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END USER LICENSE AGREEMENT AND TERMS OF SERVICE
[ REVISED MARCH 2016 ]
Background. This end user license agreement and terms of service (this “Agreement”) sets forth the legally binding terms between Aceable Inc. (“Aceable,” “us,” or “we”) and you, as an end user of an iOS or Android application offered by Aceable (collectively, the “App”) through which we offer the driver instruction course for which you have registered (the “Course”).
By clicking the “I AGREE” button or by installing the App, you agree, effective as of such date (the “Effective Date”) to be bound by this Agreement.
YOU ARE ONLY AUTHORIZED TO USE THE APP AND TO TAKE THE COURSE IF YOU AGREE TO ABIDE BY ALL APPLICABLE LAWS AND THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD NOT INSTALL THE APP OR SHOULD DISCONTINUE USE IMMEDIATELY.
Representations About You. The App is not designed for use by children under the age of 13, and we do not intentionally collect personal information from children through the App. Thus, you represent and warrant to us that you are at least 13 years of age. If you are 13 or older but under the age of 18, you must review this Agreement with your own parent or guardian to make sure that you and your parent or guardian understand it and that they agree to it on your behalf. Also, you represent and warrant that the information that you provide to us about you in connection with the App will be current, true, accurate, supportable and complete, and promise that you will update this information to keep it current. When using the App while in a vehicle, you agree to not interact with the App unless your vehicle is stationary.
Driver Requirements in Your Jurisdiction. In addition to taking a course like the Course, there are almost certainly additional requirements in your state in order to receive a learner license, instruction permit, learner’s permit, driver’s license or similar license, including requirements to complete a “behind the wheel” driving instruction course offered by a third party. You acknowledge and agree that it is your sole responsibility to comply with any such requirements. A list of states in which the Course is approved to meet certain licensing requirements (or portions thereof) is set forth in our State-Specific Terms page. You hereby agree to comply with any state-specific requirements for your jurisdiction set forth in the State-Specific Terms. Aceable does not represent or warrant that the Course will meet the requirements of any other jurisdiction. If a Course is not approved by the state regulatory authorities in your jurisdiction, you may only use the App and the Course for general educational purposes. You use the App at your own initiative and are responsible for compliance with applicable laws.
Certificate of Completion. After you have completed the Course (or a certain number of modules within the Course) and have passed a quiz or final exam, you will receive a certificate acknowledging your completion (“Certificate”) from Aceable. By completing a Course or portion thereof to receive a Certificate, you hereby acknowledge and agree that you have reviewed all of the Course material and answered all quiz or exam questions yourself, as may be required by applicable state law. It is your sole responsibility to present the Certificate to the appropriate regulatory authority in your jurisdiction.
License Grant. Subject to the terms of this Agreement, Aceable hereby grants you a limited, non-exclusive and nontransferable license to download, install and use the App on a single smart phone, tablet or other mobile device that you own or control and to use the content, including text, pictures, videos, links and information or instructions made available to you through the App (“Content”) for your personal, non-commercial use.
License Restrictions. You shall not: (i) copy the App or any Content, except as expressly permitted by this license; (ii) modify, translate, adapt, or otherwise create derivative works or improvements of the App or the Course; (iii) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof; (iv) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notice from the App or the Course; or (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or the Course or any features or functionality of the App, to any third party for any reason, including making the App available on a network where it is capable of being accessed by more than one device at any time. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
Reservation of Rights. You acknowledge that the App and the Course is licensed, not sold, to you. Aceable reserves all rights in and to the App and the Course not expressly granted to you under this Agreement. You do not acquire any ownership interest in the App or the Course under this Agreement. Aceable and its licensors reserve and retain the entire right title and interest in and to the App and the Course, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement. If you submit comments, suggestions, or other feedback regarding the App (“Feedback”), Aceable will be free to use such Feedback for any purpose. “Aceable” and all associated logos displayed within the App are our trademarks (unless otherwise noted).
