Last updated: January 21st, 2025
Student Contract & Software Agreement
This contract is a legal agreement between you (STUDENT) and the Texas Defensive Driving School (TXDDS). Gary and Randy Hensley are the owner operators, and are the licensed instructors for this course.
COURSE TUITION
A registration fee in the amount of $25.00 will be charged to the STUDENT. This fee includes all required instructional materials and needs to be paid prior to beginning the course. This fee includes mailing student certificates via the USPS. Students, however, may elect to have express shipping for an additional charge.
COURSE SCHEDULE
Texas Defensive Driving School, hereafter referred to as the TXDDS, offers a course composed of six chapters, including five hours of instruction and one hour of mandatory breaks. The STUDENT cannot by TEA requirement, finish the course in under six clock hours. The course will be available to the STUDENT 24 hours a day, 7 days a week, and can be accessed from any Internet connected computer. However, this availability to the course may be affected by circumstances such as, but not limited to: system, site or connectivity failure over which the TXDDS has no control.
COMPLETION AND CERTIFICATION POLICY
The STUDENT agrees to complete all phases of the approved curriculum. Once a student successfully completes the course, a certificate of completion will be mailed via the USPS to the STUDENT. Students, however, may elect to have express shipping for an additional charge.Out of state students who do not have a Texas drivers license will be required to provide a notary affidavit in order to receive a certificate of completion. The TXDDS will not issue a certificate until the notary affidavit has been completed and faxed to the TDDS. In addition, the TXDDS will not issue a certificate of completion to any STUDENT that has not met all the TEA requirements for course completion.
GRADING AND PROGRESS POLICY
The STUDENT will take an exam at the end of each chapter to ensure that the student has mastered the curriculum found in that chapter. If the student fails that exam, they will be given a second and if necessary, third exam to master the chapter material. If the STUDENT fails a chapter exam three times, by TEA requirement, that student will be locked out of the course. The STUDENT may elect to enroll in the course again at no charge, but must begin the course from the beginning. The STUDENT must also take six multimedia quizzes throughout the course that must be passed in order to continue with the course. By TEA requirement, the STUDENT will retake multimedia quizzes until the STUDENT passes and then may continue with the course. In addition, the STUDENT must correctly answer 7 out of 10 personal validation questions given throughout the course. If the STUDENT misses more than 3 out of 10 personal validation questions, by TEA requirement, the STUDENT must be excluded from the course. The STUDENT may elect to enroll in the course again at no charge, but must begin the course from the beginning.
CANCELLATION AND REFUND POLICIES
A full refund will be made to any student who cancels the enrollment contract within 30 days of registering for the course and prior to completing the course. TXDDS will terminate, without notice, the enrollment of any student who has not successfully completed the course within 90 days. All refunds will be issued within 30 days following receipt of a permissible request for cancellation.
PRIVACY STATEMENT
The TXDDS will not use or sell this information to promote products or services unrelated to this traffic safety course or in ways different from what is disclosed in the Privacy Statement
LIMITATION OF LIABILITY
The STUDENT acknowledges and agrees that the liability of TXDDS and their agents and employees for any act, omission to act, or negligence on the part of TXDDS and their agents and employees, is strictly limited to and shall not exceed the amount of the registration fee actually paid by the STUDENT.
The STUDENT understands that for course validation purposes, the TXDDS will access the Department of Public Safety database in order to extract drivers license information to be used for the TEA required personal validation questions. The STUDENT authorizes the TXDDS to access this information under the condition that it be used for the exclusive purpose of student validation.
This agreement constitutes the entire contract between the TXDDS and the STUDENT, and any oral assurances or promises not contained herein shall not bind the TXDDS or the STUDENT. If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, the remaining terms and conditions shall nevertheless be of full force and effect. STUDENT further acknowledges that any grievances not resolved by the TXDDS may be forwarded to the Texas Education Agency, 1701 North Congress Avenue, Austin, Texas, 78701, (512) 936-6777.
