terms-of-service

Terms of Service Agreement

Effective Date: 09/10/2024

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, PLEASE REFRAIN FROM USING OUR WEBSITE OR SERVICES.

Acceptance of Terms:
This Terms of Service Agreement (“Agreement” or “TOS”) constitutes a legally binding contract governing your use of the services provided by Mastery Driving Academy (“Mastery Driving” or “we”), located at 5605 North MacArthur Blvd, Suite 1039, Irving, TX 75038. This Agreement applies to all users, including visitors and registered members, of the Mastery Driving website (the “Site”).

By accessing or using the Site and its services (“Services”), you confirm your acceptance of this Agreement, and any policies incorporated herein by reference. This Agreement is subject to amendments, and your continued use of the Services after any changes constitutes your acceptance of the updated terms.

Description of Services:
The Site serves as an e-commerce platform providing:

a) Information on upcoming class schedules.

b) Online enrollment and payment services facilitated by third-party platforms such as PayPal.

All visitors to the Site are considered “users.” Users who register and create an account are deemed “members.” As a user or member, you acknowledge and agree that:

a) The Services, including associated applications and content, are the exclusive property of Mastery Driving.

b) Mastery Driving reserves the right to add, modify, update, or discontinue any Services or content at its discretion. This Agreement extends to all future updates or modifications unless stated otherwise.

c) Services are provided “AS IS” without any guarantees of timeliness, delivery, or retention of user-generated content.

d) Continued use of the Services after updates constitutes acceptance of the revised terms. If you disagree with any changes, you must cease using the Services.

Registration Requirements:
To register as a member, you must:

a) Be at least 18 years of age and legally capable of entering into a binding contract.

b) Provide accurate, current, and complete information during the registration process.

c) Promptly update your information to maintain accuracy and completeness.

d) Not have been barred from accessing Mastery Driving’s Services under applicable laws.

By registering, you agree to:

a) Furnish truthful and current information as requested.

b) Maintain the accuracy of your account details.

Failure to comply with these requirements may result in the suspension or termination of your access to the Services.

General Provisions:
Mastery Driving Academy reserves the right to:

a) Modify or discontinue the Services, including updates, revisions, or new offerings.

b) Suspend or terminate access to the Services for any violations of this Agreement.

c) Provide the Services “AS IS,” disclaiming liability for issues such as missed delivery, data loss, or failure to store user preferences.

You agree to review this Agreement periodically to remain informed about any updates. If you do not accept the current terms, you must discontinue your use of the Services.

Provision of False Information:
Any individual who knowingly provides false, inaccurate, incomplete, or misleading information shall be deemed in violation of this Agreement. Mastery Driving Academy reserves the right to suspend or terminate such a member’s account and deny access to current and future services, either wholly or in part.

Parental Responsibility and Child Safety:
The safety and privacy of all visitors, users, and members, particularly children, are of paramount importance to Mastery Driving Academy. Parents or legal guardians of children under 13 years old who permit access to the platform must create a “family” account. By doing so, the account creator certifies they are at least 18 years old and assumes the role of the parent or legal guardian for any child registered under the “family” account. This account grants permission for the child to access services such as message boards, email, and instant messaging. Parents or legal guardians are responsible for determining whether the provided services and content are appropriate for their children.

Member Account, Username, Password, and Security:
Upon completing the registration process, members will receive a randomly generated password, which can later be updated. Members are responsible for maintaining the confidentiality of their password and for all activities conducted within their account. Any unauthorized access, use, or security breaches must be promptly reported to Mastery Driving Academy. The academy shall not be held liable for any losses or damages arising from failure to comply with these responsibilities.

Conduct and Content Responsibility:
Users and members acknowledge that all content posted, transmitted, or shared through the platform is the sole responsibility of the individual from whom it originated. While Mastery Driving Academy aims to foster a safe and respectful environment, the academy does not guarantee the accuracy, integrity, or quality of content shared through its services.

