TERMS AND CONDITIONS OF USE
Last Updated: August 6, 2021
"Academy of Young Ohio Drivers" (Ohio ACA)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 mail you a copy of your certificates, as well, within 10 business days of earning the certificates. 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 course credit);
(h) remove any copyright, trademark or other proprietary right notices contained in the Service;
(i) modify, adapt, sub-license, 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.
There is a $10 fee for mistakes in your profile. We added checkboxes in the profile builder to warn you of mistakes, and also to warn you of the $10 fee. Taking a screenshot of your completed profile, before you submit it, is a great way to document what you entered.
(b) Billing When you make an account, you are NOT automatically agreeing to take a course - the use of an account assures accurate contact and identifying information so we can let the individual states know who took our courses if and when you take the course. You don't owe any money at all just for making an account. The only time money becomes due is when you click on a course and then click on the payment link to register for that course. We use PayPal and Authorize.net as our payment processors, 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 start the Final Exam, there is no refund. 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. We make every reasonable effort to comply with all tax laws on all levels (local, state, federal, etc). If you have questions not answered here, 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 let's 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 FLHSMV and your license, 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, and probably does not apply to you.
(c) Refund Policy Once you begin the Final Exam, refunds are not possible. You are entitled to a refund at any point prior to beginning the Final Exam. The whole 24-hour course is completed before the Final Exam begins. This is similar to any class you have taken that has a Final Exam.
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 courses, 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.
By using this service you acknowledge and agree that:
(a) You acknowledge that features, parameters or other services we provide may change at any time.
(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 torte) for (i) indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages relating to driving choices, road conditions, vehicle conditions, or anything else at all outside of our reasonable involvement, including misuse of any information in our courses. So many choices in driving are dependent on the driver's ability to have (and use) wisdom and common sense. We have no control over such things. We can only guide you by laws, procedures, statistics, and give you ideas of how to be a better driver, but what may work in one situation may not work in all situations. You must assess, and be responsible for your own decisions and behaviors; (ii) Any damages arising out of legally-required disclosure of the informations provided to Online CE LLC and its affliates, such as reporting information to the state, or information that is subpoenaed. We will not distribute your information to anyone except as is legally necessary. We do not like telemarketers any more than you do; (iii) Statements or conduct of any third party associated without websites, such as providers of videos, or companies or entities we may reference; (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, government actions, or orders of domestic or foreign courts or tribunals; or (v) any other matter relating to the site that is simply not in our reasonable control, as determined by a legal arbitrator.
*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 courses 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. With that, we offer reasonable cautions. This paragraph was inspired by the countless warnings we have all seen, such as "please don't do this at home".
(d) In light of all else said in this contract, (before and after this paragraph), in no event shall Online CE LLC and its affiliate's total liablilty to you for all damages, losses, and causes of actions, whether in contact, torte, or anything else, exceed the amount you paid for the product.
The websites owned by Online CE, LLC (including Academy of Young Ohio Drivers) 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 Clark County, Nevada of the United States of America; (iv) his or her participation is governed by the laws of Clark County, 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 courses 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 Drivers's service, you consent to receive all communications, including agreements, notices, legally-required disclosures and other information relating to Academy of Young Ohio Drivers'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.
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 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. We ask that if you have a grievance, please contact us first at CustomerCare@OhioACA.com We're sure we can resolve reasonable problems fairly easily. To date, after being in service for 7 years, we have never had a grievance in which we could not make the student happy.
INFORMATION COLLECTION AND USE
When you register to use our site, we collect your personal information as needed to identify you and communicate with you. Such information includes your name, date of birth, phone number, email. We use the information you provide to fulfill our service to you, and that is all we use it for.
SHARING YOUR INFORMATION
Very simply put, we do not distribute your personal information, nor your non-personal identifiable information, to anyone at all, except as required by the state to fulfill our duty to you (such as is needed to provide you with your certificates and let the state know how well you did on our course), and also as may be subpeonaed by a court order.
In the event that Academy of Young Ohio Drivers or Online CE, LLC are acquired by, or merged with, a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your Information is treated, transferred, or used.
OPT OUT OF THIRD-PARTY SHARING OF YOUR COOKIES AND OTHER DATA
You're already opted out. We share nothing, except as is explained above, in the section "SHARING YOUR INFORMATION".
The website may contain links to other sites and we will, on occasion, create relationships or associations with third party companies, where we host their content, or vice versa. Please be aware that Online CE, LLC or any of its affiliated companies are not responsible for the privacy practices of such other sites, should you visit those sites. We encourage our users to be aware when they leave the Academy of Young Ohio Drivers Site and to read the privacy statements of each and every site that collects personally identifiable information. This privacy statement applies solely to information collected by Academy of Young Ohio Drivers and Online CE, LLC. We cannot control other companies.
While we use industry-standard precautions to safeguard your personal information, we cannot guarantee complete security. No transmission of information is guaranteed to be completely secure on ANY website. Unauthorized entry or use, hardware or software failure, and other factors may compromise data security. You acknowledge and agree to assume this risk when communicating with us.