These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, getdriversed.com By using our Website, you accepted these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website.

Please note that these terms contain a class action waiver of a right to a jury trial, and a mandatory and arbitration clause.

This Get Drivers Ed. Terms of Use Agreement (“CONTRACT”) is a legal agreement between (“STUDENT”) and Get Drivers Ed. (“Get Drivers Ed”). By clicking on the Accept (or similar) button at the bottom of this CONTRACT, accessing and using this Site, STUDENT agrees to be bound by the terms of this CONTRACT.

Eligibility:

Our website and services are intended for use by individuals who are at least 14 years old. By using our website or services, you represent and warrant that you are at least 14 years old and have the legal capacity to enter into a binding contract.

SECURITY AND VALIDATION POLICY.

STUDENT acknowledges that: (i) it is illegal to attempt to circumvent this 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 Online course. STUDENT represents that the information provided to Get Drivers Ed is true and correct and that if Get Drivers Ed determines that STUDENT has misrepresented his/her identity, STUDENT will be removed from the 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 Get Drivers Ed 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 Get Drivers Ed, prevent fraud, or for any other permissible purpose. Get Drivers Ed 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 Get Drivers Ed.

TUITION SCHEDULE. The total cost of the Online course is stated at the time of purchase.

COURSE SCHEDULE. The Online course shall generally be accessible and available to STUDENT twenty-four (24) hours per day following receipt of payment for the Online course (“COURSE START”). STUDENT’s access to and use of the Online course shall be subject to the license granted herein. STUDENT will have 182 days from COURSE START to successfully complete the Online course. 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 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 Online course. If, at any time, STUDENT is unable to access the Online course, Get Drivers Ed will adjust the COURSE END date to reflect the period of time when access was unavailable, if and only if, STUDENT contacts Get Drivers Ed by telephone at +1 877-779-3336 and informs Get Drivers Ed of the unavailability of access, and if the unavailability of access is the fault of Get Drivers Ed. STUDENT acknowledges and agrees that interruptions in Internet service may occur over which Get Drivers Ed has no control or responsibility.

REFUND POLICY.

Get Drivers Ed courses are fully refundable if the STUDENT has not started the course AND if the refund request is made within 3 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 third day after the enrollment contract is signed by the STUDENT, unless the STUDENT has successfully started/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.

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). Get Drivers Ed reserve 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.

STUDENT REGISTRATION OBLIGATIONS.

In consideration of STUDENT’s use of the 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 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 Get Drivers Ed shall not be liable to STUDENT or any third party for any termination of his/her access to his/her password, account or the 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 Online course gives permission for Get Drivers Ed to collect information on STUDENT, and consents to STUDENT taking the Online course. If STUDENT provides any information that is untrue, inaccurate, not current, or incomplete, or Get Drivers Ed has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Get Drivers Ed has the right to suspend or terminate STUDENT’s access to the Online course and refuse any and all current or future use of the Online course (or any portion).

STUDENT ACCOUNT, PASSWORD, AND SECURITY.

STUDENT will create a login id (email) and password during the initial registration process. 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 Get Drivers Ed 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. Get Drivers Ed cannot and will not be liable for any loss or damage arising from STUDENT’s failure to comply with this Section.

COURSE ACCESS AND EXPIRATION

The course will be accessible for a period of one year from the date of enrollment. After one year, the course will expire, and access will be revoked. To reactivate the course and regain access, STUDENT must make an additional payment as per the current pricing at the time of reactivation.

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 Get Drivers Ed. 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.

NO RESALE OF SERVICE. STUDENT agrees not to sell, resell or exploit for any commercial purposes, any portion of the Online course, use thereof, or access thereof.

GENERAL PRACTICES REGARDING USE AND STORAGE.

STUDENT agrees that Get Drivers Ed 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 Online course. STUDENT acknowledges that Get Drivers Ed reserves the right to log off accounts that are inactive for an extended period of time. STUDENT further acknowledges that Get Drivers Ed reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

TERMINATION.

If Get Drivers Ed believes that STUDENT has violated or acted inconsistently with the letter or spirit of this CONTRACT, STUDENT agrees that Get Drivers Ed, 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 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 Online course may be effected without prior notice and that Get Drivers Ed 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 Online course. Further, STUDENT acknowledges and agrees that Get Drivers Ed shall not be liable to STUDENT or any third-party for any termination of his/her access to his/her password, account or the Online course. Termination or cancellation of this CONTRACT shall not affect any other right or relief to which Get Drivers Ed may be entitled, whether at law or in equity. Upon termination of this CONTRACT, all rights granted to STUDENT will terminate and revert to Get Drivers Ed, 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.

Get Drivers Ed’s PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INFORMATION AND USE RESTRICTIONS.

All of the information included in the 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 Get Drivers Ed. Get Drivers Ed 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 Get Drivers Ed. 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 Online course belong to Get Drivers Ed or its licensors. The Information is the valuable, exclusive property of Get Drivers Ed. 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 Online course and the Information shall remain at all times with Get Drivers Ed or its licensors. STUDENT is granted a license to use the Online course hereunder, as long as STUDENT complies with the terms of this CONTRACT or until Get Drivers Ed terminates this CONTRACT or STUDENT’s access rights. STUDENT may use the Information solely for taking the 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 Online course. STUDENT further agrees to use the Online course and the Information for lawful purposes only.

