Terms of Service Agreement - This contract is important - please read carefully: The Smart Way Driving, LLC. Terms of Service Agreement (“CONTRACT”) is a legal agreement between the (“STUDENT”) and Smart Way Driving, LLC. the corporation (“SWD”) and Smart Way Driving Inc.’s Online Course. (“SWDOC”) refers to the Online Parent-Tight Driver's Education course offered by Smart Way Driving Inc.; both shall be referred to as (“SWD/SWDOC”). Checking the box and Clicking on the Submit button at the bottom of this CONTRACT and utilizing the SWD/SWDOC online driving safety course the STUDENT agrees to be bound by the terms of this CONTRACT. Verbal Assurances or Promises not contained here or in the CONTRACT shall not bind SWD/SWDOC or the STUDENT.
Driving Safety School Information:
Legal Name of Company - Smart Way Driving, LLC.
Website for Online Services – Smartwaydriving.com
Number of Chapters 8
Payment Method Credit Card, Money Order, Cash
Course Schedule: SWD agrees to provide the STUDENT with 6 Hours of online driving safety instruction upon receipt of payment for the course. The STUDENT shall have generable and accessible access to the SWDOC twenty-four hours a day, seven days a week. The STUDENT acknowledges and agrees that (i) your Email Address you have provided to log in to SWDOC is valid and you have a device with Internet access capable of accessing online access and viewing and printing PDF files; (ii) by consenting to use Online Access, you are demonstrating that you have the ability to view and print information through electronic means. SWD/SWDOC is not responsible for any errors, failures, or malfunctions of your computer or software. SWD/SWDOC reserves the right to change the system requirements for using SWDOC as technology changes. Circumstances that could affect twenty-four-seven access could include but are not limited to; system failure, data center failure, site failure, loss of STUDENT internet connection, phone line failures, cyberattacks, third party system failures, sabotage, global internet failure. The cost of the course would include access to the SWDOC online driving safety course, there will be additional fees for optional driving records and or for the shipping methods. If a duplicate of completion is needed, it must be requested from the Course Provider and would require a $10 fee for a duplicate certificate.
Severe Weather Policy: SWD and SWDOC shall not be held responsible for delays in access to the online Adult Driving Education course, or any form of certificate deliveries due to severe weather conditions, fire, floods, explosions, acts of God, strikes or other acts of workers, acts of governmental authority, riots, armed conflicts, sabotage, cyberattacks, acts of war, third party system failures, or any other acts of nature.
Cancellation Policy: A full refund will be made to any STUDENT who cancels the enrollment CONTRACT before the first six hours (Module 1) is completed or viewed by the student, unless the STUDENT has successfully completed the course, received a failing grade on the course examination, failed the personal verification questions, if they try to disable or circumvent the required course timing programming and security checks, if they are not the individual taking the class, or if they use other sources to complete the class that are not hereunto included. For cancellation of course, please e-mail at support@smartwaydriving.com with your full name, address, date you signed up for the course, a brief statement of your cancellation request, and please include the last 4 digits of the credit card that was used for the original payment.
Refund Policy: All tuition and fees paid are due and refundable when 1) the course of instruction is discontinued by the SWD/SWDOC, preventing a STUDENT from completing the course; or 2) the enrollment of the STUDENT was procured as a result of any misrepresentation in advertising, promotional materials of the SWD and SWDOC, or misrepresentation made by an owner or employee of the SWD and SWDOC. All refunds will be completed within 30 days after the effective date of enrollment termination. For refunds of course, please e-mail to support@smartwaydriving.com with your full name, address, date you signed up for the course, and a brief statement of your cancellation request, and please include the last 4 digits of the credit card that was used for original payment. There will be no refunds for courses that have surpassed 120 days after the effective date of online enrollment and payment. Refunds because of limited access to SWDOC or express deliveries will NOT be issued any reasons out of the SWD / SWDOC’s control, weather, fire, floods, explosions, acts of God, electromagnetic pulse attacks, naturally occurring electromagnetic pulses, employment strikes or other acts of other third-party affiliates and their employees, acts of governmental authority, government shutdowns, riots, armed conflicts, sabotage, cyberattacks, acts of war.