By using the services, users agree not to:

a) Upload or share any content deemed unlawful, harmful, abusive, harassing, defamatory, or otherwise objectionable.

b) Harm minors in any manner.

c) Impersonate any individual or entity or misrepresent affiliations.

d) Forge content or post materials without rightful ownership or authorization.

e) Uploading, posting, emailing, transmitting, or otherwise distributing any content that infringes upon the intellectual property or proprietary rights of any individual, including but not limited to patents, copyrights, and trademarks.

f) Uploading, posting, emailing, transmitting, or otherwise distributing any content that you do not have the lawful right to share under applicable laws or based on contractual or fiduciary obligations.

g) Uploading, posting, emailing, transmitting, or otherwise distributing any unsolicited or unauthorized advertisements, promotional materials, “junk mail,” “spam,” or other forms of solicitation, unless explicitly permitted in designated areas.

h) Uploading, posting, emailing, transmitting, or otherwise distributing any malicious software, viruses, or computer code designed to disrupt, damage, or interfere with the functionality of computer systems, hardware, software, or telecommunications equipment.

i) Disrupting or interfering with the normal flow of communication or otherwise acting in a manner that negatively impacts the ability of other users to participate in real-time interactions.

j) Interfering with or disrupting the Services, servers, or networks connected to our website, including circumventing security measures such as robot exclusion headers.

k) Violating any local, state, federal, or international laws, including but not limited to regulations enforced by the U.S. Securities and Exchange Commission or any securities exchange, such as the New York Stock Exchange, NASDAQ, or other similar entities.

l) Providing support, resources, or concealment of information to organizations designated as “foreign terrorist organizations” under Section 219 of the U.S. Immigration and Nationality Act.

m) Engaging in “stalking” or otherwise harassing another individual.

n) Collecting or storing personal data of other users without their consent or in connection with prohibited activities outlined above.

Rights Reserved by the Service Provider:
Mastery Driving Academy reserves the right to:

Pre-screen, refuse, or remove any content available through our Services that violates this agreement or is deemed offensive to other users or visitors.

Access, preserve, and disclose user account information or content as required by law, or when we have a good-faith belief that such actions are necessary to:
a) Comply with legal processes.
b) Enforce these Terms of Service.
c) Responding to any claims asserting that the content provided within the Services violates the rights of any third party;
d) Addressing inquiries or requests for customer support; or
e) Safeguarding the rights, property, or personal safety of Mastery Driving Academy, its visitors, users, members, and the general public.

Mastery Driving Academy reserves the right to implement security features that protect digital information and materials. The use of such features and the associated materials is governed by the usage policies established by Mastery Driving Academy and its content providers. Users are strictly prohibited from attempting to override or circumvent these embedded usage rules within the Services.

Unauthorized reproduction, publication, distribution, or exhibition of any content or materials provided by the Services, whether in whole or in part, is expressly forbidden.

Interstate Communication:
By registering, you acknowledge that the use of the Services provided by drivingschoolcarrollton.com, including sending electronic communications (emails, searches, instant messages, file uploads, photos, and videos), constitutes interstate communications. Your use of the Services affirms your agreement with these Terms of Service (TOS), acknowledging the interstate nature of these transmissions.

Global Use and Compliance with Export and Import Laws:
The global nature of the internet requires compliance with all local rules regarding online conduct and acceptable content. The uploading, posting, or transfer of software, technology, and technical data may be subject to export and import laws of the United States and other jurisdictions. By using the Services, you agree to comply with all applicable export and import regulations, including the Export Administration Regulations (EAR) and the U.S. sanctions programs.

You further certify that:
a) You are not listed on any U.S. government export exclusion report or affiliated with any government prohibited under applicable export and import laws;
b) You will not transfer any software, technology, or technical data via the Services to any prohibited country;
c) You will not use the Services for military, nuclear, missile, chemical, or biological weapon-related purposes in violation of U.S. export laws; and
d) You will not post, upload, or transfer software, technology, or technical data in violation of applicable export and import laws.

Ownership of User-Submitted Content:
Mastery Driving Academy (hereinafter referred to as “the Company”) does not claim ownership of any content submitted by visitors, members, or users to its website or related services. By submitting content, you hereby grant the company the following worldwide, royalty-free, and non-exclusive licenses as applicable:

a) Publicly Accessible Content For content submitted or made available for inclusion in publicly accessible areas of the Company’s website and services, you grant a license permitting the Company to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content. This license is solely for the purpose of promoting the specific areas of the Company’s services where the content was made available. This license remains in effect as long as you are a member and will terminate upon the discontinuation of your membership.

b) Media Content For photos, audio, video, and graphics submitted or made available in publicly accessible areas, you grant a license permitting the Company to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the media content solely to promote the specific areas of the services where it was placed. This license remains valid as long as you maintain membership and will terminate upon the discontinuation of your membership.

c) Other Content For any other content submitted or made available for inclusion in publicly accessible areas, you grant a perpetual, irrevocable, and fully sublicensable license permitting the Company to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such content, either in whole or in part, and to incorporate it into other works in any format or medium currently known or later developed.

