Student Contract & Software Agreement

Enrollment contract

Contract between student and Texas Defensive Driving School

This contract is a legal agreement between you (STUDENT) and the Texas Defensive Driving School (TXDDS). Gary and Randy Hensley are the owner operators, and are the licensed instructors for this course.

Course tuition

A registration fee in the amount of $25.00 will be charged to the STUDENT. This fee includes all required instructional materials and needs to be paid prior to beginning the course. This fee includes mailing student certificates via the USPS. Students, however, may elect to have express shipping for an additional charge.

Course schedule

Texas Defensive Driving School, hereafter referred to as the TXDDS, offers a course composed of six chapters, including five hours of instruction and one hour of mandatory breaks. The STUDENT cannot by TEA requirement finish the course in under six clock hours. The course will be available to the STUDENT 24 hours a day, 7 days a week, and can be accessed from any Internet-connected computer. This availability may be affected by circumstances such as system, site, or connectivity failure over which TXDDS has no control.

Completion and certification policy

The STUDENT agrees to complete all phases of the approved curriculum. Once a student successfully completes the course, a certificate of completion will be mailed via USPS to the STUDENT. Students may elect express shipping for an additional charge. Out-of-state students who do not have a Texas driver license will be required to provide a notarized affidavit in order to receive a certificate of completion.

TXDDS will not issue a certificate until the notarized affidavit has been completed and provided to TXDDS. TXDDS will not issue a certificate of completion to any STUDENT who has not met all course-completion requirements.

Grading and progress policy

The STUDENT will take an exam at the end of each chapter to ensure that the student has mastered the curriculum in that chapter. If the student fails an exam, the student will be given a second and, if necessary, third exam to master the chapter material. If the STUDENT fails a chapter exam three times, the STUDENT will be locked out of the course. The STUDENT may elect to enroll again at no charge but must begin the course from the beginning.

The STUDENT must also take six multimedia quizzes that must be passed in order to continue. The STUDENT will retake multimedia quizzes until passing and may then continue. The STUDENT must correctly answer 7 out of 10 personal validation questions given throughout the course. If the STUDENT misses more than 3 out of 10 personal validation questions, the STUDENT must be excluded from the course. The STUDENT may elect to enroll again at no charge but must begin the course from the beginning.

Cancellation and refund policies

A full refund will be made to any student who cancels the enrollment contract within 30 days of registering for the course and before completing the course. TXDDS will terminate, without notice, the enrollment of any student who has not successfully completed the course within 90 days. All refunds will be issued within 30 days following receipt of a permissible request for cancellation.

Privacy statement

TXDDS will not use or sell student information to promote products or services unrelated to this traffic safety course or in ways different from what is disclosed in the Privacy Statement.

Limitation of liability

The STUDENT acknowledges and agrees that the liability of TXDDS and its agents and employees for any act, omission to act, or negligence is strictly limited to and shall not exceed the amount of the registration fee actually paid by the STUDENT.

The STUDENT understands that for course-validation purposes TXDDS may access Department of Public Safety information to extract driver-license information used for required personal-validation questions. The STUDENT authorizes TXDDS to access this information on the condition that it be used exclusively for student validation.

This agreement constitutes the entire contract between TXDDS and the STUDENT, and oral assurances or promises not contained here shall not bind either party. If any provision is found by a court of competent jurisdiction to be unenforceable, the remaining terms and conditions remain in full force and effect.

Software agreement

Terms for use of the TexDDS e-learning software

Important: Please read this Software Agreement carefully before using Texas Defensive Driving School. By using the Texas Defensive Driving School e-learning program, you acknowledge and accept these terms and conditions.

This Software License Agreement is made by and between Texas Defensive Driving School (Licensor) and University and/or Student (Licensee). Licensor developed and licenses the software program marketed under the name Texas Defensive Driving School (the Software), and Licensee desires to use a copy of the Software.

1. License

Licensor grants Licensee a personal, nontransferable, nonexclusive license to use the Texas Defensive Driving School e-learning Software for the term of this Agreement. Licensee may use the Software solely for educational purposes. It may not be reproduced unless agreed to by Licensor. Additional license fees may apply.

2. Restrictions

Licensee shall not modify, copy, duplicate, reproduce, license, sublicense, transfer, or convey the Software or any right in the Software to anyone else without Licensor's prior written consent.

3. Title

All Texas Defensive Driving School e-learning Software remains the personal property and sole and exclusive property of Licensor. Licensee has no right, title, or interest in it except the right of use granted by this Agreement. Licensee shall keep the Software free from judgments, liens, and encumbrances; give Licensor immediate notice of an attachment or other process affecting it; and indemnify Licensor from resulting loss or damage.

