END USER LICENSE AGREEMENT AND TERMS OF SERVICE
SECURITY AND VALIDATION POLICY: STUDENT acknowledges that: (i) it is illegal to attempt to circumvent this Mobile App and/or Online course; (ii) validation mechanisms are in place to prevent circumvention of the Mobile App and/or Online course ; (iii) any attempt to circumvent this state-approved driving safety course may result in loss of Certificate of Course Completion, court fines, higher insurance premiums and/or forfeiture of payment for the course; and (iv) circumvention includes, but is not limited to, having someone other than the registered STUDENT taking or participating in the Mobile App and/or Online course for STUDENT. STUDENT represents that the information provided to ACEABLE is true and correct and that if ACEABLE determines that STUDENT has misrepresented his/her identity, STUDENT will be removed from the Mobile App and/or Online course and will forfeit any and all fees. STUDENT acknowledges that misrepresenting his/her identity in order to complete this state-approved course may constitute perjury and other criminal violations, which may be punishable by a maximum 10-year prison term and a $10,000.00 fine, in addition to possible civil penalties. STUDENT understands, agrees, and hereby expressly consents to ACEABLE accessing and using third-party databases (pertaining to drivers licenses, DMV records, credit information, housing history, and other data containing STUDENT’s personal information) to obtain information to verify the accuracy of personal information submitted by STUDENT to ACEABLE, prevent fraud or for any other permissible purpose. ACEABLE may request that STUDENT provide a notarized Statement of Assurance verifying STUDENT’s identity and compliance with this Security and Validation Policy. STUDENT agrees to provide such Statement of Assurance if requested by ACEABLE.
DRIVER EDUCATION SCHOOL INFORMATION
Legal Name: Aceable Inc.
School License Number: TBD
School Instructor: Claudio Fox
School Instructor Number: TBD
Course Title: Aceable Adult Drivers ED for Mobile
Payment Method: Apple App Store, Google Play, Credit Card, Check, Money Order, or Paypal.
Number of Class Lessons: 9
Course Length: 362 minutes
TUITION SCHEDULE: The total cost of the Mobile App and/or Online course is stated at the time of purchase.
COURSE SCHEDULE: The Mobile App and/or Online course shall generally be accessible and available to STUDENT twenty-four (24) hours per day following receipt of payment for the Mobile App and/or Online course (“COURSE START”). STUDENT’s access to and use of the Mobile App and/or Online course shall be subject to the license granted herein. STUDENT must have an Apple iOS device running operating system 6.0 or higher. At this time, the course is only accessible through iOS devices. Circumstances that would affect the twenty-four hour availability of the Mobile App and/or Online course include, but are not limited to, system failure, site failure, user and provider connection failures, and user and provider phone line failure. STUDENT hereby assumes all responsibility for the equipment, systems, requirements, procedures and/or other matters related to STUDENT’s ability to access the Mobile App and/or Online course. If, at any time, STUDENT is unable to access the Mobile App and/or Online course, ACEABLE will adjust the COURSE END date to reflect the period of time when access was unavailable, if and only if, STUDENT contacts ACEABLE by telephoneand informs ACEABLE of the unavailability of access, and if the unavailability of access is the fault of ACEABLE. STUDENT acknowledges and agrees that interruptions in Internet service may occur over which ACEABLE has no control or responsibility.
CANCELLATION AND REFUND POLICY: STUDENT may cancel the Mobile App and/or Online course within 168 hours (7 days, excluding Saturday, Sunday, and legal holidays) of COURSE START and receive a full refund; provided that STUDENT has NOT failed the Mobile App and/or Online course or has NOT completed the Mobile App and/or Online course successfully. For purchases made through the app store, the STUDENT will be required to request a refund through Apple. ACEABLE will refund all amounts made through STRIPE within our app.
To CANCEL the Mobile App and/or Online course, STUDENT must request a refund by contacting Customer Service. Upon CANCELLATION, STUDENT’s REFUND will be processed within fifteen (15) days of CANCELLATION. No refunds will be given to STUDENT after 168 hours (7 days, including Saturday, Sunday, and legal holidays) from COURSE START OR if STUDENT successfully completes the Mobile App and/or Online course or receives a failing grade. If STUDENT attempts to circumvent the Mobile App and/or Online course STUDENT will receive a failing grade and no refund will be issued.