Student Acknowledgments: I realize that any grievances not resolved by the SWD / SWDOC’s and/or the course provider (Smart Way Driving, LLC, 10891 Katy Freeway, Houston, TX 77079) may be forwarded to the Division of Driving Training Schools, Texas Department of Licensing Regulation, PO Box 12157, Austin, Texas 78711, Facsimile 512-463-9468, or electronically to: https://www.tdlr.texas.gov/help/ . The current telephone numbers of the department (800-803-9202 or 512-463-6599) shall also be provided.
Attendance Policy: A STUDENT must complete the entirety of the 6 Hours in Module 1 for the SWDOC course including all phases, questions, break, and exams of the approved SWD / SWDOC’s online course and curriculum and all the course completion sections to receive a certificate(s) of completion. The SWDOC should be solely completed by the STUDENT without assistance from another person or any other external sources other than the SWD/SWDOC course CONTENT and or support staff for questions and technical assistance. All times will be recorded and will go on record as Central Standard Time.
Grading and Progress Policy: A STUDENT may not receive a State Approved Certificate or given credit for an Adult Driver’s Education course unless a STUDENT scores 70% or higher on the driver's permit exam.
Rules of Operation: A STUDENT or prospective STUDENT may be dismissed if they do not pass the STUDENT verification process if they try to disable or circumvent the required course timing programming and security checks, if they are not the individual taking the class, or if they use other sources to complete the class that are not hereunto included.
Duplicate Certificate Policy: Smart Way Driving will provide duplicate certificates for STUDENTs if they have been lost, stolen, misplaced, or if the STUDENT fails to verify the correct information upon completion; however, Smart Way Driving Inc. reserves the right to charge a $10.00 fee in order to process the duplicate, if there was a mistake by the STUDENT.
General Information: SWD/SWDOC is prohibited from issuing a certificate of completion if the STUDENT has not met all the requirements for course completion and that the STUDENT should not accept a certificate under such circumstances. A STUDENT commits a Class A misdemeanor punishable by up to one year in jail if the STUDENT 1) signs a certificate and has not received all hours of instruction; and/or 2) falsifies any information on a certificate. This agreement constitutes the entire CONTRACT between SWD/SWDOC and the STUDENT and no verbal assurance of promises not contained herein shall bind the SWD/SWDOC or the STUDENT.
Privacy: SWD/SWDOC, Instructor, and/or Course Provider does not collect personal information for any purpose other than to meet TDLR, guidelines concerning the issuance of certificates, and future SWD/SWDOC marketing purposes. Moreover, SWD/SWDOC, Instructor and/or the Course Provider does not create individual profiles with the information you provide or give/sell information to any private organizations. Statistical and anecdotal information may be used for research or to help clarify a subject to other STUDENTs. You may not use the SWD/SWDOC in any manner that would negatively impact it. You may not use any means of systematic retrieval of STUDENT/CONTENT data from accessing SWD/SWDOC websites, access other than those expressly permitted. You may not obtain, or attempt to obtain, access to any material or information on the STUDENTS or CONTENT through any means not expressly authorized by SWD/SWDOC. You may not use another person’s login information to access or use SWD/SWDOC. In no event shall SWD/SWDOC total aggregate liability for all damages, losses and causes of action (whether in contract, tort, including but not limited to negligence and strict liability) arising out of or related to this CONTRACT, the SWDOC or any use of SWD/SWDOC’s website exceed the cost of the amount paid by the STUDENT. STUDENT’s sole and exclusive remedy for any breach of this CONTRACT and/or the SWD/SWDOC shall be the refund of the amount paid by the student for SWDOC. The limited liability shall be complete and exclusive.
Confidentiality
SWD/SWDOC will use reasonable precautions to maintain the confidentiality of the STUDENT and the information you provide in connection with your use of our provided online courses at SWD/SWDOC. Because such information can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that any information provided by you or to you through online access will remain secure.
SWD/SWDOC and its affiliates, providers, third-party sources, will use reasonable precautions to maintain the confidentiality of your account and the information you provide in connection with your use of SWD/SWDOC. Because the information accessible through Online Access can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that any information provided by you or to you through Online Access will remain secure.
