Thank you for visiting SafeDriver.com (collectively with all subdomains, "Website"), which is operated by The National Safety Commission, Inc. ("TNSC" or the "Company"). These Terms and Conditions constitute a binding legal agreement ("Agreement") between you and the Company. By visiting, using, submitting information, or purchasing anything via this Website you accept the practices described in this Agreement and agree to the terms and conditions published herein.
For purposes of this Agreement the terms "we," "us," and "our" mean the Company and The National Safety Commission, Inc. ("TNSC"), and any reference to the Company herein shall include TNSC. TNSC owns and operates this Website.
IMPORTANT NOTICE: YOUR USE OF THIS WEBSITE AND THE COMPANY'S PRODUCTS AND SERVICES IS SUBJECT TO A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN THE SECTION OF THIS AGREEMENT TITLED "Dispute Resolution by Binding Arbitration and Class Action Waiver". PLEASE CAREFULLY REVIEW THAT SECTION OF THIS AGREEMENT.
Access to and Use of the Website
Dispute Resolution by Binding Arbitration and Class Action Waiver
You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products or services sold or distributed through the Website, including any subscription arrangement, or any aspect of your relationship with Company ("Dispute"), will be resolved by binding arbitration pursuant to the Federal Arbitration Act, rather than in court, except that you may assert claims or seek relief in small claims court if your claims qualify. Arbitration shall be submitted to the American Arbitration Association (AAA) pursuant to the then-current AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol, which you can find here: https://www.adr.org/consumer. All disputes, claims, or requests for relief shall be arbitrated either by telephone, online, or based solely on written submissions, including affidavits, and will not involve any personal appearances by parties or witnesses unless you and we agree otherwise. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. You and the Company will each bear
their own costs and attorneys' fees in the event of a Dispute, provided, however, that the prevailing party shall be entitled to recover its costs and reasonable attorney's fees to the extent permitted by applicable law or under applicable arbitration rules. The entire Dispute, including the scope and enforceability of this arbitration provision and arbitrability of any Dispute, shall be determined by the arbitrator. This arbitration provision shall survive the termination of this Agreement. Nothing in this section is intended to limit the relief available to either you as an individual or the Company in arbitration or small claims court, including equitable relief that an arbitrator may be required to make available by applicable law. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Florida: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary
injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities.
YOU AGREE TO WAIVE YOUR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS OR THROUGH PARTICIPATION IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. CLAIMS OR DISPUTES OF MORE THAN ONE USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
You shall have thirty (30) days from the earliest of the date that you visit the Website, make a purchase, or submit information through the Website to opt out of this arbitration provision and class action waiver, by contacting us by email at firstname.lastname@example.org. If you do not opt out by the earliest of the date that you visit the Website, make a purchase or submit information through the Website, then you are not eligible to opt out.
YOU AND WE AGREE THAT ALL DISPUTES BETWEEN YOU AND US THAT ARE NOT RESOLVED INFORMALLY SHALL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT ONLY. YOU AND THE COMPANY ALSO AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY AND TO PARTICIPATE IN ANY WAY IN A CLASS ACTION IN CONNECTION WITH ANY SUCH DISPUTES OR TO MAKE OR PROCEED WITH ANY CLAIM ON A COLLECTIVE OR CONSOLIDATED BASIS.
Lowest Price Guarantee
Our "Lowest Price Guarantee" refers to our policy through which, if you find an approved provider serving your location at a lower course price than ours within 30 days of purchasing our course, you can send us printed or electronic proof of the lower price and we will refund the difference. We make no express or implied warranties regarding the comparative prices of our products and services to other companies' products and services.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES ON THE WEBSITE, THE USE OF OR INABILITY TO USE THIS WEBSITE. YOU OBTAIN, DOWNLOAD, USE, AND RELY UPON MATERIAL ON OR LINKED TO ON THIS WEBSITE AT YOUR OWN RISK, AND WE WILL NOT BE LIABLE FOR ANY DAMAGES THAT RESULT. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, ANY PRODUCTS OR SERVICES YOU PURCHASE ON THE WEBSITE, OR THIS AGREEMENT.
WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE WEBSITE, PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, ANY COMMUNICATIONS BETWEEN YOU AND US (INCLUDING COMMUNICATIONS THROUGH THIRD PARTIES), AND YOUR RIGHTS UNDER THIS AGREEMENT EXCEED THE AMOUNT YOU HAVE PAID US IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S).
Fee Disclosures, Courses, and Testing
The Florida Department of Highway Safety & Motor Vehicles REQUIRES that we collect a State Assessment Fee for each person completing a BDI or TLSAE course. SafeDriver.com may collect some or all of the below additional fees. These fees are in addition to the posted price for the course, exam or package. Automated Drivers License Testing System (ADLTS) Fees: Our testing services are conducted under contract with Intellectual Technology, Inc (ITI), a third-party entity with which the Florida Department of Highway Safety & Motor Vehicles requires providers like us to use. ITI charges a per transaction testing fee of $4.42. We collect that fee from customers and remit the amount to ITI. The Department and ITI charge a retesting fee for those Learner's Permit applicants who fail to pass the Florida written test ($10 Department Fee and $4.42 ITI Fee). Additionally, the Company charges a fee for license re-testing ($9.95) and processing fee of $5.58. State Assessment Fee for BDI or TLSAE Courses: The Florida Department of Highway Safety & Motor Vehicles requires that we collect a State Assessment Fee of $2.50 (BDI) and $3.00 (TLSAE) for each person completing a BDI or
TLSAE course. These Assessment Fees are remitted to the Department's Highway Safety Operating Trust Fund, which is used to administer the Department's programs and to fund the general operations of the Department. Provider Processing Fee: Providers are required to process and submit your information to the Department as well as maintain certain course records pursuant to Florida law. For the initial BDI or TLSAE course transaction, we include an additional charge of $27.45 for BDI and $26.95 for TLSAE processing fee. Convenience Fee: For the initial BDI course transaction only, we include an additional charge of $3.95 to offset expenses of offering the convenient online course. There is no convenience fee for TLSAE customers. For Texas Driving Safety course customers, there is no convenience fee, however, there is an administrative fee of $3.00 pursuant to Sec. 1001.352. There is a retesting fee for those who fail to pass the BDI or TLSAE course of $29.88. The exam, however, is an open book test with no time limit to completing the test. We do not require any student to purchase a course completion certificate and certificates are delivered free of charge via US Mail unless
the student exercises the option to purchase an expedited delivery method. Driver's License Prep Courses (new
driver/drivers license/motorcycle license/CDL license)
are not regulated by the State of Florida and customers may take unlimited tests/re-test during their access period. TNSC does not offer refunds for payments made on a month-month subscription plan. To avoid being charged during a free trial promotion, you must cancel your subscription before your 7-day free trial ends. Your subscription will continue on a month-to-month basis unless and until you cancel or the subscription is suspended or discontinued by TNSC. If you cancel your subscription, cancellation will be effective at the end of the current monthly period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.
We respect the intellectual property of others and we ask that you do the same. If you believe that your work has been copied in a manner that potentially constitutes copyright infringement, please contact our Copyright Agent at the below address and provide the following information:
An electronic or hard copy of the signature of the individual authorized to act on behalf of the owner of the copyright interest;
A description of the copyright work that you claim may be infringed;
A description of where the material that you claim may be infringing is located on the Website;
Your first and last name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are otherwise authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the Website or Services can be reached by mail at Copyright Agent at:
The National Safety Commission, Inc.
P.O. Box 442288
Jacksonville, FL 32222
Fax (888) 977-3809
Please be advised that, pursuant to 17 U.S.C. section 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
While the information and recommendations contained within or on the Website, including, without limitation, courses, tests, publications, newsletters and other entries, have been compiled from sources believed to be reliable and accurate, the Company does not warrant and makes no guarantee as to, and expressly disclaims and assumes no responsibility or liability for, the correctness, sufficiency or completeness of any such information or recommendation.
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion. All changes shall automatically be effective when posted. You are encouraged to revisit this Agreement from time to time in order to review any and all changes that have been made.
In the event that any part of this Agreement is found to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain valid and enforceable; provided, however, that the remaining provisions do not render the Agreement meaningless or of no value.
You may direct any questions regarding this Agreement to us at the following address:
The National Safety Commission, Inc.