COURSE COMPLETION AND GRADING POLICY: STUDENT hereby acknowledges and agrees that he or she will be the sole person taking the Mobile App and/or Online course and answering the questions and will do so without assistance from a source other than the Mobile App and/or Online course or an ACEABLE representative. To receive a Certificate of Completion, STUDENT must score at least 70% on the Mobile App and/or Online course level assessments. If STUDENT fails to receive 70% on the Mobile App and/or Online course level assessment, STUDENT may review the Mobile App and/or Online course topics in the failed level and retake the Mobile App and/or Online course level assessment. In addition, STUDENT acknowledges that if STUDENT fails to meet the minimum state requirements relating to the Course Validation Questions, Video Questions, or the Personal Validation Questions, STUDENT will fail the Mobile App and/or Online course and not be entitled to a refund. The Mobile App and/or Online course is not considered complete until, and ACEABLE’s issuance of the Certificate of Completion is contingent upon: (i) STUDENT’s successful completion of the Mobile App and/or Online course, (ii) verification that the Mobile App and/or Online course was successfully completed by STUDENT, (iii) STUDENT’s payment of all fees owed to ACEABLE, and (iv) STUDENT’s compliance with the terms of this CONTRACT (collectively “COURSE COMPLETION”). STUDENT acknowledges that ACEABLE is prohibited from issuing a Certificate of Completion if STUDENT has not met all of the requirements for COURSE COMPLETION and STUDENT agrees not to accept a Certificate of Completion if STUDENT has not met all such requirements, included payment of fees owed to ACEABLE. STUDENT acknowledges that a student who signs a Certificate of Completion commits a Class C misdemeanor if 6 hours of instruction have not been received or if the student falsifies any information on the Certificate of Completion. The “Mobile App and/or Online course COMPLETION DATE” printed on the state issued Certificate of Completion is based on the Central Standard Time zone regardless of the location of STUDENT. If STUDENT successfully completes the Mobile App and/or Online course and does not receive the state issued Certificate of Completion within 10 business days, STUDENT must contact ACEABLE within thirty (30) days of completion to request a duplicate. The fee for a duplicate uniform certificate of course completion is $10. If the STUDENT requests a duplicate within thirty (30) days of the date of issue of the original certificate because the original was not received or was damaged so as to be unusable or was issued with errors due to no fault of the student, ACEABLE will issue a duplicate at no cost to the student.
STUDENT REGISTRATION OBLIGATIONS: In consideration of STUDENT’s use of the Mobile App and/or Online course, STUDENT hereby: (a) agrees to provide true, accurate, current and complete information about himself or herself upon his or her registration to take the Mobile App and/or Online course (such information being the “Registration Data”); (b) agrees to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) acknowledges and agrees that ACEABLE shall not be liable to STUDENT or any third party for any termination of his/her access to his/her password, account or the Mobile App and/or Online course ; and (d) certifies that he or she is at least 18 years old, or if STUDENT is younger than 18 years old, that the legal guardian of STUDENT consents to STUDENT accessing the Mobile App and/or Online course gives permission for ACEABLE to collect information on STUDENT, and consents to STUDENT taking the Mobile App and/or Online course. If STUDENT is not 18 years or older proceed no further, until STUDENT’s legal guardian has reviewed this CONTRACT and consents to STUDENT accessing the Mobile App and/or Online course. If STUDENT provides any information that is untrue, inaccurate, not current or incomplete, or ACEABLE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ACEABLE has the right to suspend or terminate STUDENT’s access to the Mobile App and/or Online course and refuse any and all current or future use of the Mobile App and/or Online course (or any portion thereof). In addition, STUDENT is solely responsible for making all necessary arrangements with the applicable court and with his or her insurance agency for obtaining all necessary documentation and for paying any applicable fees or costs in order to have his or her traffic ticket dismissed or to obtain a discount on his or her automobile insurance if STUDENT is eligible for such dismissal or discount.
STUDENT ACCOUNT, PASSWORD AND SECURITY: STUDENT will create a login id (email) and password during the initial registration process. Additionally, the student may use other ID authentication methods such as Facebook Auth ID or Google One login. STUDENT acknowledges that he or she is responsible for maintaining the confidentiality of the password and account, and that he or she is fully responsible for all activities that occur under his or her password or account. STUDENT agrees to (a) immediately notify ACEABLE of any unauthorized use of his or her password or account or any other breach of security, and (b) ensure that he or she exits from his or her account at the end of each session. ACEABLE cannot and will not be liable for any loss or damage arising from STUDENT’s failure to comply with this Section.
