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Terms of Use

THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THIS SITE AND ARE LEGALLY BINDING ON YOU. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

Copyright Notice

Compare driving school(“CDS”) provides to users personalized content, shopping services, and other services relating to the driving school industry and services through its site on the internet (the “Site”). The Site design, graphics, images, text, information, documents, services and products provided or offered on the Site, including the selection and arrangement of such items, are the copyrighted work(s) of CDS. (the “Materials”).

All software used on this Site is the property of CDS. or its licensors, and such software is protected by Canadian copyright laws and international treaties. Any use of the software other than as required to navigate the Site and utilize the functionality offered through the Site is expressly prohibited. No right to copy, distribute (in any manner through any means including without limitation rent, sales, lease, loan, or transfer), publicly display, publicly perform or modify the software accessible on the Site is granted, or may be implied by these Terms. You may not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code to the software without the express written permission of CDS. and/or its licensors, as applicable. You agree not to “frame” or “mirror” any Materials or Third Party Content contained on or accessible from this Site on any other server or Internet based device without the advance written authorization of CDS. or its licensors, as applicable.

CDS. grants you a limited, personal, non-exclusive and non-transferable license to display the Materials only on your personal computer and to print in hard copy portions of this Site for the sole purpose of placing an order with a CDS. partner or using this Site as a resource. Any other use of Materials on this Site – including reproduction for purposes other than those noted above, modification, distribution, or republication – without the prior written permission of CDS. is strictly prohibited. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials. Except as stated herein, you acknowledge that you have no right, title to, or interest in the Materials on any legal basis, without the advance written authorization of CDS.

In appropriate circumstances and in our sole discretion, we may remove or disable access to material on any of our websites or hosted on our systems that may be infringing the copyright of others.

 

Consistent with the Digital Millennium Copyright Act ("DMCA"), CDS will respond to a notice of alleged copyright infringement regarding any information available on our Site or through our Service. Please note that this procedure is exclusively for notifying us that copyrighted material has allegedly been infringed and matters other than informing CDS that copyrighted material may have been infringed will not receive a response through this process.

Pursuant to the DMCA, your infringement notification must include the following information:

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

- A description of the copyrighted work that you claim has been infringed upon;

- A description of where the material that you claim is infringing is located on the site, including a link or screenshot of the webpage containing the infringing material, if applicable;

- Your address, telephone number and e-mail 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;

- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send your notice of copyright infringement to CDS's designated Copyright Agent as follows:

General Counsel at Compare Driving School info@comparedrivingschool.com

ACCESS OR USING OUR SERVICE

To access or use some content or features of our Site or Service, you may choose to provide us certain information, we may require you to provide certain information, or require that you establish an account with us through registration. Your access to certain content or features may be limited if you are not 18 years of age or older, or the legal age in your jurisdiction to form a legally binding agreement, or for other reasons.

Whenever you submit information to us, you agree to provide true, accurate and complete information and agree to, if the option is available, promptly update the information if there have been changes to the information you provided.

 

Accounts. We may also impose restrictions on your ability to establish an account (e.g., age limits, restrict business entities from setting up accounts, limitations on the number of accounts, etc.). When registering an account, you may need to select a username ("ID") and password. You are responsible for keeping your ID and password, and other account information, confidential and are fully responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password by emailing us at info@comparedrivingschool.com

LIMITATION, SUSPENSION OR TERMINATION

We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to our Site or Service (including any Site Content or User Content) without prior notice. We may do so based on changes to our business practices (e.g., eliminating a Service, etc.), if you violate the letter and spirit of these Terms of Use, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.

Any limitation, suspension or termination we impose shall not alter your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive any such action on our part shall survive including, but not limited to, the rights and licenses that you have granted to us in your User Content and provisions relating to indemnities, releases, disclaimers, limitations on liability, mandatory arbitration, no class action and all of the miscellaneous provisions.

Online Merchants and Third Party Interaction

Your dealings with online merchants or other third parties via our Site or Service, including third party websites accessed via links on our Site, are solely between you and that third party. As such, when you engage in a transaction with a third party or access a third party's website, you do so under their terms and policies, not ours. Complaints, questions and claims related to transactions with any third party should be directed to that third party.

