Terms of Service Agreement - This contract is important - please read carefully: The Funny Driving, LLC. Terms of Service Agreement (“CONTRACT”) is a legal agreement between the (“STUDENT”) and Funny Driving, LLC., the partnership (“FDS”) and Funny Driving Online Course. (“FDSOC”) refers to the Online Driving Course offered by Funny Driving School which utilizes the Funny Driving Schools Course provider curriculum; both shall be referred to as (“FDS / FDSOC”). Checking the box and Clicking on the Submit button at the bottom of this CONTRACT and utilizing the FDS / FDSOC online course the STUDENT agrees to be bound by the terms of this CONTRACT. Verbal Assurances or Promises not contained here or in the CONTRACT shall not bind FDS / FDSOC or the STUDENT.
Driving Safety School Information:
Legal Name of Company – Funny Driving, LLC.
Website for Online Services – Funnydriving.com
Chief School Official Instructor Jeffrey D. Bitner
Course Length 6 hours
Number of Lessons 11 Chapters
Payment Method Credit Card
Course Schedule: FDS agrees to provide the STUDENT with 6 Hours of online instruction upon receipt of payment for the course. The STUDENT shall have generable and accessible access to the FDSOC twenty-four hours a day, seven days a week. The STUDENT acknowledges and agrees that (i) the Email Address you have provided to log in to FDSOC is valid and you have a device with Internet access capable of accessing online access and viewing and printing PDF files; (ii) by consenting to use Online Access, you are demonstrating that you have the ability to view and print information through electronic means. FDS / FDSOC is not responsible for any errors, failures or malfunctions of your computer or software. FDS / FDSOC reserves the rights to change the system requirements for using FDSOC as technology changes. Circumstances that could affect twenty-four-seven access could include but are not limited to; system failure, data center failure, site failure, loss of STUDENT internet connection, phone line failures, cyberattacks, third party system failures, sabotage, global internet failure. The cost of the course would include access to FDSOC, there will be additional fees for the shipping methods. If a duplicate of the completion certificate is needed, it must be requested from the Course Provider and would require a $10 fee for a duplicate certificate – Funny Driving, LLC.
Severe Weather Policy: FDS and FDSOC shall not be held responsible for delays in access to the online course, or any form of certificate deliveries due to severe weather conditions, fire, floods, explosions, acts of God, strikes or other acts of workers, acts of governmental authority, riots, armed conflicts, sabotage, cyberattacks, acts of war, third party system failures, or any other acts of nature.
Cancellation Policy: A full refund will be made to any STUDENT or approved or official representative for the student who cancels the enrollment CONTRACT before the ninetieth day after the enrollment CONTRACT is signed by the prospective STUDENT, unless the STUDENT has successfully completed the course, received a failing grade on the course examination, failed the personal verification questions, received any state approved certificate issued by the school, if they try to disable or circumvent the required course timing programming and security checks, if they are not the individual taking the class, or if they use other sources to complete the class that are not hereunto included.
For cancellation of course, please e-mail at support@funnydriving.com with your full name, address, date you signed up for the course, a brief statement of your cancellation request, and please include the last 4 digits of the credit card that was used for original payment.
Refund Policy: All tuition and fees paid are due and refundable when 1) the course of instruction is discontinued by the FDS / FDSOC, preventing a STUDENT from completing the course; or 2) the enrollment of the STUDENT was procured as a result of any misrepresentation in advertising, promotional materials of the FDS and FDSOC, or misrepresentation made by an owner or employee of the FDS and FDSOC. All refunds will be completed within 30 days after the effective date of enrollment termination.
For refunds of course, please e-mail at support@funnydriving.com with your full name, address, date you signed up for the course, and a brief statement of your cancellation request, and please include the last 4 digits of the credit card that was used for original payment. There will be no refunds for courses that have surpassed 120 days after the effective date of online enrollment and payment. Refunds because of limited access to FDSOC or express deliveries will NOT be issued for any reasons out of the FDS / FDSOC’s control, weather, fire, floods, explosions, acts of God, electromagnetic pulse attacks, naturally occurring electromagnetic pulses, employment strikes or other acts of other third party affiliates and their employees, acts of governmental authority, government shutdowns, riots, armed conflicts, sabotage, cyberattacks, acts of war.