Data. In exchange for Aceable providing you with access to the App, you consent to Aceable collecting and using technical data in connection with your use of the App (“Data”), including technical information about your device, system, software and peripherals. You agree and acknowledge that Aceable owns all right, title, and interest in and to any Data that is collected by Aceable from you as the result of your use of the App. Aceable may use such Data for any lawful purpose without a duty of accounting, including without limitation (i) in order to provide the App to you, (ii) as necessary to monitor and improve the App, and (iii) to collect, develop, create, extract or otherwise generate statistics and other information and to otherwise compile, synthesize and analyze such Data (“Blind Data”), provided that Aceable agrees that it shall not use the Data in any manner in which you would be identified.
Confidentiality. You acknowledge that the App, the Content, the terms of this Agreement, and any other proprietary or confidential information provided by Aceable constitutes Aceable’s valuable proprietary information and trade secrets (“Confidential Information”). The information you provide to us about you (such as your name, address, date of birth and email address) and your test results will constitute your Confidential Information. Each party agrees to preserve the confidential nature of the other’s Confidential Information by retaining and using it in trust and confidence, solely for its internal use except as provided herein, and by using the same degree of protection that such party uses to protect similar proprietary and confidential information, but in no event less than reasonable care, provided that we may transfer your Confidential Information to our partners as may be necessary to deliver the App, the Course, or the Certificate of Completion to you, and to our successors and assigns in connection with a corporate transaction. Each party shall have the right to seek an injunction (without having to post a bond) to prevent any breach or continued breach of this section.
Acknowledgements Regarding Apple, Inc., Google Inc. and other App Store Providers. You acknowledge that this Agreement is between you and Aceable and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any sponsor or provider of any application marketplace (each an “App Store Provider”) and that Aceable (not the applicable App Store Provider) is responsible for the Mobile App. YOU ACKNOWLEDGE AND AGREE THAT NO APP STORE PROVIDER MAKES ANY WARRANTIES OR HAS ANY OBLIGATIONS WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP OR THE COURSE. If you are using the Mobile App on any iOS-based device, this license is granted to you only as permitted by and subject to any applicable Usage Rules set forth in the Apple App Store Terms and Conditions and Apple and its subsidiaries, are third party beneficiaries of this Agreement. If you are using the Mobile App on any Android-based device, this license is granted to you only as permitted by and subject to any applicable Android Market Terms of Service established by Google.
Maintenance. Scheduled system maintenance shall take place from time to time, and during such time, updates the Course or elements thereof may be unavailable. Emergency maintenance may be required at other times in the event of system failure. You specifically acknowledge that outage and downtime may occur.
Updates. Aceable may, but is not required to develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that Aceable has not obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the settings of your mobile device, when your device is connected to the Internet the App will automatically download and install available Updates, or you will be prompted to download an install available Updates. You acknowledge that the App or any of its features may not operate properly if you fail to install Updates. You further agree that all Updates will be deemed part of the App and subject to the terms of this Agreement.
Supplemental Terms. To enjoy certain aspects of the App, supplemental terms (each, “Supplemental Terms”) will apply and are hereby incorporated into this Agreement by this reference. State-Specific Terms and the Supplemental Terms Applicable to Paid Features section below are examples of Supplemental Terms. If we offer other features through or related to the App, other supplemental terms may apply. We will present such additional Supplemental Terms for review and acceptance at the time of the supplemental activity. Supplemental Terms are different from Third Party Terms (defined below) in that Supplemental Terms relate to offerings provided by Aceable, whereas Third Party Terms relate to third party offerings. In the event of any conflict between the terms hereof and any Supplemental Terms, the Supplemental Terms shall govern with respect to the matters contemplated thereby. Additional terms from Aceable.com apply, which can be found at Aceable Terms & Conditions and in the event of any conflict between those terms and any other terms including these terms, the terms found at Aceable Terms & Conditions shall prevail.
Third Party Offerings. To enjoy certain third party offerings, certain third party terms (each, “Third Party Terms”) may apply. Third Party Terms will be presented for review and acceptance at the time that you undertake such activity within the App, and any such Third Party Terms shall constitute an agreement between you and such third party. We are not responsible for such third party offerings.
