICES. Notices to you may be made via email, regular mail or by displaying notices or links to notices to you generally on the Web Site.

21. GENERAL INFORMATION. This TOA, together with the Terms of Use Agreement, if you attempt to access the DDO Course, constitute the entire agreement between you and DDO and govern your use of the Website, superseding any prior agreements between you and DDO. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. This TOA and the relationship between you and DDO shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and DDO agree, to the maximum extent permitted by applicable law, to submit to the personal and exclusive jurisdiction of the courts located within Harris County, Texas. The failure of DDO to exercise or enforce any right or provision of this TOA shall not constitute a waiver of such right or provision. If any provision of this TOA 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 TOA 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 (“Claim”) arising out of or related to use of the Web Site 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 this TOA are for convenience only and have no legal or contractual effect.


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