WE MAKE NO WARRANTIES REGARDING AND SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU (WHETHER IN CONTRACT, TORT OR OTHERWISE) FOR YOUR USE OF, THE QUALITY OR LATE DELIVERY OF THE GOODS OR SERVICES FROM ANY THIRD PARTY OR FOR HONORING (OR TO CAUSE ANY MERCHANT TO HONOR) ANY ERRONEOUS INFORMATION REGARDING THE PRICE, DESCRIPTION AND AVAILABILITY OF, OR ANY DISCOUNTS, OFFERS, PROMOTIONS AND COUPONS RELATING TO ANY PRODUCT OR SERVICE OFFERINGS PROMOTED OR AVAILABLE THROUGH OUR SITE OR SERVICE.

Certain information and content available on the Site may be provided by third parties (”Third Party Content”). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Without the consent of the applicable third party licensor, you shall only have the right to display the Third Party Content on your personal computer and to view such content for your personal use.

In your use of the Site, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or members or sponsors showing their goods and/or services on the Site. Unless otherwise stated in the CDS. terms of sale, any such correspondence, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. Unless otherwise stated, you agree that CDS. has no liability, obligation, or responsibility for any such correspondence, purchase, or promotion between you and any such third party.

Site Links

This Site may be linked to other sites that are not under the control of or maintained by CDS.. You acknowledge that CDS. is providing these links to you only as a convenience, and further agree that CDS. is not responsible for the content or links displayed on such sites.

Password Restricted Areas

Certain areas of the Site may be password restricted to authorized users (”Restricted Areas”). If you are an authorized user of the Restricted Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and account, and agree to notify CDS. if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify CDS. of any unauthorized use of your account or any other breach of security in relation to the Site known to you.

Unauthorized Activities

You represent and warrant that you are of sufficient legal age to use the Site and to enter into the binding legal obligations you may incur as a result of use of the Site. You agree to be financially responsible for any liability you may incur as a result of using the Site, and agree to supervise minors in the use of the Site. You acknowledge that your unauthorized use of any Materials or Third Party Content contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You agree that you are wholly responsible for your actions or the actions of any person using your user name and/or password. As such, you agree to indemnify and hold CDS., its affiliates, agents, co-branders, and partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred by CDS. in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password violates any applicable law or regulation or the rights of any third party.

Disclaimer

CDS. does not represent, warrant or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from this Web site (the “Service”), nor the quality of any products, services, information or other materials displayed, purchased or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service (the “Products”). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk.

All of the data on products and services, including but not limited to, the prices and the availability of any service, product or product feature, should be verified with the company supplying the product or service and is subject to change without notice by the manufacturers and/or service providers. CDS. reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Service or the Materials. CDS. intends to update information listed on the site where appropriate, but shall not be liable for any inaccuracies, delays or failures to do so and will not notify users when information has been updated.

THE SERVICE AND THE MATERIALS ARE PROVIDED BY CDS. ON AN “AS IS” BASIS, AND CDS. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY MATERIALS AND PRODUCTS. IN NO EVENT SHALL CDS. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE, THE MATERIALS AND THE PRODUCTS.

CDS. encourages you to exercise discretion while browsing the Internet using this directory. CDS. makes no representations concerning any Endeavour to review the content of sites listed in any of the Materials. CDS. is not responsible for the accuracy, copyright compliance or legality of material contained in sites listed in the directory or in the Materials.

Content on the CDS. site is intended for the personal, non-commercial use of consumers using the site. It may not be reproduced, redistributed, retransmitted or otherwise disseminated without the express written permission of CDS.

CDS. makes every effort to ensure the information presented on its Web site is accurate. However, if an error is found, CDS. is not responsible for the results, or any loss or damage, that may occur from such a mistake.

Because CDS. publishes information provided by schools, and retailers, CDS. has no control over the accuracy of such information and makes no guarantee as to such information, including as to the accuracy, currency, content or quality of any such information.

Local Laws, Export Laws

CDS. controls and operates this Site from its headquarters in Canada and makes no representation that the Materials and/or Third Party Content are appropriate or will be available for use in other locations. If you use this Site from outside of Canada, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials and the Third Party Content.