Publicly Accessible Areas Definition:
Publicly accessible areas of the Company’s website refer to sections intended for public visibility, such as message boards and groups open to visitors and members. Non-public areas, including the mail system and instant messaging, are not included in this definition.

User Contributions:
The Company provides areas for users and members to contribute feedback, ideas, documents, suggestions, and proposals (collectively referred to as “Contributions”). By submitting Contributions, you acknowledge and agree that:

a) Your Contributions do not contain confidential or proprietary information.

b) The Company is not liable or obligated to maintain confidentiality regarding your Contributions.

c) The Company may use or disclose your Contributions in any manner it deems appropriate.

d) Your Contributions automatically become the sole property of the Company.

e) The Company is under no obligation to compensate or reimburse you in any manner for your Contributions.

By submitting content or Contributions, you affirm your understanding of these terms and grant the specified licenses to Mastery Driving Academy to facilitate the operation and promotion of its services.

INDEMNITY:
All users and members of Mastery Driving Academy, including its subsidiaries, affiliates, agents, employees, officers, partners, and licensors, agree to indemnify and hold harmless Mastery Driving Academy from any claims, demands, or liabilities, including reasonable attorney’s fees, arising from content submitted, posted, modified, transmitted, or otherwise made available through the use of its services. This indemnification includes, but is not limited to, claims related to violations of these Terms of Service or the rights of any third party.

COMMERCIAL USE OF SERVICES:
Users and members agree not to replicate, duplicate, copy, trade, sell, resell, or exploit any part of Mastery Driving Academy’s services or website for commercial purposes without express written consent.

GENERAL PRACTICES FOR USE AND STORAGE:
Mastery Driving Academy reserves the right to establish and modify practices and limits concerning the use of its services. This includes, but is not limited to:

• Maximum storage limits for emails, messages, and uploaded content.
• Retention periods for messages or uploaded content.
• Limitations on message sizes, disk space allocation, and service access durations.

Mastery Driving Academy is not liable for the deletion or failure to store messages, communications, or content. Inactive accounts may be removed at the school’s discretion. Users consent to the storage of communications on Mastery Driving Academy’s servers, acknowledging that others may also save communications.

MODIFICATIONS:
Mastery Driving Academy reserves the right to modify, suspend, or discontinue its services, or any part thereof, at any time without prior notice. The school shall not be held liable for any changes to the availability or nature of its services.

TERMINATION:
Users may terminate their accounts by submitting a written request to [email protected]. Mastery Driving Academy may suspend or terminate a user’s account without prior notice for reasons including, but not limited to:

a) Violations of these Terms of Service or other agreements.

b) Requests from law enforcement or government agencies.

c) Technical or security issues.

d) Discontinuation or material modification of services.

e) Any extended periods of inactivity on your account.

f) Any engagement by you in fraudulent or illegal activities; and/or

g) The failure to remit any fees owed by you in connection with the services provided by MasteryDrivingAcademy.com.

Furthermore, you acknowledge and agree that any termination, suspension, discontinuation, or limitation of access to your account and services shall be conducted at the sole discretion of Mastery Driving Academy. You further agree that Mastery Driving Academy shall not be held liable for any damages or claims arising from the termination of your account, associated email address, or access to any services. The termination of your account with MasteryDrivingAcademy.com may include, but is not limited to, the following actions:

a) Removal of access to all or part of the services provided by MasteryDrivingAcademy.com;

b) Deletion of your password, account information, files, and any other content associated with your account; and

c) Prevention of any further use of all or part of the services.

ADVERTISERS:
Any correspondence, business dealings, or participation in promotions with advertisers found on or through our services, which may involve the payment or delivery of related goods or services, shall be solely between you and the advertiser. You agree that Mastery Driving Academy shall not be held liable for any loss, damage, or adverse outcomes incurred as a result of these dealings or the presence of such advertisers on our website.

LINKS:
Mastery Driving Academy or third parties may provide links to external websites or resources. You acknowledge that we are not responsible for the availability of these external sites or resources. We do not endorse and are not responsible for any content, goods, services, advertising, or materials available through such third-party sites. You further agree that Mastery Driving Academy shall not be held responsible or liable, directly or indirectly, for any damages or losses arising from the use or reliance on any such content, goods, or services.

PROPRIETARY RIGHTS:
You acknowledge that Mastery Driving Academy’s services and any associated software (“Software”) contain proprietary and confidential material protected by applicable intellectual property laws. You agree that any content within advertisements or other information provided through our services is protected by copyrights, trademarks, patents, or other proprietary rights. You agree not to alter, modify, lease, rent, sell, distribute, transmit, broadcast, publicly perform, or create derivative works based on Mastery Driving Academy’s services (including content or software), in whole or in part, unless expressly permitted by applicable law or authorized by Mastery Driving Academy or the relevant licensor. Mastery Driving Academy grants you a personal, non-transferable, non-exclusive license to use the object code of our software on a single computer, provided that you do not allow third parties to duplicate, alter, modify, reverse engineer, reverse assemble, or create derivative works from such software.

Prohibited Actions:
You are strictly prohibited from reverse engineering, decompiling, disassembling, or otherwise attempting to discover or discern the source code of the Software. You may not sell, assign, sublicense, grant a security interest in, or otherwise transfer any rights in the Software. Additionally, you agree not to alter, modify, or adapt the Software in any manner, form, or nature. This includes, but is not limited to, the use of modified versions of the Software for the purpose of gaining unauthorized access to our Services. Access to our Services must only be through the official interface provided by Mastery Driving Academy. Any attempt to access the Services through unauthorized means is strictly prohibited.

Warranty Disclaimers:
You expressly acknowledge and agree that:

(a) The use of Mastery Driving Academy’s Services and Software is at your sole risk. The Services and Software are provided on an “as is” and “as available” basis. Mastery Driving Academy, including its subsidiaries, affiliates, officers, employees, agents, partners, and licensors, disclaims all warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.

(b) Mastery Driving Academy and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors do not warrant that: (i) The Services or Software will meet your specific requirements; (ii) The Services or Software will be uninterrupted, timely, secure, or error-free; (iii) The results obtained from the use of the Services or Software will be accurate or reliable; (iv) The quality of any products, services, information, or other materials purchased or obtained through the Services or Software will meet your expectations; or (v) Any errors in the Software will be corrected.

(c) Any information or material downloaded or otherwise obtained through the use of Mastery Driving Academy’s Services or Software is accessed at your sole discretion and risk. You agree to be solely responsible for any damage to your computer system or loss of data that results from downloading any such material.

(d) No advice or information, whether written or oral, obtained from Mastery Driving Academy or through its Services or Software, shall create any warranty not expressly stated in these Terms of Service.

(e) A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Services. Conditions may trigger previously undetected epileptic symptoms in individuals with no prior history of epilepsy. If you or anyone in your family has a history of epilepsy, consult a physician if you experience symptoms such as dizziness, altered vision, muscle twitching, loss of awareness, disorientation, or convulsions while using the Services.

Limitation of Liability:
You expressly acknowledge, understand, and agree that Mastery Driving Academy, including its subsidiaries, affiliates, officers, employees, agents, partners, and licensors, shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages. These damages include, but are not limited to, loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages, arising from:

a) the use or inability to use our services;

b) the cost of procuring substitute goods or services;

c) unauthorized access to or alteration of your transmissions or data;

d) statements or conduct of any third party using our services;

e) any other matter related to our services.

Special Admonition Regarding Financial Matters:
If you intend to create or join any service, receive or request news, messages, alerts, or other information from our services regarding companies, stock quotes, investments, or securities, please review the above sections on Warranty Disclaimers and Limitations of Liability again. For these types of services, the principle of “investor beware” is applicable.

Content provided by Mastery Driving Academy is intended for informational purposes only. None of the content included in our services is intended for trading or investment purposes. Mastery Driving Academy and its licensors are not responsible or liable for the accuracy, usefulness, or availability of any information transmitted through our services. We are not responsible or liable for any trading or investment decisions based on such information.

