TERMS AND CONDITIONS OF USE
Last Updated: February 3, 2019
"Academy of Young Ohio Drivers" is a 24-hour online driver training program provided to the citizens of the state of Ohio as a service by Online CE, LLC. This page sets forth the Terms and Conditions governing your use of the Site and the Service. Because these Terms and Conditions contain legal obligations (including limitations on liability and arbitration provisions), please read them carefully.
PURPOSE AND ACCEPTANCE OF TERMS
(a) Our Purpose Academy of Young Ohio Drivers is a site that offers an online driver training course, specifically for the people of Ohio who are seeking their driving privileges for the first time. The information you find in our seminars is tailored to the requirements of the state of Ohio.
(c) Modification of Terms We reserve the right, in our sole discretion, to change these Terms and Conditions at any time without notice. In the event we make material changes to the Terms and Conditions, notice of these changes will be posted on the Terms and Conditions page and the revised agreement will take effect thirty (30) days after their publication on this site. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of this website following the posting of changes to this agreement or other policies means you accept the changes.
WHAT WE DO AND DO NOT OFFER YOU
(a) What We Do We offer online driver training for the people of Ohio who are seeking their initial driving privileges. We notify the pertinent governing bodies within 10 business days when you have successfully completed a course, and we send you a copy as well. We keep our information up to date.
(b) What We Do Not Do We do not answer questions for the governing bodies, as they are subject to change and we do not wish to provide inaccurate information. We do not keep track of YOUR specific requirements, but only the general requirements. For example, our course is 24 hours and meets all the requirements of the state of Ohio for the initial driver's course and test. If you owe fines to the state of Ohio, there is no way we would know what you owe, what the general price would be, or anything else of their specific requirements for you.
YOUR USE OF OUR SITE
(a) Intellectual Property This website and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, audio clips, (collectively, "the Intellectual Property") are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Online CE, LLC or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Online CE, LLC and protected by U.S. and international copyright laws. All software used on this Site is the property of commercial software suppliers, and is protected by U.S. and international copyright laws. The copying, redistribution, use or publication of any such matters or any part of the Site, except as allowed herein, is strictly prohibited.
Except as expressly provided herein, nothing contained in these Terms and Conditions shall be construed as conferring, by implication, estoppel or otherwise, any license or right to use the content under any copyright, patent, trademark or other intellectual property right. No other use of the Site is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, users may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without our prior written consent in each instance.
As a condition of your use of the website, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:
(a) violate any applicable law or regulation or use the service for any illegal purposes;
(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
(c) use the information available through the Service for any unauthorized or unlawful purpose;
(d) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents;
(e) use the Service in connection with the distribution of unsolicited commercial email or advertisement;
(f) impersonate any person or entity;
(g) allow any other person to impersonate you or any other entity (you must contact us and the governing body to which they are accountable to obtain driving school credits);
(h) remove any copyright, trademark or other proprietary right notices contained in the Service;
(i) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service; or
(j) assist any third party in doing any of the foregoing.
Online CE, LLC reserves the right to access any account at any time for any reason or for no reason at all. We also reserve the right to forward any and all personal information to anyone we deem appropriate, such as governing bodies that are accountable to receive your online driver education information. By agreeing to this contract, you automatically acknowledge and accept that we have access to your account for any reason or for no reason at all and that we will forward any and all information to whom we deem appropriate to protect the interest of Online CE, LLC, its members and/or third parties.
(a) Your Identity Your account must have your information, and not someone else's information. You may not knowingly allow another person to make an account that has your identifying information. You will not provide any inaccurate, misleading, incomplete or false information or user content to Academy of Young Ohio Drivers, which is owned by Online CE, LLC.
(b) Billing We use PayPal as our payment processor, and all of your personal payment information is stored with them, and we do not have access to your credit card numbers. When you register to take a course, you agree to pay Online CE, LLC for the course up front. Once you pay for the course, there is no refund because we cannot take back the certificate you earned (although all certificates are personalized to a specific person and we can notify all state entities if necessary). If you try to force a refund anyway, by this contract you agree to reimburse us for all collection costs, an interest of 1.5% per month on the principle owed (cost of the course), and the cost of the courses for which you retracted your payment. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We make every reasonable effort to comply with all tax laws on all levels (local, state, federal, etc). If you have any concerns about this, please first contact PayPal (who organizes such taxes) as well as your state board. If there are unanswered questions, please contact us at CustomerCare@OhioACA.com, and we will be more than happy to sort it all out. If there are mistakes, give us a reasonable chance to correct them. We do not anticipate any mistakes, as the system is automated by PayPal, but in the event that things aren't done right, let's fix it. You also agree to provide PayPal with current, complete and accurate billing information and agree to promptly update all such information (such as changes in billing address, credit card number or credit card expiration date) as necessary for the processing of all payments that are due. If the system allows you through and your information was inaccurate, so we don't get paid, we will try to collect for one month without interest. After that, we may need to nullify the certificate, and that could result in a problem with your state board, which we do not want to have happen. The summary of this section is this: we charge ONLY for the course...there are NO hidden fees, monthly fees, or other fees at all, except those fees that arise out of trying to collect the original fee for the course (again, due to forced refunds or nonpayments or the like). There are always a few people in any crowd looking for freebies, even if you offer a great price. This section is our seat belt against such antics.
(c) Return Policy Once the test has been taken and submitted, returns are not possible. Our site is one that offers credit for driver's education. People are, essentially, purchasing the information and the driver's education credits. It is intangible, and the information cannot be retracted once given to you and the Driver Education credits cannot be retracted from the governing bodies to which they are reported. The course must be paid for in order to earn the certificate. If a patron pays for one of our courses, takes the test, receives the certificate and then tries to get their money back, then our policy is to nullify the certificate, including contacting ALL government agencies of all states and notifying them that the certificate (with name and ID number) is null and void.
DISCLAIMER AND LIMITATION OF WARRANTIES AND LIABILITIES
Services provided by the site are provided on an as is basis, although we will gladly hear your suggestions. Online CE, LLC strives to offer information that is accurate and we take great measures to assure that, but as more research is done, there is no way to guarantee that any piece of information provided is accurate, complete, or correct according to the latest research, and we kindly ask that if you find information that would enhance the accuracy of our seminars, please tell by using the contact link on our front page. With that, we assure you that we continue our own research and update the information as needed, but we are human and we miss things. Online CE, LLC or the websites it holds shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. In many cases, the information is general and each patient must be assessed individually. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Online CE, LLC and the associated websites, such as Academy of Young Ohio Drivers, and whether or not it fits a particular circumstance. Any reliance on such information or recommendation is at your sole risk and discretion. Understand that there is no recommendation or information that will suit everyone-you must determine for yourself if you are one of the people who could benefit from the individual recommendations and pieces of information that we offer.
By using this service you acknowledge and agree that:
(a)Academy of Young Ohio Drivers and its holding company, Online CE, LLC have no responsibility or liability for the deletion, corruption or failure to store any messages, or other content maintained or transmitted by our service. You acknowledge that features, parameters or other services we provide may change at any time. With that, we have a reliable system to store such information. However, we do not own the servers and we ask that you store messages, certificates and the like yourself. Se store your certificate on our servers, and in a private email box, as well as paper copies. We make concerted efforts to do so ourselves, but we cannot control all extenuating circumstances. Without failure of services we purchase, all information will be stored.
(b) We do not endorse any other entity, product or service. Therefore, if you see a video by AAA on our site, that does not mean we endorse AAA. All videos that are in our course are there because of the content of the video, regardless of the company who created it.
(c) IN NO EVENT SHALL ONLINE CE, LLC OR ANY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE (WHETHER IN AN ACTION ARISING FROM CONTRACT OR TORT) FOR (i) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ONLINE CE, LLC OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)*, RESULTING FROM ANY OTHER MATTER RELATING TO THIS WEBSITE AND/OR GOODS AND SERVICES OFFERED THEREBY, (ii) ANY DISCLOSURE OF INFORMATION PROVIDED TO ONLINE CE, LLC AND ITS AFFILIATES (EVEN IF SUCH DISCLOSURE IS CAUSED BY THE NEGLIGENCE OF ONLINE CE, LLC OR ITS AFFILIATES), EXCEPT TO THE EXTENT THAT SUCH IMPROPER DISCLOSURE IS DIRECTLY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF ONLINE CE, LLC AND ITS AFFILIATES. (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (iv) OR ACTS OF NATURE, ACTS OF GOD, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, GOVERNMENTAL ACTIONS, OR ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS; or (v) ANY OTHER MATTER RELATING TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
*We may choose at our discretion to keep a feature, third party associate or other on the site even though we may understand that someone could harm themselves if they choose to be foolish and undiscerning. We are not going to keep the aforementioned away from all members because it is possible to be foolish with the aforementioned. It is impossible to alter the seminars to fit ALL people and situations so you MUST ascertain for yourself. We have no choice but to require of each member that they make their own decisions with careful consideration. An example would be that there are videos that discuss safety when driving in the snow. That does not mean that just because you saw the video that your particular circumstance is a great situation for driving in the snow. People die all the time because of driving in the snow. Each circumstance is different, and you must be discerning. If you don't know, contact your local police or fire department and ask about driving in the snow. If you don't need to drive in the snow the best option is often 'don't drive in the snow', as it is not just your driving that is worrisome, but the driving of others, which you cannot control.
