Term and Conditions
Welcome to ABC Drive Safe, hereinafter referred to as the “Company”. The following websites are operated by the Company: abcdrivesafe.com, abcduionline.com, abcdui.com, duischoolnv.com, 123duionline.com, 123drivesafe, trafficschoolnv.com, americandrivered.com, abcdefensivedriver.com, hereinafter referred to as the “Site”. Please review the following terms of use for the Site. By using the Site, you signify your consent and agreement to these terms. The Company may at its sole discretion change these terms and conditions from time to time. Upon any change in the terms and conditions of the Site and/or Privacy Policy, the Company will notify you by posting the notification on the Site. Your continued use of the Site indicates your acknowledgement of and agreement to any such modifications.
You agree and continue to agree to use the Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out below. The Company reserves the right to block or terminate any user membership for any reason whatsoever.
1. COPYRIGHT-RESTRICTIONS ON USE OF MATERIALS
No material from the Site or Company or any website operated, licensed, or controlled by same may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of Company copyright and other proprietary rights. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited. You acknowledge that the Company remains the owner of the posted materials, and that you do not acquire any of those ownership rights by downloading copyrighted material.
2. DISCLAIMER, LIMITATION OF LIABILITY, AND WARRANTY
YOU AGREE THAT USE OF ANY OR EVERY PART OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE OR MATERIALS IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR THE SITES PROVIDED THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT AS USERS OF THE SITE, WE INCLUDE LINKS TO OTHER SITES ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND THAT THE COMPANY HAS NO CONTROL OVER, AND MAKES NO REPRESENTATIONS OF ANY KIND WHATSOEVER REGARDING SUCH SITES, AND YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE COMPANY WITH RESPECT TO SUCH SITES. ONCE YOU BEGIN THE COURSE THERE ARE NO REFUNDS EXCEPT AT THE SOLE DISCRETION OF THE COMPANY.
This disclaimer of liability applies to any direct or indirect damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
You specifically acknowledge that the Company is not liable for the defamatory, offensive, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you.
Neither the Company nor any of its agents, affiliates, or content providers shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of use of the Site, or inability to gain access to or use the Site, or out of any breach of any warranty. You hereby acknowledge that the provisions of this section shall apply to all content on the Site.
3. CONFIDENTIALITY AND SECURITY
You are entirely responsible for any and all information that you submit to the Site. You agree to immediately notify the Company of any unauthorized submission of your information to the Site.
We will take all commercially reasonable steps to prevent third parties from illegally accessing the information that you send us. However, there is always some risk that a third party will improperly access your information during your use of the Site. By using this Site you agree to accept this risk and agree to the Company harmless from any claims resulting from improper access to your information.
4. TRADEMARKS & COPYRIGHT
Trademarks:† Company Site, logo, and other symbols and graphic elements in and on the Site are the registered trademarks of the Company. Elements of this web site are protected by trade dress and other laws, and this web site and its contents may not be copied or imitated in any way without the express written consent of the Company.
Copyright:†2011 The Company.† All rights reserved.† The contents of the Site, including but not limited to text, graphics, and icons are copyrighted materials owned or controlled by the Company and its affiliate companies. You may not print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials without prior written consent from the Company.†
5. INDEMNIFICATION
You agree to indemnify the Company and its respective employees, agents, and representatives, and to hold them harmless, from any and all claims and liabilities (including attorneys’ fees) which may arise from your submissions, from your unauthorized use of materials obtained through the Site, or from your breach of the terms of this Agreement, or from any such acts through your account, your equipment, and your facilities. You further agree that the Company is not responsible, and shall have no liability to you, with respect to any material posted by others.
6. ADDITIONAL SPECIFIC RELEASE OF LIABILITY
Your participation in this Site therefore is solely at your own risk. In addition, you hereby release and agree to hold the Company, its directors, officers, employees, agents, successors, and assigns harmless from any act of nonfeasance, misfeasance, or malfeasance by the advisors. You agree to fully indemnify and hold the Company, its directors, officers, employees, agents, successors, and assigns, and separately and individually, the advisors accessed through the Site, harmless from any and all claims, demands, losses, liabilities, damages, or expenses for investigation or reasonable attorneys’ fees and/or court costs arising out of, or in any way related to, this Agreement, including any personal injury or property damage whether such liabilities, claims or demands arise out of the negligent acts of the Company or from some other cause. Furthermore, the Company aggregate liability arising under or with respect to your use of the Site shall in no event exceed the total fees paid by you to the Company.
7. OTHER
This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without giving any effect to any principles of conflicts of law. Any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed by the laws of the State of Nevada. You agree to submit to the exclusive jurisdiction of the courts of the State of Nevada. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties relating to the subject matter herein and supersedes all previous agreements. Any use of the Site by User after such notice shall be deemed to constitute acceptance by User of such amendments, modifications, or new conditions.
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