SOFTWARE AGREEMENT
***IMPORTANT***PLEASE READ THIS SOFTWARE AGREEMENT CAREFULLY BEFORE USING TEXAS DEFENSIVE DRIVING SCHOOL. BY USING THE TEXAS DEFENSIVE DRIVING SCHOOL E-LEARNING PROGRAM, YOU ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THIS SOFTWARE AGREEMENT. TERMS AND CONDITIONS This Software License Agreement ("Agreement") is made and effective, 2009, by and between TEXAS DEFENSIVE DRIVING SCHOOL ("Licensor") and University and/or Student ("Licensee"). Licensor has developed and licenses to users its software program marketed under the name TEXAS DEFENSIVE DRIVING SCHOOL (the "Software"). Licensee desires to utilize a copy of the Software.
1. LICENSE
Licensor grants the Licensee a personal, nontransferable, nonexclusive license to use the TEXAS DEFENSIVE DRIVING SCHOOL e-learning software for the terms of this Agreement. The Lessee may use the TEXAS DEFENSIVE DRIVING SCHOOL e-learning Software solely for education purposes only. It may not be used for re-production unless agreed by Licensor. Additional license fees may apply.
2. RESTRICTIONS
Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or any right in the Software to anyone else without the prior written consent of Licensor.
3. TITLE
All of the TEXAS DEFENSIVE DRIVING SCHOOL e-learning Software shall remain personal property and the title thereto shall remain with Licensor at all times. The TEXAS DEFENSIVE DRIVING SCHOOL e-learning Software is and shall at all times be and remain the sole and exclusive property of Licensor and the Licensee shall have no right, title or interest therein or thereto except as to the use thereof subject to the terms and conditions of this Agreement. The Licensee shall keep the TEXAS DEFENSIVE DRIVING SCHOOL e-learning Software free from any and all judgments, liens and encumbrances. The Licensee shall give Licensor immediate notice of an attachment or other judicial process, lien or encumbrance affecting the Software and shall indemnify and save Licensor harmless of and from any loss or damage caused thereby.
4. PLACE OF USE
Licensee shall keep the Software at its place of business. Licensee covenants and agrees not to allow the use of the TEXAS DEFENSIVE DRIVING SCHOOL e-learning Software by other businesses, entities or individuals and that said Software shall be used only on the work stations authorized by this Agreement. Licensee further covenants and agrees not to copy, rent, sublease, license, transfer, donate, commercially exploit, reverse engineer, decompile, disassemble (or allow the same to occur) the Software, or any part thereof.
5. LICENSE USAGE FEE & HOSTING CHARGES In consideration for hosting of the license product, access and usage charges for the software will apply. No additional hosting costs need not apply.
6. WARRANTY OF TITLE Licensor hereby represents and warrants to Licensee that Licensor is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event of any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require Licensor or to either: i) procure, at Licensor's expense, the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or iii) refund to Licensee the full amount of the license fee upon the return of the Software and all copies thereof to Licensor.
7. WARRANTY OF FUNCTIONALITY
A. For a period of six and/or twelve (6-12) months following delivery of the Software to Licensee (the "Warranty Period"), Licensor warrants that the Software shall perform in all material respects according to the Licensor's specifications concerning the Software when used with the appropriate computer equipment. In the event of any breach or alleged breach of this warranty, Licensee shall promptly notify Licensor and return the Software to Licensor at Licensee's expense. Licensee's sole remedy shall be that Licensor shall correct the Software so that it operates according to the warranty. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by Licensor.
B. In the event of any defect in the media upon which the Software is provided arising within thirty (30) days of the date of delivery of the Software, upon return to Licensor of the Software upon the original media, Licensor shall provide Licensee a new copy of the Software.
8. SOFTWARE MAINTENANCE|
A. Standard maintenance. During the Warranty Period, Licensor shall provide to Licensee any new, corrected or enhanced version of the Software as created by Licensor. Such enhancement shall include all modifications to the Software which increase the speed, efficiency or ease of use of the Software, or add additional capabilities or functionality to the Software, but shall not include any substantially new or rewritten version of the Software.
B. OPTIONAL MANINTENANCE
After expiration of the Warranty Period, Licensee may continue to receive maintenance support for successive twelve (12) month periods. The charge for such optional maintenance support shall be Licensor's regular list price for maintenance and support for the Software as published from time to time by Licensor. Licensee shall notify Licensor in writing if it desires to receive optional maintenance. If Licensee fails to take optional maintenance and later elects to receive it, Licensor reserves the right to charge Licensee its maintenance fees for the period of the lapse in maintenance. Licensee may elect to discontinue maintenance at any time upon notice to Licensor, and refund of any then unearned maintenance fees.