You acknowledge and agree that the Materials and the Third Party Content are subject to Canadian Export Laws and Regulations, and that diversion of the Materials or the Third Party Content contrary to Canadian law is prohibited. You agree to comply strictly with all Canadian export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Reviews & User Contributed Content

You shall retain all of your ownership rights in and to any reviews, ratings or other content that you submit to CDS. through this Site (collectively, “Submissions”). However, by submitting, you are also granting to CDS. a non-exclusive, royalty-free, worldwide license to use, display, reproduce, sublicense, transfer, modify and publish all or any portion of such Submissions in connection with the Site. CDS. shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed by CDS. or as otherwise required by applicable law. Nothing herein contained shall be construed as limiting cell phone etc’s responsibilities and obligations under its Privacy Policy.

General

CDS. does not actively monitor your use of the Site. However, in its efforts to promote good citizenship within the Internet community, if CDS. becomes aware of inappropriate use of the Site or any CDS. service, CDS. will respond in any way that, in our sole discretion, we deem appropriate. You acknowledge that CDS. will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, CDS. will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

If you violate these Terms, CDS. reserves the right to terminate service to you without notice. The preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action. However, flagrant violations of these Terms, as determined by CDS. in its sole discretion, will result in immediate termination of service. You understand that CDS. has the right to terminate any account for any reason that CDS. interprets as an abuse of the account.

You agree that CDS. and its licensors may make improvements and/or changes in the products, services, and programs described in this Site at any time without notice, and further agree that CDS. can revise these Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such modifications have been made constitutes your acceptance of such revised Terms.

Any action related to these Terms will be governed by Canadian federal law.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of CDS. to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CDS. in writing. The Terms comprise the entire agreement between you and CDS. and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

By using the site you confirm that you have read and understand the Terms of Use, that you are at least 18 years of age, and that you agree to be bound by the Online Terms of Use as provided, and that CDS. may update from time to time.

DISCLAIMER OF WARRANTIES

TO THE FULL EXTENT PERMITTED BY LAW, CDS'S SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES ARE PROVIDED BY CDS ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ARE NOT WARRANTED TO BE, AMONG OTHER THINGS, FREE OF COMPUTER VIRUSUS. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITE AND SERVICE IS AT YOUR OWN RISK. CDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF ITS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON ITS SITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ITS SERVICES.

Certain state and Provincial laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights.

INDEMNIFICATION

You agree to indemnify and hold harmless CDS and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (i) your access to or use of our Site or Service; (ii) your User Content; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder

GOVERNING LAW

These Terms of Use shall be construed in accordance with the laws of the Province of Ontario, Canada without regard to its conflict of laws rules

AMENDMENT; ADDITIONAL TERMS

We are constantly updating our Site and Services to provide better options and features, or for other reasons. In certain instances it may be necessary to update or modify our Terms of Use to reflect these and other changes (e.g., to reflect updates to our practices and policies). We also may, in some instances, need to provide you with operating rules or additional terms that govern your use of parts of our Site or any Service ("Additional Terms"). Accordingly, you agree that we may at any time provide you with Additional Terms, or update or modify these Terms of Use, as appropriate or necessary. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will control.

 

Modifications to these Terms of Use or any Additional Terms will be effective upon: (a) notice, either by posting on our Site or by email notification; and (b) your subsequent use of our Site or Service. It is your responsibility to review the Terms of Use and the Site from time to time for any changes or Additional Terms. Your access and continued use of our Site or Service following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any revision to the Terms of Use or to any Additional Terms, immediately discontinue use of our Site and Service and, if applicable, terminate your account.

 

OTHER TERMS

Where we have provided you with a translation of the English language version of these Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference), you agree that the translation is provided for your convenience only and that the English version of these Terms of Use governs your relationship with us. The English language version takes precedence if there is any contradiction between the English and translated versions.

No waiver by either of us of any breach or default under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms of Use are for convenience only and shall not be given any legal import.

Except where specifically stated otherwise, if any part of these Terms of Use are deemed unlawful or unenforceable for any reason, we both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected and shall remain in force and effect.

You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.

These Terms of Use (including the Privacy Policy and any Additional Terms incorporated by reference) constitute the entire agreement, and supersede all previous written or oral agreements, between you and CDS in connection with the Site and Service.

 

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