Terms of Service
driverlms.com TERMS OF SERVICE
driverlms.com is a website built and maintained by Tall Oak Learning, LLC, a driver training solutions compliance tools provider. Tall Oak Learning, LLC provides access to tools, services, and educational material that concern Commercial Driver Safety and Training.
1. ACCEPTANCE OF TERMS
driverlms.com ("DLMS") makes this site and all associated site materials available for your access and use subject to your compliance with these Terms of Service ("TOS"). "Site materials" means all information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, videos, webcasts, cbt's, tools, resources, products, or other content made available or enabled via this site by DLMS or any third party.
By accessing or using this site in any manner, including using any services or downloading materials, you agree to and are bound by this TOS. Please read it carefully. Do not use or access the site if you do not agree to this TOS.
2. PERMISSION TO USE THE SITE
The site may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts; and (b) comply with this TOS and all applicable laws. DLMS may in its discretion refuse permission to access and use the site.
3. THIRD PARTY LINKS
You may find links to third party sites or resources on this site. You acknowledge and agree that DLMS is not responsible for the availability of such third party sites or resources, and does not endorse and is not responsible or liable for any damages resulting from use or transactions related to such sites or resources.
4. OWNERSHIP AND PERMITTED USES
The site, and all content and other elements available on or through the site, are the property of DLMS and/or its content providers, and are protected by the laws of the United States and other countries, including their copyright and trademark laws. Your use of the site does not transfer to you any ownership or other rights in the site or its content. The site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, cataloged, mirrored or distributed in any way, in whole or in part, without the express prior written consent of DLMS.
5. TRADEMARK INFORMATION
driverlms.com, the driverlms.com Logo, and other marks and logos associated with driverlms.com products and services ("DLMS Marks") appearing on the site are trademarks, trade names and service marks owned by DLMS. You agree not to use any DLMS Marks without the prior written consent of DLMS.
6. REGISTRATION DATA
You agree to provide true, accurate, current complete information about yourself as prompted by the site's registration form (the "Registration Data"). If you fail to do so, DLMS has the right to suspend or terminate your account and refuse any and all current or future use of the DLMS site or any DLMS service.
8. COPYRIGHT INFRINGEMENT NOTICES
DLMS respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on an DLMS site in a way that constitutes copyright infringement, please send a written notice to our Copyright Agent that includes:
• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located, such as the URL where it is posted;
• Your name, address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
• 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 are authorized to act on the copyright owner's behalf.
DLMS's Copyright Agent for notice of claims of copyright infringement can be reached by mail at: Tall Oak Learning, LLC 1701 Directors Blvd, Austin, Tx. 78744
Please note: In order to be effective, your notice must be in writing. This contact information is provided under notice requirements of the Digital Millennium Copyright Act and is solely for reporting copyright infringement.
You agree to indemnify and hold DLMS and its officers, directors, affiliates, subsidiaries, partners, agents, licensors, licensees, suppliers, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this TOS, or your violation of any rights of any third party based on or related to your use of the site.
10. MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
DLMS reserves the right at any time to modify, suspend or terminate the site (or any portion of it), and/or your use of or access to, with or without notice. DLMS will not be liable to you or any third-party for any modification, suspension, or termination of the site. DLMS may amend this TOS at any time by posting the amended terms on this site, without notice to you. Your use of the site after such posting will constitute consent to the modified TOS. The current version of this TOS will always be available on this page.
11. WARRANTY DISCLAIMER
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. DLMS DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DLMS MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
DLMS MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM DLMS , WHETHER OBTAINED THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS TOS.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.
12. LIABILITY LIMITATION
TO THE FULL EXTENT PERMITTED BY LAW, THE STATE BAR IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF DLMS HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR RELY UPON.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
13. GENERAL PROVISIONS
This TOS constitutes the entire agreement between you and DLMS relating to its subject matter, and supersedes all prior versions of this TOS. You also may be subject to additional terms and conditions that may apply when you use DLMS products or services, or those of any third party.
Colorado law and controlling U.S. federal law govern this TOS, any action related to this TOS, and/or your use of the site. No choice of law rules of any jurisdiction will apply to any dispute under this TOS. You and DLMS agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Adams, Colorado, U.S.A.
No failure to exercise promptly any right under this TOS will create a continuing waiver or any expectation of non-enforcement. If any provision of this TOS is held to be invalid by a court of competent jurisdiction, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOS will remain in full force and effect.
You expressly understand and agree that any dispute, claim or controversy between you and DLMS arising out of or in connection with this TOS, or your use of the site, must be brought no later than one (1) year from the date the alleged claim occurred or arose.
14. ACCESS TO PASSWORD PROTECTED/SECURE AREAS.
Access to and use of password protected and/or secure areas of the DLMS Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Customer is entirely responsible for maintaining the confidentiality of any login or password used to access secure areas of this Site. Customer is solely and entirely responsible for any and all purchases or other activities that occur on this Site under its login account, including any losses incurred by DLMS or another party due to someone else using Customer's account or password. Customer further agrees to notify DLMS immediately of any unauthorized use of its account or if it discovers any other breach of security. DLMS will not be liable for any loss that Customer may incur, including any that may occur as a result of someone else using Customer's account or password, whether such use occurs with or without Customer's knowledge.