P.O. Box 442288
Jacksonville, FL 32222
Fax (888) 977-3809
Collection and Use of Personally Identifiable Information by the Company
Certain features of our Website require you to provide personally identifiable information; for instance, when you send us correspondence via our "Contact Us" form or when you register to obtain or purchase one of our products or services. Personally identifiable information generally includes information that could be used to determine your identify, such as your name, address, telephone number, e-mail address, or birth date. We do not collect this information from you if you do not provide it and we only collect the information you provide for legitimate business purposes and/or as required by law.
When you provide us with personally identifiable information, we may use that information in the following ways:
To fulfill your requests for certain products, services and/or information, including, but not limited to, processing payment for one of our courses, issuing credits/refunds, as the case may be, and managing your account;
To authenticate and/or verify your identity (or, if a minor, the identity of your parent or other legal guardian) and/or the identity of the person purchasing and/or using any of our products or services so that we may, among other things, properly record and report certain attributes to courts or governmental agencies that require the collection and retention of such information for administrative purposes related to the product and/or service purchased;
To provide customer support, troubleshoot and resolve problems and disputes, if any, or for other internal purposes;
To detect and protect against error, fraud or other malicious or criminal activity, and to enforce this Policy;
To analyze site usage, conduct market research, improve marketing and promotional efforts, and to further improve and customize our content, layout, user experience, products and services;
To contact and deliver information to you about products or services you purchased or other offerings, notices, or communications relevant to your use of our Website;
As otherwise set forth in this Policy, or as otherwise described to you at the time of collection.
Collection and Use of Personally Identifiable Information by Third Parties
Disclosure of Personally Identifiable Information by the Company
The Company does not share or otherwise disclose personally identifiable information except to the extent reasonably necessary to accomplish a legitimate business purpose or as otherwise required by law. It never sells the personally identifiable information it collects to third parties. The following describes some of the ways that personally identifiable information may be disclosed in the ordinary course of business:
Certain characteristics of your personally identifiable information may be provided to a court, government agency or law enforcement authority for administrative purposes related to a product or service you purchased or a product or service purchased on your behalf from the Company (e.g., if, as a result of a traffic violation, you elect to attend traffic school and purchase a course from us, we are required to and will report your successful completion of the course to the applicable state agency, along with your name, address, e-mail, phone number, birth date, gender, driver license number, citation data, and any other information required to be disclosed to the agency for processing your completion).
We may disclose your personally identifiable information to our service providers and independent contractors that have been retained to perform functions on our behalf or to provide services to us in the ordinary course of our business, including legal, audit and other professional service providers, our marketing and advertising consultants, data processors, and information technology subcontractors, among others (e.g., we may disclose your credit card information, including your billing information, to our payment processing partner in order to complete the processing of your purchase of one of our products or services, or we may disclose your email address to a third party marketing consultant, such as Shopper Approved, in order to obtain reviews from you about our products and services). Personally identifiable information is disclosed only to the extent necessary for any provider or contractor to perform any such service or function.
Our Website and emails that we may send you may contain features that allow you to voluntarily forward information and personal messages to a friend, family member, colleague or other individual. When you use one of these features, we may ask you to provide your name and email address and the recipient's name and email address so that we may use this information to customize and deliver your email message to your intended recipient.
When you contribute to a public area or feature on our Website, such as an online community board, message board, blog or other such open forum, the information that you submit will be made available to the general public. For this reason, we recommend that you exercise caution in your submission of personally identifiable information since it will be accessible by the public.
If we are under a duty to disclose or are otherwise required to share your personally identifiable information in order to, among other things, comply with any legal or regulatory obligation, respond to a subpoena, inquiries or other requests from any government agency or authority, enforce this Policy, to pursue available remedies or limit damages we may sustain, or to protect the rights or interest in property of the Company, or the safety, security or interests of the Company and/or any of its officers, directors, employees, agents, representatives, customers, or other visitors of the Website, including, but not limited to, exchanging information with other organizations for the purposes of fraud protection.
Personally identifiable information and other information collected from you may also be transferred to a third party that is a prospective buyer or seller of the Company's business or assets, or to another as a result of a sale, acquisition, merger, other transfer, debt financing arrangement, reorganization, or bankruptcy (a "Transfer") involving us, our parent company, or any affiliate or subsidiary. We specifically reserve the right to transfer personally identifiable information collected from the Website, and any of the Company's databases, to a third party in connection with a Transfer, and nothing in this Policy is intended to or shall be deemed to interfere with our ability to transfer all or part of our business and/or assets (including the Website) to an affiliate or independent third party at any time, for any purpose, without limitation whatsoever.
Notwithstanding the foregoing, and without limiting the above, we reserve the right, and your use of the Website authorizes us, to disclose your personally identifiable information when we determine, in our sole discretion, that the disclosure of any such information is necessary to identify or contact you, or bring a legal action, including an action against you, if: (a) you are or may be violating this Policy; (b) you are interfering with another's rights or property, including, without limitation, our rights or property; (c) you are violating any applicable law, rule or regulation; (d) necessary or required by any applicable law, rule, or regulation; and/or (e) requested by authorities during any pending investigation, whether against you or another, or in the event of any act of terrorism or instance of local, regional, or national emergency.
Please note that, although we use security measures to keep your personally identifiable information anonymous, no security measure is perfect or impenetrable. As such, we cannot ensure or guarantee that all of your private communications and other personally identifiable information will never be disclosed in ways not detailed in this Policy. By way of example, and without limiting the foregoing, we may be forced to disclose personally identifiable information to the government or third parties under certain circumstances or third parties may unlawfully intercept or access transmissions or private communications despite certain safeguards being in place. Therefore, notwithstanding anything contained herein to the contrary, your use of the Website is at your own risk and we cannot and do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.
How to Change Your Personally Identifiable Information Maintained by the Company
If for any reason you are concerned that your personally identifiable information held by the Company is not correct, please visit the Website's homepage and select "Login" to log into your account so that you may edit and save the correct information. Should you have any trouble with the online sign-in process, or are otherwise unable to correct your personally identifiable information in this manner, you may call one of our Customer Care specialists at (800) 729-1997 or email us at email@example.com so that they may assist you. Only you or the Customer Care department may access your personal data from the Website using your password and user ID. Additional information related to you and/or your account may be changed online within "My Account".
Other Information Collected and Used by the Company
In some cases, we may automatically collect information from you that may not be considered personally identifiable information. Non-personally identifiable information may be collected directly by us or by a third party vendor that performs functions on our behalf. Examples of non-personally identifiable information include, but are not limited to, the computer operating system used, the Internet browser used, your IP address, the date and time of a visit to the Website, the number of times you have clicked on an advertisement, other interactions between you and the Website and other web usage activity and data logged by servers. This information is generally used for internal system administration, to diagnose and troubleshoot our system and servers, and to administer our Website. The information may also be used to gather broad demographic information and data related to consumer behavior so that we may better match our products, services, advertisements and Website to your interests and preferences.
Like many other websites, we use "cookies" or similar anonymous identifiers to help us gather and store information about visitors to our Website. A cookie is a small data file that a server sends to your browser when you visit the Website. When you visit the Website again, the cookie allows the Website to recognize your browser. Cookies may store user preferences and other information. The cookies do not monitor, track or store any personally identifiable information.
To help make the Website work properly and improve your browsing experience (e.g., cookies that enable you to navigate around web pages or access secure areas of the Website so that you may purchase products or services);
To monitor traffic to and from our Website and on our Website;
To recognize repeat visitors to our Website, including specific pages of the Website;
To authenticate users, safeguard against fraudulent use of login credentials and protect user data from unauthorized parties;
To enable you to carry information across pages of the Website to avoid having to re-enter the same information on multiple pages;
To track visitor interaction with advertisements displayed on our Website or advertisements linked to our Website (e.g., to monitor the number of times a certain advertisement is displayed during a visit to the Website and/or the number of times the advertisement is clicked by the visitor);
To advertise and remarket our products and services and to make those ads more engaging and relevant to you;
To measure conversion events and the effectiveness of our advertising (e.g., some cookies help us determine how many times visitors have clicked on a Google ad and how many of those visitors thereafter purchased a product or service from us).
Both the Company and third party vendors (like Google) set cookies through the Website. We use first party cookies, such as Google Analytics cookies, and third party cookies, such as AdRoll cookies, to report ad impressions and uses of ad services. These cookies and website pixels also allow us to analyze how user interactions with ad impressions and services are related to the Website.