LICENSE GRANT.

Get Drivers Ed grants STUDENT a limited, personal, non-assignable, non-transferable, and non-exclusive right and license to use the Online course and the Information on a single computer until Get Drivers Ed 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 Online course or creating a competitive product. STUDENT agrees not to access the Online course by any means other than through the interface that is provided by Get Drivers Ed for use in accessing the Online course. LIMITATION ON LIABILITY. Except as otherwise expressly provided in the foregoing sentence, Get Drivers Ed provides the Online course on an “as is with all faults” basis and STUDENT assumes all risks of using the Online course and all risks of errors and/or omissions, including the transmission or translation of the information in the Online course. Get Drivers Ed does not warrant that the functions contained in the Online course will be uninterrupted or error-free, that defects will be corrected, or that the 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. STUDENT assumes full responsibility for implementing sufficient procedures and checks to satisfy his or her requirements for the accuracy and sustainability of the 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 Get Drivers Ed (including its officers, directors, employees, affiliates, agents, representatives or subcontractors) be liable for and STUDENT releases Get Drivers Ed 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 Online course; (ii) any conduct contemplated by this CONTRACT or in any other manner related to STUDENT’s use of the Online course; (iii) any errors, inaccuracies, omissions or other defects in, or untimeliness or lack of authenticity of, the 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 Get Drivers Ed to be liable for and STUDENT releases Get Drivers Ed 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 Get Drivers Ed’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 Online course, and/or use of Get Drivers Ed’s web site, exceed the cost of tuition paid by STUDENT for the Online course even if Get Drivers Ed 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 Online course shall be a refund of the tuition paid by STUDENT for the 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 Get Drivers Ed, 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 Online course (including the Information obtained through the 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 Get Drivers Ed 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 Get Drivers Ed’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. Get Drivers Ed shall have no responsibility to provide STUDENT access to the Online course while interruption of the Online course due to any such or similar cause shall continue.

ASSIGNMENT.

STUDENT assigns and grants all rights, titles, and interests to Get Drivers Ed to gather, process, analyze, and retain any of the information STUDENT voluntarily supplies during STUDENT’s use of the Online course. STUDENT consents to the disclosure by Get Drivers Ed of any of this information to third-party entities in accordance with the Privacy Policy posted on Get Drivers Ed’s Web Site 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 Get Drivers Ed. STUDENT agrees that Get Drivers Ed may mail him or her or email him or her information about Get Drivers Ed programs or events. This CONTRACT shall not be assigned in whole or in part by STUDENT without the prior written consent of Get Drivers Ed 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 Get Drivers Ed’s Web Site..

PRIVACY POLICY.

THE Get Drivers Ed Privacy Policy may be found at a link at the bottom of the Get Drivers Ed 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 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 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 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 Get Drivers Ed, or any other user, STUDENT and Get Drivers Ed agree that each can only bring a claim against each other on an individual basis. Neither STUDENT nor Get Drivers Ed 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 an 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 Get Drivers Ed’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 Get Drivers Ed’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 an 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 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 Get Drivers Ed takes action (by itself or through its representatives) to enforce any of the provisions of this CONTRACT, including a 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, Get Drivers Ed 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 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 Get Drivers Ed.

GENERAL INFORMATION.

This CONTRACT constitutes the entire agreement between STUDENT and Get Drivers Ed and governs STUDENT’s use of the Online course superseding any prior agreements between STUDENT and Get Drivers Ed. The failure of Get Drivers Ed 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 Get Drivers Ed notice of any claim or course of action (“Claim”) arising out of or related to the use of the 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.

SURVEY SUBMISSIONS

After completion of the course, the Get Drivers Ed may request information from STUDENT via surveys. By submitting the answers to the Survey, the STUDENT gives Get Drivers Ed permission to reprint, reproduce or use the answers for customer testimonials. The STUDENT acknowledges and agrees that the Get Drivers Ed 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 Get Drivers Ed's discretion and without compensation. The STUDENT agrees to let the Get Drivers Ed display the STUDENT'S answers with his/her first name, last initial, and city/state. The Get Drivers Ed'S right to use the answers is perpetual and may be assigned.

THIRD-PARTY PRODUCTS OR SERVICES.

We may run advertisements and promotions from third parties or may otherwise provide information about or links or referrals to third-party products or services ("Third Party Products and Services"). We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk. Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party. You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third Party Products and Services that you find on or through the Site.

Changes to the Terms and Conditions:

We reserve the right to change these terms and conditions at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these terms and conditions periodically, and your continued use of our website or services after any changes have been made constitutes your acceptance of the revised terms and conditions.

Miscellaneous:

These terms and conditions constitute the entire agreement between you and Get Drivers Ed and supersede any prior agreements or understandings, whether written or oral. If any provision of these terms and conditions is found to be invalid or unenforceable, that provision shall be TECHNOLOGY SUPPORT SERVICES. Students may contact Get Drivers Ed’s Customer Experience team for technology and troubleshooting support Mon-Sat, 8 am-11 pm. These services are available via email at [email protected], or phone at +1 877-779-3336.