9. PAYMENT Payment of the license fee shall be made upon delivery of the Software. Payment of any other amount owed by Licensee to Licensor pursuant to this Agreement shall be paid within thirty (30) days following invoice from Licensor. In the event any overdue amount owed by Licensee is not paid following ten (10) days written notice from Licensor, then in addition to any other amount due, Licensor may impose Licensee shall pay a late payment charge at the rate of one percent (1%) per month on any overdue amount.
10. TAXES In addition to all other amounts due hereunder, Licensee shall also pay to Licensor, or reimburse Licensor as appropriate, all amounts due for property tax on the Software and for sales, use, excise taxes or other taxes which are measured directly by payments made by Licensee to Licensor. In no event shall Licensee be obligated to pay any tax paid on the income of Licensor or paid for Developer's privilege of doing business.
11. WARRANTY OF TITLE Licensor hereby represents and warrants to Licensee that Licensor is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event of any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require Licensor or to either: i) procure, at Licensor's expense, the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or iii) refund to Licensee the full amount of the license fee upon the return of the Software and all copies thereof to Licensor.
12. LIMITED WARRANTY
Licensee makes no warranties (express, implied or statutory) with respect to the Software and the accompanying written materials including, but not limited to, any implied warranties or fitness for a particular purpose. In no event will Licensor be liable to Licensee for any direct or indirect damages including loss of profits, lost savings, loss of data, or other special incidental consequential damages arising out of Licensee's use of or inability to use the TEXAS DEFENSIVE DRIVING SCHOOL e-learning Software.
13. NO IMPLIED LICENSE
Except as otherwise expressly stated, nothing in this Agreement shall be construed to grant either party any license, by implication, or otherwise, to any intellectual property of the other, including trademarks, copyrights, patents, or trade secrets.
14. CONFIDENTIALITY
During the course of this Agreement, either party may have or may be provided access to the other's proprietary items or confidential information ("Confidential Information"). Each party agrees to maintain the confidentiality of the other's Confidential Information in accordance with this provision and any separate nondisclosure agreement that expressly references the disclosure(s) between Licensor and Licensee. At a minimum, each party agrees that it shall not make the other's Confidential Information available to any third party without the written consent of the other and that title and ownership of the Confidential Information provided by one party to the other shall remain the exclusive property of that party who has the right to possess the Confidential Information.
15. NOTICE
/span>Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight mail services.
| Licensor: | Licensee: |
| TEXAS DEFENSIVE DRIVING SCHOOL 3114 Sherwood Way San Angelo, TX 76901 | Company who is entering into the contract Contact Name Contact Address Contact Phone, Email address |
16. NO OTHER AGREEMENTS
This instrument contains the entire agreement between the parties here. That respect to the subject matter contained herein. There are no other agreements, written or unwritten, that shall bind the parties.
17. NO ASSIGNEMNT
Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior expressed written approval of Developer.
18. FINAL AGREEMENT
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.
19. SEVERABILITY
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
20. HEADINGS
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
IN WITNESS WHEREOF,Licensor and Licensee have executed this Software License Agreement on the day and year first above written.
TEXAS DEFENSIVE DRIVING SCHOOL is not responsible for passing any tests.
DISCLAIMER:
This study tool is intended for the education of students of computer technology. This tool contains information relating to general principals of hardware, software, and other computer technology which should not be construed as specific information for individual clients. Computer Mentors and TEXAS DEFENSIVE DRIVING SCHOOL are not responsible (as a matter of product liability, negligence, or otherwise) for any injury resulting from any person acting or refraining from acting as a result of reliance on the material contained in this study tool.TEXAS DEFENSIVE DRIVING SCHOOL, its licensors, and suppliers disclaim all warranties, either expressed or implied, statutory or otherwise, with respect to any product or information found on this website, including but not limited to the implied warranties of merchantability, non-infringement of third parties' intellectual property or other rights, and fitness for particular purpose.