NO RESALE OF SERVICE: STUDENT agrees not to sell, resell or exploit for any commercial purposes, any portion of the Mobile App and/or Online course use of the Mobile App and/or Online course or access to the Mobile App and/or Online course.
GENERAL PRACTICES REGARDING USE AND STORAGE: STUDENT agrees that ACEABLE has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Mobile App and/or Online course. STUDENT acknowledges that ACEABLE reserves the right to log off accounts that are inactive for an extended period of time. STUDENT further acknowledges that ACEABLE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
TERMINATION: If ACEABLE believes that STUDENT has violated or acted inconsistently with the letter or spirit of this CONTRACT or the Terms of Access, STUDENT agrees that ACEABLE, in its sole discretion and at any time, may terminate STUDENT’s access to his/her password, account (or any part thereof), or his or her access to or use of the Mobile App and/or Online course. STUDENT acknowledges and agrees that any termination of his/her access to his/her password, account or access to or use of the Mobile App and/or Online course may be effected without prior notice and that ACEABLE may immediately deactivate or delete his/her account and all related information and files in his/her account and/or bar any further access to such files or the Mobile App and/or Online course. Further, STUDENT acknowledges and agrees that ACEABLE shall not be liable to STUDENT or any third-party for any termination of his/her access to his/her password, account or the Mobile App and/or Online course. Termination or cancellation of this CONTRACT shall not affect any other right or relief to which ACEABLE may be entitled, whether at law or in equity. Upon termination of this CONTRACT, all rights granted to STUDENT will terminate and revert to ACEABLE, regardless of the reason for cancellation or termination. All provisions in this CONTRACT relating to proprietary rights, indemnification and limitation of liability shall survive termination.
ACEABLE’S PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INFORMATION AND USE RESTRICTIONS: All of the information included in the Mobile App and/or Online course, including all the software text, course materials, graphics, logos, photographs, graphs, sounds, data, images, audio, page headers, software, buttons, video and other icons and the arrangement and compilation of this information (collectively, the “Information”) is the valuable property of ACEABLE. ACEABLE and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of ACEABLE. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright and trademark laws, and all intellectual property rights in the Mobile App and/or Online course belong to ACEABLE or its licensors. The Information is the valuable, exclusive property of ACEABLE. Nothing in this CONTRACT shall be construed as transferring or assigning any ownership rights in the Information to STUDENT or any other person or entity. Ownership of the Mobile App and/or Online course and the Information shall remain at all times with ACEABLE or its licensors.
STUDENT is granted a license to use the Mobile App and/or Online course hereunder, as long as STUDENT complies with the terms of this CONTRACT and the Terms of Access, or until ACEABLE terminates this CONTRACT or STUDENT’s access rights. STUDENT may use the Information solely for taking the Mobile App and/or Online course. STUDENT agrees that he or she will not (and that he or she will not allow any third party to) (i) resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file; (ii) remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information; or (iii) use the Information for any purpose other than for taking the Mobile App and/or Online course. STUDENT further agrees to use the Mobile App and/or Online course and the Information for lawful purposes only. All rights not granted to STUDENT herein are expressly reserved by ACEABLE or its licensors. ACEABLE and its licensors reserve all rights to enforce their copyright and intellectual property rights.
LICENSE GRANT. ACEABLE grants STUDENT a limited, personal, non-assignable, non-transferable and non-exclusive right and license to use the Mobile App and/or Online course and the Information on a single computer until ACEABLE terminates this CONTRACT or STUDENT’s access rights; provided and expressly conditioned upon STUDENT’s agreement that all such access and use shall be governed by all of the terms and conditions set forth in this CONTRACT and the Terms of Access and provided that STUDENT does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Information. STUDENT agrees not to modify the Information in any manner or form, or to use modified versions of the Information, including (without limitation) for the purpose of obtaining unauthorized access to the Mobile App and/or Online course or creating a competitive product. STUDENT agrees not to access the Mobile App and/or Online course by any means other than through the interface that is provided by ACEABLE for use in accessing the Mobile App and/or Online course.