In addition, we permit other third party companies, like AddThis, to collect certain anonymous identifiers when you visit our Website. These third party companies may use non-personally identifiable information during your visits to this Website and other websites in order to provide advertisements about goods and services likely to be of interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this type of behavioral advertising practice, please visit www.networkadvertising.org.
A. Google Analytics
Our analytics cookies include Google Analytics. This tool uses a set of cookies to collect information and report Website usage statistics without personally identifying individual visitors to Google. We have implemented the following Google Analytics advertising features:
Remarketing with Google Analytics: permits us to deliver targeted ads to users that have already visited the Website or App, which ads are based on behavior those users displayed during their sessions (e.g., delivering an ad for a discount to a Website visitor who added items to their shopping cart but did not complete the checkout process).
Google Display Network Impression Reporting: permits us to measure the effect and value of ads that are not clicked by consumers, thereby helping us better understand the value of these ads with respect to our return on investment.
Google Analytics Demographics and Interest Reporting: permits us to better understand the interests and demographics of our Website audience so that we can identify the types of visitors to the Website and the subset of visitors that convert in order to better understand our return on investment and more efficiently manage our advertising costs.
To find out more information about Google Analytics, its security and privacy policies, please visit https://support.google.com/analytics/answer/6004245. To opt out of Google Analytics visit https://tools.google.com/dlpage/gaoptout.
B. Google AdWords
We also use Google AdWords to advertise online and make our ads more relevant to users interested in one of our products or services. We have implemented the following Google AdWords features:
Other types of interest-based advertising
Demographic and location targeting
The remarketing and similar audience features allow us to reach consumers who previously visited the Website as well as consumers similar to past visitors of the Website. With this feature we are able to match those users with the most relevant ads in order to attract those visitors to the Website. Such ads may appear to users as they browse other websites that are part of the Google Display Network or as they search for terms related to the Company's products on Google. To learn more about remarketing with AdWords visit https://support.google.com/adwords/answer/2453998?hl=en. For additional information about AdWords similar audiences, visit https://support.google.com/adwords/answer/2676774?hl=en.
Interest-based advertising features permit us to reach consumers based on their interests as they browse websites or apps on the Google Display Network. For instance, if a user has been browsing for a specific product, like a Driver Safety Course, and takes a break to read a news site, Company ads relevant to its driver safety courses may reach that user while they browse the news site. This helps us attract the customers that have expressed an interest in our products and services, or are likely to express an interest in our products or services based upon their already expressed interest categories. To learn more about AdWords interest based advertising, like interest categories, visit https://support.google.com/adwords/answer/2497941?hl=en&ref_topic=3122880.
Similarly, with the demographic and location targeting features, we are able to target our ads to a specific set of consumers within a particular geographic area, age range, gender or parental status that are most likely to purchase our products and services. For example, we may set our ads for a Florida Driver Education Course to be displayed only to users situated in the State of Florida, or our ads for a Mature Driver Course may only target adults of qualifying age. For more information about AdWords demographics targeting, visit https://support.google.com/adwords/answer/2580383?hl=en. For AdWords location targeting visit https://support.google.com/adwords/answer/6317?hl=en.
C. Bing Search Network
E. How You Can Manage Cookies
To serve ads in services where cookie technology may not be available (for example, in mobile applications), we may use anonymous identifiers. Anonymous identifiers perform similar functions to cookies. To learn more about limiting ad tracking on devices using iOS 6 and above, visit the Settings menu on your device. To opt-out of interest based ads on Android, open the Google Settings app and select Ads.
Linking Policy and Safeguarding your Personally Identifiable Information
The Website links to other websites created and maintained by other private and/or public organizations, such as Facebook or Twitter, that are not controlled by the Company. Some of these third-party websites may use our logos or style as the result of a co-branding agreement or other business relationship. Others may not. In any event, we do not endorse the organizations sponsoring linked websites or the views they express or the products or services they may offer. The Company cannot and does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website, and is not responsible for any transmission received by or from a user from or to a linked website. It is the Company's policy to not link to any website that endorses hate, bias or discrimination and we reserve the right to deny or remove any link that contains misleading information or unsubstantiated claims, or is otherwise determined to be in conflict with the Company's mission or this Policy.
Please also note that we cannot authorize the use of any copyrighted materials contained in linked websites. Request for authorization to use a copyrighted work must be made to the copyright owner.