Exclusions and Limitations:
Certain jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations of the Warranty Disclaimers and Limitation of Liability sections may not apply to you.

Third-Party Beneficiaries:
You acknowledge, understand, and agree that unless otherwise expressly stated in these Terms of Service, there are no third-party beneficiaries to this agreement.

Notice:
Mastery Driving Academy may provide you with notices, including those regarding changes to these Terms of Service, through various means such as email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable communication methods. You agree that notices provided to you in any of these formats are deemed received, even if you fail to access our services in an authorized manner.

Trademark Information:
You acknowledge, understand, and agree that all Mastery Driving Academy trademarks, copyrights, trade names, service marks, logos, and brand features are and shall remain the property of Mastery Driving Academy. You agree not to display or use these logos or marks in any manner without prior written consent.

Copyright or Intellectual Property Infringement Claims:
Mastery Driving Academy respects the intellectual property rights of others and expects users of our services to do the same. Under appropriate circumstances and at its sole discretion, Mastery Driving Academy may disable or terminate the accounts of users who infringe upon the intellectual property rights of others.

Copyright Infringement and Intellectual Property Violation:
We reserve the right to take appropriate action against any individual or entity that repeatedly violates these Terms of Service (TOS) or infringes upon the rights of others. If you believe that your copyrighted work has been copied in a manner constituting copyright infringement, or that your intellectual property rights have been otherwise violated, you must submit a formal notice to us containing the following information:

a) Authorized Signature: The electronic or physical signature of the person authorized to act on behalf of the copyright or intellectual property owner.

b) Description of Infringed Work: A detailed description of the copyrighted work or other intellectual property you believe has been infringed.

c) Location of Infringing Material: The specific location of the material you claim is infringing, including the URL or other relevant identifying information.

d) Contact Information: Your physical address, telephone number, and email address.

e) Statement of Unauthorized Use: A statement declaring that the use of the copyrighted work is unauthorized by the copyright owner, its agents, or the law.

f) Accuracy and Authority Statement: A declaration, made under penalty of perjury, that the information provided in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on their behalf.

Notices of copyright or intellectual property infringement should be directed to:
Mailing Address:
Mastery Driving Academy
Attn: Copyright Agent
8605 N. MacArthur Blvd, Suite 1039
Irving, Texas 75038

Telephone: 972-510-5571
Email: [email protected]

Closed Captioning:
Mastery Driving Academy complies with all applicable Federal Communications Commission (FCC) rules and regulations regarding the closed captioning of video content. For further information, please visit our website at MasteryDrivingAcademy.com.

General Terms:
Entire Agreement: These TOS constitute the complete and exclusive agreement between you and Mastery Driving Academy, superseding any prior agreements related to our services.

a) Choice of Law and Forum: These TOS, and any disputes arising from them, shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions. All claims or disputes shall be resolved exclusively in the courts of Dallas County, Texas, or the United States District Court for the applicable jurisdiction. Both parties consent to the personal jurisdiction of these courts and waive objections to venue.

b) Waiver and Severability: Failure to enforce any provision of these TOS shall not constitute a waiver of such provision. If any provision is deemed unenforceable, the remaining terms shall remain in full effect.

c) Non-Transferability: Your rights under these TOS are non-transferable and do not carry any right of survivorship.

Terms of Service:
Account Non-Transferability:
You acknowledge and agree that your account is non-transferable. Any rights to your account credentials and/or its contents shall terminate upon your death. Upon receipt of a valid death certificate, we reserve the right to terminate your account and permanently delete all associated contents.

a) Statute of Limitations
You acknowledge and agree that, notwithstanding any statute or law to the contrary, any claim or legal action arising from or related to the use of our services or these Terms of Service must be filed within one (1) year from the date the claim or cause of action arose. Failure to file within this period shall result in a permanent bar on such claims or actions.

b) Reporting Violations
All violations of these Terms of Service should be reported to Mastery Driving Academy through the following channels:

• • Mailing Address:
    Mastery Driving Academy
    Attn: Copyright Agent
    5605 N. MacArthur Blvd, Suite 1039
    Irving, Texas 75038
  • Telephone:
    972-510-5571
  • Email:
    [email protected]