4. Place of use

Licensee shall keep the Software at its place of business and shall not allow use by other businesses, entities, or individuals or on unauthorized workstations. Licensee shall not copy, rent, sublease, license, transfer, donate, commercially exploit, reverse engineer, decompile, or disassemble the Software or permit those actions.

5. License usage fee and hosting charges

Access and usage charges for hosting the licensed product may apply. No additional hosting costs apply unless disclosed.

6. Warranty of title

Licensor represents and warrants that it owns the Software or otherwise has the right to grant the rights in this Agreement. If that warranty is breached or threatened, Licensee's sole remedy is to require Licensor to procure the right to use the Software, replace the affected Software with comparable non-infringing functionality, or refund the license fee after return of the Software and all copies.

7. Warranty of functionality

For six and/or twelve (6-12) months following delivery (the Warranty Period), Licensor warrants that the Software will perform in all material respects according to Licensor's specifications when used with appropriate equipment. Licensee must promptly notify Licensor and return the Software at Licensee's expense following an alleged breach. Licensee's sole remedy is correction of the Software. This warranty does not apply if the Software is modified or used improperly or in an unapproved operating environment.

If the original media is defective within thirty (30) days after delivery, Licensor will provide a new copy after the Software on the original media is returned.

8. Software maintenance

During the Warranty Period, standard maintenance includes new, corrected, or enhanced versions created by Licensor that improve speed, efficiency, ease of use, capabilities, or functionality, but does not include a substantially new or rewritten version.

After the Warranty Period, Licensee may elect optional maintenance for successive twelve-month periods at Licensor's then-current published price. Licensee must provide written notice. If maintenance lapses and is later resumed, Licensor may charge maintenance fees for the lapse. Licensee may discontinue maintenance on notice and receive a refund of unearned maintenance fees.

9. Payment

The license fee is due upon delivery. Other amounts owed under this Agreement are due within thirty (30) days after invoice. If an overdue amount remains unpaid after ten (10) days' written notice, a late charge of one percent (1%) per month may apply.

10. Taxes

Licensee shall pay or reimburse Licensor for applicable property, sales, use, excise, or other taxes measured directly by payments under this Agreement, but is not obligated to pay taxes on Licensor's income or privilege of doing business.

11. Warranty of title

Licensor represents and warrants that it owns the Software or has the right to grant the rights described here. Licensee's sole remedy for breach is procurement of the right to use, replacement with comparable non-infringing Software, or refund of the license fee after return of the Software and copies.

12. Limited warranty

Licensee makes no warranties, express, implied, or statutory, with respect to the Software and accompanying written materials, including implied warranties of fitness for a particular purpose. In no event will Licensor be liable for direct or indirect damages, including lost profits, lost savings, lost data, or other special, incidental, or consequential damages arising from use of or inability to use the Software.

13. No implied license

Except as expressly stated, nothing in this Agreement grants either party any license, by implication or otherwise, to the other party's intellectual property, including trademarks, copyrights, patents, or trade secrets.

14. Confidentiality

Each party may receive the other's proprietary items or confidential information. Each party agrees to maintain confidentiality in accordance with this provision and any applicable nondisclosure agreement, not to make the other's confidential information available to a third party without written consent, and to recognize that ownership remains with the providing party.

15. Notice

Notices required by this Agreement must be in writing and delivered personally, by certified mail with postage prepaid, or by recognized overnight service.

16. No other agreements

This instrument contains the entire agreement between the parties regarding its subject matter. No other written or unwritten agreement binds the parties.

17. No assignment

Neither this Agreement nor any interest in it may be assigned by Licensee without prior express written approval from Licensor.

18. Final agreement

This Agreement terminates and supersedes all prior understandings or agreements on its subject matter and may be modified only by a later writing duly executed by both parties.

19. Severability

If any term is held invalid or unenforceable by a court of competent jurisdiction, the remaining terms remain in full force and effect as if the invalid or unenforceable term had not been included.

20. Headings

Headings are provided for convenience only and shall not be used to construe meaning or intent.

Texas Defensive Driving School is not responsible for passing any tests.

Disclaimer

General educational information

This study tool is intended for education. It contains general information that should not be construed as specific information for an individual student or client. Computer Mentors and Texas Defensive Driving School are not responsible, as a matter of product liability, negligence, or otherwise, for injury resulting from a person acting or refraining from acting in reliance on material in this study tool.

Texas Defensive Driving School, its licensors, and suppliers disclaim all warranties, express or implied, statutory or otherwise, with respect to products or information on this website, including implied warranties of merchantability, non-infringement of third-party rights, and fitness for a particular purpose.