LIMITED WARRANTY AND DISCLAIMER OF WARRANTIES. ACEABLE REPRESENTS AND WARRANTS THAT THE Mobile App and/or Online course HAS BEEN APPROVED BY THE TEXAS EDUCATION AGENCY (“TEA”), THE STATE AGENCY RESPONSIBLE FOR LICENSING DRIVER SAFETY COURSES AND ADDITIONAL INFORMATION CONCERNING THIS AUTHORIZATION CAN BE OBTAINED BY CONTACTING THE TEA AT (512) 997-6500. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE FOREGOING SENTENCE, ACEABLE PROVIDES THE Mobile App and/or Online course ON AN “AS IS, WITH ALL FAULTS” BASIS AND STUDENT ASSUMES ALL RISKS OF USING THE Mobile App and/or Online course AND ALL RISK OF ERRORS AND/OR OMISSIONS, INCLUDING THE TRANSMISSION OR TRANSLATION OF THE INFORMATION IN THE Mobile App and/or Online course. ACEABLE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, (i) ANY WARRANTY THAT ANY TRAFFIC TICKET THAT STUDENT MAY HAVE RECEIVED WILL BE DISMISSED; (ii) ANY WARRANTY THAT STUDENT WILL RECEIVE ANY DISCOUNT ON HIS OR HER AUTOMOBILE INSURANCE SOLELY BECAUSE HE OR SHE HAS PASSED THE Mobile App and/or Online course ; (iii) ANY WARRANTY OF THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PROGRAMS, PRODUCTS, OR SERVICES; (iv) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, ADEQUACY TO PRODUCE ANY PARTICULAR RESULT, ACCURACY OR RELIABILITY OF THE USE OF, OR THE RESULTS OF THE USE OF, THE Mobile App and/or Online course ; AND (v) ANY WARRANTY THAT THE Mobile App and/or Online course WILL MEET STUDENT’S REQUIREMENTS OR WILL BE SUITABLE FOR STUDENT’S NEEDS.
ACEABLE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE Mobile App and/or Online course WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE Mobile App and/or Online course OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. STUDENT ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. STUDENT ASSUMES FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY HIS OR HER REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE Mobile App and/or Online course.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO STUDENT. THIS WARRANTY GIVES STUDENT SPECIFIC LEGAL RIGHTS. STUDENT MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
LIMITATION ON LIABILITY: STUDENT AGREES THAT IN NO EVENT SHALL ACEABLE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS) BE LIABLE FOR AND STUDENT HEREBY RELEASES ACEABLE FROM ANY LIABILITY FOR THE FOLLOWING: (i) ANY DECISION OR ACTION TAKEN, OR NOT TAKEN BY STUDENT IN RELIANCE UPON THE INFORMATION CONTAINED OR PROVIDED THROUGH THE Mobile App and/or Online course (ii) ANY CONDUCT CONTEMPLATED BY THIS CONTRACT OR IN ANY OTHER MANNER RELATED TO STUDENT’S USE OF THE Mobile App and/or Online course INCLUDING, WITHOUT LIMITATION, ANY ALLEGED DAMAGES RELATING TO THE DISMISSAL OF, OR FAILURE TO DISMISS, ANY TRAFFIC TICKET OR STUDENT’S ABILITY OR INABILITY TO OBTAIN A DISCOUNT ON HIS OR HER AUTOMOBILE INSURANCE; AND (iii) ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR LACK OF AUTHENTICITY OF, THE Mobile App and/or Online course OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO STUDENT, OR FOR ANY CLAIM OR LOSS ARISING THEREFROM OR OCCASIONED THEREBY. STUDENT FURTHER AGREES THAT IN NO EVENT SHALL ACEABLE BE LIABLE FOR AND STUDENT HEREBY RELEASES ACEABLE FROM ANY AND ALL NON-DIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHETHER OR NOT ARISING OUT OF OR RELATED TO THIS CONTRACT.