(d) IN LIGHT OF ALL ELSE SAID IN THE CONTRACT (BEFORE AND AFTER THIS PARAGRAPH) IN NO EVENT SHALL ONLINE CE, LLC AND ITS AFFILIATES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE AMOUNT PAID FOR THE COURSE. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
(e) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The websites owned by Online CE, LLC may contain links to third party websites. These links are provided as a convenience to you. Online CE, LLC and its affiliates are not responsible for the content of such third party websites or any other sites or any products or services that may be offered through such third party websites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites, and you must understand that not all links, products, goods, services, advice or others will be good for all people or equally beneficial to all people. You must discern for yourself what is beneficial for you. You assume responsibility of appropriateness for you for all of your choices, whether we suggested or offered said choice or not. You should be aware that different terms and conditions (including privacy practices) may apply to your use of any linked sites. Online CE, LLC and its affiliates are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Online CE, LLC and its affiliates reserve the right to, in its sole discretion and without notice or liability, deny use of the websites and/or products affiliated with Online CE, LLC to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation.
You agree to indemnify and hold Online CE, LLC and its affiliates, its third-party vendors, corporate affiliates, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys' fees made by any third-party due to or arising out of any disruption of the site, site content, or otherwise information or services provided to you by Online CE, LLC and its affiliates and/or its third party advertisers and any breach by you or your affiliates, employees, agents and representatives of these Terms and Conditions and/or applicable law.
Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with Online CE, LLC and its affiliates, (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local or national laws or regulations of the foreign member's country of residence; (iii) under no circumstance shall Online CE, LLC or its affiliates be deemed liable under any laws other than those of Las Vegas, Nevada of the United States of America; (iv) his or her participation is governed by the laws of Las Vegas, Nevada of the United States of America and is subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in Las Vegas, Nevada or the United States of America.
At current, our seminars are in the English language.
This Agreement shall be governed by the laws of Las Vegas, Nevada of the United States of America without reference to its conflict of laws principles and shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of each is hereby excluded. Any dispute, controversy or other claim arising out of this Agreement shall be resolved by arbitration conducted in English in Las Vegas, Nevada of the United States of America in accordance with their laws and you hereby consent to such exclusive venue and jurisdiction of the the court system of Las Vegas, Nevada of the United States of America. Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules and laws of Las Vegas, Nevada of the United States of America. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within forty-five (45) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel at their own expense, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video or other electronic means of communication. The arbitration award shall be in writing and the arbitrator shall provide written reasons for the award. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The prevailing party in any action or proceeding to enforce its rights hereunder shall be entitled to recover reasonable attorneys' fees and other reasonable costs, including fees of the arbitrator, incurred in the action or proceedings. For purposes hereof, "prevailing party" is defined as the party whose last settlement proposal prior to hearing in this matter is closest to the final decision. In no event shall the arbiter award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator's decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information; (iv) to pursue claims within the jurisdictional limit of the judicial system of Las Vegas, Nevada of the United States of America; or (v) to enforce any decision of the arbitrator, including the final award.
This Agreement constitutes the entire agreement between you and Online CE, LLC concerning your use of the Website and supersedes all prior agreements. This Agreement may be modified only by a written amendment signed by an authorized executive of Online CE, LLC and its affiliates. If any part of this Agreement is held invalid or unenforceable by law, that part will be construed to reflect Online CE, LLC and its affiliate's original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
By affirmatively registering for Academy of Young Ohio Driver's service, you consent to receive all communications, including agreements, notices, legally-required disclosures and other information relating to Academy of Young Ohio Driver's services electronically from Academy of Young Ohio Drivers or Online CE, LLC. You agree that Academy of Young Ohio Drivers or Online CE, LLC may send you electronic notice by e-mail and/or by notice on the Website. Note that we will not send you a copy of the Terms and Conditions, the Privacy Notice or any other document, but rather you are welcome to print a copy from the Website.
All notices to Academy of Young Ohio Drivers or Online CE, LLC shall be sent by postal mail to:
Online CE, LLC
3651 Lindell Rd Suite D
Las Vegas, NV 89103
This agreement provides that all disputes between you and Online CE, LLC will be resolved by BINDING ARBITRATION. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert your grievance under this contract.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
You are entitled to a FAIR HEARING. The arbitration procedures are fair, and they are SIMPLER AND LESS COMPLICATED than court proceedings.
Arbitrator decisions are as enforceable as any court order and are subject to a review by a court.
FOR MORE DETAILS Review Section 11 above or visit http://www.clarkcountycourts.us/
We don't want to harm anyone or treat anyone in such a way that they would have a reasonable cause to go to court. Why would we? We ask that if you have a grievance, please contact us first at CustomerCare@OhioACA.com