Student Acknowledgments: I realize that any grievances not resolved by the FDS / FDSOC’s course provider (Funny Driving, LLC. 10891 Katy Freeway, Houston, TX 77079) may be forwarded to the Traffic Safety Division NMDOT General Office is located at: 1120 Cerrillos Road Santa Fe, NM 87504-1149 Mailing address: P.O. Box 1149 Santa Fe, NM 87504-1149 or by telephone at 505-277-0961 or the Licensing Section or by fax at 505-277-8975.
Attendance Policy: A STUDENT must complete the entirety of the 6 Hours for the FDSOC including all phases, questions, break, and exams of the approved FDS / FDSOC’s online course and curriculum and all the course completion sections to receive a certificate of completion. The FDSOC should be solely completed by the STUDENT without assistance from another person or any other external sources other than the FDS / FDSOC course CONTENT and or support staff for questions and technical assistance. All times will be recorded and will go on record as Central Standard Time.
Grading and Progress Policy: A STUDENT may not receive a certificate or be given credit for the course unless the STUDENT scores 70% or higher.
Rules of Operation: A STUDENT or prospective STUDENT may be dismissed if they do not pass the STUDENT verification process, if they try to disable or circumvent the required course timing programming and security checks, if they are not the individual taking the class, or if they use other sources to complete the class that are not hereunto included.
Duplicate Certificate Policy: Funny Driving, LLC. will provide duplicate certificates for STUDENTs if they have been lost, stolen, misplaced, or if the STUDENT fails to verify the correct information upon completion; however, Funny Driving School, Inc reserves the right to charge a $10.00 fee in order to process the duplicate, if there was a mistake by the STUDENT or the on the STUDENTS behalf.
General Information: FDS / FDSOC is prohibited from issuing a certificate of completion if the STUDENT has not met all the requirements for course completion and that the STUDENT should not accept a certificate under such circumstances. A STUDENT may commit a crime if they give a driver education certificate to the Traffic Safety Division and did not complete the course or if they put any information on the certificate that is not true. If the Student believes the minimum requirements are not being met by this school, contact the Traffic Safety Center NMDOT General Office is located at: 1120 Cerrillos Road Santa Fe, NM 87504-1149 Mailing address: P.O. Box 1149 Santa Fe, NM 87504-1149 or by telephone at 505-277-0961 or the Licensing Section or by fax at 505-277-8975. This agreement constitutes the entire CONTRACT between FDS / FDSOC and the STUDENT and no verbal assurance of promises not contained herein shall bind the FDS / FDSOC or the STUDENT.
Privacy: FDS / FDSOC, Instructor, and/or Course Provider does not collect personal information for any purpose other than to meet NMAC Driving Safety Schools guidelines concerning the issuance of certificates, and future FDS / FDSOC marketing purposes. Moreover, FDS / FDSOC, Instructor and/or the Course Provider does not create individual profiles with the information you provide or give/sell information to any private organizations. Statistical and anecdotal information may be used for research or to help clarify a subject to other STUDENTs. You may not use the FDS / FDSOC in any manner that would negatively impact it. You may not use any means of systematic retrieval of STUDENT/CONTENT data from accessing FDS / FDSOC websites, access other than those expressly permitted. You may not obtain, or attempt to obtain, access to any material or information on the STUDENTS or CONTENT through any means not expressly authorized by FDS / FDSOC. You may not use another person’s login information to access or use FDS / FDSOC. In no event shall FDS / FDSOC total aggregate liability for all damages, losses and causes of action (whether in contract, tort, including but not limited to negligence and strict liability) arising out of or related to this CONTRACT, the FDSOC or any use of FDS / FDSOC’s website exceed the cost of the amount paid by the STUDENT. STUDENT’s sole and exclusive remedy for any breach of this CONTRACT and/or the FDS / FDSOC shall be the refund of the amount paid by the student for FDSOC. The limited liability shall be complete and exclusive.
Confidentiality
FDS / FDSOC will use reasonable precautions to maintain the confidentiality of the STUDENT and the information you provide in connection with your use of our provided online courses at FDS / FDSOC. Because such information can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that any information provided by you or to you through online access will remain secure.
FDS / FDSOC and its affiliates, providers, third party sources, will use reasonable precautions to maintain the confidentiality of your account and the information you provide in connection with your use of FDS / FDSOC. Because the information accessible through Online Access can be accessed through the Internet, you hereby acknowledge and agree that there can be no assurance that any information provided by you or to you through Online Access will remain secure.
Copyright, Trademark and Proprietary Information use and restrictions: FDS / FDSOC - All online access CONTENT is the property of FDS / FDSOC or its licensors and is protected by applicable copyright, patent, trademark or other intellectual property law. You may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit any of FDS / FDSOC’s content without FDS / FDSOC’s written consent. You also agree not to use any of the content for any unlawful purpose. FDS / FDSOC’s content includes but are not limited to; logos, graphics, photos, voice recordings, sounds, programming, verbal content, videos, animations, memes, questions, all educational materials, the entire course format, design including all course materials is the sole property of FDS / FDSOC, again known here forth as the (“CONTENT”). This CONTRACT does not grant permission for anyone including the STUDENT to transfer or assign any type of ownership for any CONTENT within the FUNNY DRIVING SCHOOL to any other person or company. This CONTENT is proprietary and is protected by contract law, various intellectual property rights, domestic, international copyright, and trademark laws. You may not frame any CONTENT within the FDS / FDSOC websites. You must obtain FDS / FDSOC’s consent before creating any hyperlinks or similar connections to any online access or CONTENT. The CONTENT is valuable and the exclusive property of FDS / FDSOC and or its licensors. Ownership for all the included CONTENT is the sole property of FDS / FDSOC.
Attorney Fees: If FDS / FDSOC takes action by itself or with legal representation to enforce any provisions within this CONTRACT against STUDENT, including collections of any amounts due to FDS / FDSOC by law; STUDENT additionally agrees to pay, reasonable and necessary attorney fees and all cost of litigation or other dispute resolution proceedings. If STUDENT brings legal action against FDS / FDSOC, and the case is dismissed or FDS / FDSOC prevails, the STUDENT additionally agrees to pay, reasonable and necessary FDS / FDSOC attorney fees and all cost of litigation or other dispute resolution proceedings.
Forum Selection/Choice of Law: It is hereby agreed to that the STUDENT agrees that this CONTRACT and any disputes arising out of this CONTRACT, shall be governed by, subject to, and interpreted under the laws of the State of Texas. Student irrevocably consents to any suit, action, or proceeding arising out of our relating to this CONTRACT to be exclusive jurisdiction and venue of the United States District Court for the Southern District of Texas and the Jurisdiction and venue of any court of the State of Texas located in Harris County, Texas and agrees that any such suite, action, or proceeding shall be filed only in the United States District Court for the Southern District of Texas or a court of the State of Texas located in Harris County, Texas.
Instructor’s Statement: Under the penalties of law, I attest to the fact that the STUDENT who is registered for the FDSOC is the person who is successfully completing the number of hours as required under the NMAC Title 18 Chapter 20 Part 8, and that any false information on this document will be used as evidence in a court of law and/or administrative proceeding. To the extent permitted by law, in no event shall FDS / FDSOC, its affiliates, its licensors, its suppliers, officers, directors, employees, subcontractors or any third parties mentioned in the website be liable for any incidental, indirect, exemplary, punitive, consequential damages, court fees, insurance increases, lost profits, or any other monetary increases resulting from the accessibility of the FDSOC, any delivery of certificates. In addition, FDS / FDSOC shall not be held liable from the use of or even possible inability to use the website, systems educational information provided, services or the CONTENT whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not FDS / FDSOC is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for in these terms of use. FDS / FDSOC cannot be held liable for any failure to perform any term or condition of this agreement as a result of conditions within or beyond its control, such as, but not limited to; war, strikes, fires, floods, acts of God, riots, armed conflicts, sabotage, cyberattacks, acts of war, governmental restrictions, power failures or damages or destruction of any network facilities or servers and shall not be deemed a breach of this agreement.
Per the State of New Mexico and the NMAC 18.20.8 NMAC, Driving Safety School and the Terms of Service Agreement is a legal agreement between the STUDENT and FDS / FDSOC. Checking the box and Clicking on the Submit button at the bottom of this terms of service agreement; and utilizing the FDS / FDSOC course work, the STUDENT agrees that she or he has read, understands and agrees to this CONTRACT. The STUDENT understands that FDS / FDSOC may utilize third party databases to verify information required by the State of New Mexico for an online driving safety course. The STUDENT understands there are computer/smart device requirements, internet connection requirements and that possible service interruptions may occur through no fault of FDS / FDSOC. The STUDENT agrees that they have read, understands, and agrees to the FDS / FDSOC Privacy Policy and the CONTRACT.