IN NO EVENT SHALL ACEABLE’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE) ARISING OUT OF OR RELATED TO THIS CONTRACT, THE Mobile App and/or Online course AND/OR ANY USE OF ACEABLE’S WEB SITE AND MOBILE APPLICATION, EXCEED THE COST OF TUITION PAID BY STUDENT FOR THE Mobile App and/or Online course EVEN IF ACEABLE OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF AND TO THE EXTENT ANY PAYMENT REQUIRED TO BE MADE PURSUANT TO THIS CONTRACT OR DAMAGE LIMITATION SET FORTH HEREIN IS DEEMED TO CONSTITUTE LIQUIDATED DAMAGES, STUDENT HEREBY ACKNOWLEDGES AND AGREES THAT SUCH DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE AND THAT SUCH PAYMENT IS INTENDED TO BE A REASONABLE APPROXIMATION OF THE AMOUNT OF SUCH DAMAGES AND NOT A PENALTY. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, STUDENT’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS CONTRACT AND/OR ANY LIABILITY ARISING OUT OF OR RELATED TO THIS CONTRACT AND/OR THE Mobile App and/or Online course SHALL BE A REFUND OF THE TUITION PAID BY STUDENT FOR THE Mobile App and/or Online course. THIS LIMITED LIABILITY SHALL BE COMPLETE AND EXCLUSIVE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. THIS CLAUSE GIVES STUDENT SPECIFIC LEGAL RIGHTS. STUDENT MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
INDEMNIFICATION. STUDENT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS ACEABLE, ITS SUBSIDIARIES, LICENSORS, AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES OR SUBCONTRACTORS, FOR AND AGAINST ALL CLAIMS OR DEMANDS, INCLUDING REASONABLE ATTORNEY’S FEES, ARISING FROM OR RELATED TO STUDENT’S ACCESS, CONNECTION TO, OR USE OF, OR STUDENT’S INABILITY TO USE, ACCESS, OR CONNECT TO, THE Mobile App and/or Online course, (INCLUDING THE INFORMATION OBTAINED THROUGH THE Mobile App and/or Online course ), STUDENT’S VIOLATION OF THIS CONTRACT OR STUDENT’S VIOLATION OF ANY RIGHTS OF ANOTHER.
DELAYS IN SERVICES; FORCE MAJEURE. Any delays in or failure of performance by ACEABLE or any of its licensors, service providers or service sponsors (including its and their officers, directors, employees, affiliates, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond ACEABLE’s control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. ACEABLE shall have no responsibility to provide STUDENT access to the Mobile App and/or Online course while interruption of the Mobile App and/or Online course due to any such or similar cause shall continue.
NOTICES: Notices to STUDENT may be made via either email, regular mail or by displaying notices or links to notices generally on ACEABLE’s Web Site and Mobile Application.
TERMS OF ACCESS: The ACEABLE Terms of Access may be found from a link at the bottom of the ACEABLE home page. By accepting the CONTRACT, STUDENT re-affirms that he or she has read, understands and agrees to the TERMS OF ACCESS.
FORUM SELECTION/CHOICE OF LAW: STUDENT agrees that this CONTRACT, and any dispute arising out of this CONTRACT, shall be governed by, subject to, and interpreted under the laws of the State of Texas. STUDENT hereby irrevocably consents in any suit, action, or proceeding arising out of or relating to this CONTRACT to the 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 Travis 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 Travis County, Texas.
ATTORNEY’S FEES. If ACEABLE takes action (by itself or through its representatives) to enforce any of the provisions of this CONTRACT, including collection of any amounts due hereunder, in addition to all sums to which it is entitled or any other relief, at law or in equity, ACEABLE shall be entitled to recover from STUDENT and STUDENT agrees to pay, reasonable and necessary attorney’s fees and all costs of any litigation or other dispute resolution proceeding.
NO CONFLICTING TERMS. If there is a conflict between this CONTRACT, the Terms of Access for the Web Site and Mobile Application, or other documents relating to the Mobile App and/or Online course, this CONTRACT shall govern, whether or not such agreement or other document is prior to or subsequent to this CONTRACT, or is signed or acknowledged by any director, officer, employee, representative or agent of ACEABLE.
GENERAL INFORMATION. This CONTRACT, together with the Terms of Access posted on ACEABLE’s Web Site and Mobile Application, constitute the entire agreement between STUDENT and ACEABLE and govern STUDENT’s use of the Mobile App and/or Online course superseding any prior agreements between STUDENT and ACEABLE. The failure of ACEABLE to exercise or enforce any right or provision of this CONTRACT shall not constitute a waiver of such right or provision. If any provision of this CONTRACT is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this CONTRACT remain in full force and effect. STUDENT agrees that regardless of any statute or law to the contrary, in order to avoid waiver, STUDENT must give ACEABLE notice of any claim or course of action (“Claim”) arising out of or related to use of the Mobile App and/or Online course within one (1) year after STUDENT becomes aware of the material facts and circumstances giving rise to such Claim and any Claim must be filed within two (2) years after such claim arose or be forever barred. The section titles in this CONTRACT are for convenience only and have no legal or contractual effect.
This CONTRACT will be available at any time that STUDENT accesses the Mobile App and/or Online course. A printed version of this CONTRACT, containing all of these policies and schedules may be requested by calling ACEABLE at (512) 522-4174.