Copyright, Trademark, and Proprietary Information use and restrictions: SWD/SWDOC - All online access CONTENT is the property of SWD/SWDOC or its licensors and is protected by applicable copyright, patent, trademark, or other intellectual property law. You may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit any of SWD/SWDOC’s online driving course content without SWD/SWDOC’s written consent. You also agree not to use any of the content for any unlawful purpose. SWD/SWDOC’s online course content includes but are not limited to; logos, graphics, photos, voice recordings, sounds, programming, verbal content, videos, animations, memes, questions, all educational materials, the entire course format, design including all course materials is the sole property of SWD/SWDOC, again known here forth as the (“CONTENT”). This CONTRACT does not grant permission for anyone including the STUDENT to transfer or assign any type of ownership for any CONTENT within the SWDOC to any other person or company. This CONTENT is proprietary and is protected by contract law, various intellectual property rights, domestic, international copyright, and trademark laws. You may not frame any CONTENT within the SWD/SWDOC websites. You must obtain SWD/SWDOC’s consent before creating any hyperlinks or similar connections to any online access or CONTENT. The CONTENT is valuable and the exclusive property of SWD/SWDOC and or its licensors. Ownership for all the included CONTENT is the sole property of SWD/SWDOC.
Attorney Fees: If SWD/SWDOC takes action by itself or with legal representation to enforce any provisions within this CONTRACT against STUDENT, including collections of any amounts due to SWDOC/SWD by law; STUDENT additionally agrees to pay, reasonable and necessary attorney fees and all cost of litigation or other dispute resolution proceedings. If STUDENT brings legal action against SWD/SWDOC, and the case is dismissed or SWD/SWDOC prevails, the STUDENT additionally agrees to pay, reasonable and necessary SWD/SWDOC attorney fees and all cost of litigation or other dispute resolution proceedings.
Forum Selection/Choice of Law: It is hereby agreed to that the STUDENT agrees that this CONTRACT and any disputes arising out of this CONTRACT, shall be governed by, subject to, and interpreted under the laws of the State of Texas. Student irrevocably consents to any suit, action, or proceeding arising out of our relating to this CONTRACT to be exclusive jurisdiction and venue of the United States District Court for the Southern District of Texas and the Jurisdiction and venue of any court of the State of Texas located in Harris County, Texas and agrees that any such suit, action, or proceeding shall be filed only in the United States District Court for the Southern District of Texas or a court of the State of Texas located in Harris County, Texas.
Instructor’s Statement: Under the penalties of law, I attest to the fact that the STUDENT who is registered for the SWDOC is the person who is successfully completing the number of hours as required under the [Title 16, Texas Education Code, Chapter 1001 ], and that any false information on this document will be used as evidence in a court of law and/or administrative proceeding. To the extent permitted by law, in no event shall SWD/SWDOC, its affiliates, its licensors, its suppliers, officers, directors, employees, subcontractors or any third parties mentioned the website be liable for any incidental, indirect, exemplary, punitive, consequential damages, court fees, insurance increases, lost profits, or any other monetary increases resulting from the accessibility of the SWDOC, any delivery of certificates or driving records. In addition, SWD/SWDOC shall not be held liable from the use of or even possible inability to use the website, systems educational information provided, services or the CONTENT whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not SWD/SWDOC is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for in these terms of use. SWD/SWDOC cannot be held liable for any failure to perform any term or condition of this agreement as a result of conditions within or beyond its control, such as, but not limited to; war, strikes, fires, floods, acts of God, riots, armed conflicts, sabotage, cyberattacks, acts of war, governmental restrictions, power failures or damages or destruction of any network facilities or servers and shall not be deemed a breach of this agreement.
Per the State of Texas and the Texas Department of Licensing and Regulation and the Terms of Service Agreement is a legal agreement between the STUDENT and SWD/SWDOC. Checking the box and Clicking on the Submit button at the bottom of this terms of service agreement; and utilizing the SWD/SWDOC course work the STUDENT agrees that she or he has read, understands and agrees to this CONTRACT. The STUDENT understands that there are computer/smart device requirements, internet connection requirements and that possible service interruptions may occur through no fault of SWD/SWDOC. The STUDENT agrees that they have read, understands, and agrees to the SWD/SWDOC Privacy Policy and the CONTRACT.