Acknowledgement Regarding SMS Messages and Push Notifications. To the extent the App enables you to send or receive SMS messages, the standard text messaging rates or other carrier charges may apply to such use. Further, to the extent the App has push notification capability, by downloading the App and clicking to allow push notifications, YOU CONSENT TO RECEIVE COMMUNICATIONS, INCLUDING COMMERCIAL COMMUNICATIONS FROM OR ON BEHALF OF ACEABLE AND OUR PARTNERS.
Term and Termination. The term of this Agreement and the license and other rights granted herein commence on the Effective Date and the Course continue until terminated by Aceable or you. You may terminate this Agreement by deleting the App and all copies of it from your mobile device. Aceable may terminate this Agreement at any time without notice if it ceases to support the App, which it may do in its sole discretion, or if you fail to comply with one or more terms of this Agreement. Upon termination of this Agreement: (i) all license and other rights granted to you under this Agreement will terminate, and (ii) you must cease all use of the Course and destroy all copies, full or partial, of the Course. You acknowledge that Aceable may restrict, modify, or terminate this Agreement, without liability, for its convenience, or if you violate this Agreement or any law, rule, or regulation.
Disclaimers and Limitations of Liability. This section is important – please read it carefully. It limits Aceable’s liability (and the liability of its affiliates) to you. These disclaimers and limitations apply only to the extent permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply to you.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY STATED ABOVE, THE COURSE AND THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM, ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY.
Limitation of Liability. NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO THE COURSE OR THE APP. NEITHER WE NOR OUR AFFILIATES WILL HAVE LIABILITY TO YOU FOR DAMAGES IN EXCESS OF THE GREATER OF: (I) U.S. $50.00, OR (II) THE AMOUNT YOU PAID FOR THE APP AND THE COURSE, IF ANY, IN THE 12 MONTHS PRIOR TO THE CLAIM. THE ABOVE LIMITATIONS APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Export and Other Restrictions. You may not use or otherwise export or re-export the App, the App or elements thereof except as authorized by United States law and the laws of the jurisdiction in which the App or the App was accessed or obtained. The App and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Commercial Computer Software and Commercial Computer Software Documentation are being licensed to any U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Amendments. This Agreement will not be changed, modified, or amended except by a writing executed by both parties or if you electronically accept a subsequent agreement or amendment delivered by Aceable via a click-to accept mechanism.
Miscellaneous. The laws of the State of Texas, excluding its conflicts of law rules, govern this this license and your use of the App and the Course. The exclusive jurisdiction and venue of any action arising out of or related to this Agreement will be either the state or federal courts in Travis County, Texas, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Your use of the App or the Course may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us regarding the Apps. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. You may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Supplemental Terms Applicable to Paid Features.
This Section of this Agreement applies only to users who access additional modules to complete the Course.
Paid Content. Users may purchase additional Course materials and modules (“Paid Content”) within the App. Upon receipt of the payment described herein and subject to your adherence to the terms and conditions of the Agreement, we will make the Paid Content available to you. The foregoing does not diminish our ability to terminate your account (without refund) in the event of a breach of the Agreement, or if we cease to support the App.
Payment Terms. To access Paid Content, certain fees will apply. All fees are payable in U.S. dollars, non-refundable (except to the extent set forth below) and are exclusive of applicable sales, excise, use or similar taxes. You shall pay all such taxes as required by applicable law. You hereby agree to pay the applicable fees through the payment method on file with the applicable App Store. If payment is not received when due, including because the payment method is not valid, we may deny your request to access the Paid Content.
Contact Us. Please contact us if you have any questions regarding this Agreement.
ATTN: Customer Support
Customer Support: (614) 705-0800
The Course is approved in the following states to meet certain licensing requirements or portions thereof. These State-Specific Terms are Supplemental Terms as defined in the Aceable end user license agreement and terms of service (the “Agreement”) and apply only to users that are residents of the applicable states listed below: