teenSMART

END USER LICENSE AGREEMENT,
WARRANTY STATEMENT, TERMS OF USE, AND PRIVACY POLICY

 

THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE EFFECTIVE AS OF February 20,2012.

 

NOTICE TO ALL PERSONS AND ENTITIES WHO WILL PURCHASE THE "teenSMART MATERIALS" (DEFINED BELOW), INCLUDING, WITHOUT LIMITATION, THE PARENT(S) OR GUARDIAN(S) OF ANY PERSONS WHO ARE UNDER EIGHTEEN (18) YEARS OF AGE (INDIVIDUALLY AND COLLECTIVELY "USER", "YOU" OR "YOUR"):

 

PLEASE CAREFULLY READ THE FOLLOWING teenSMART END USER LICENSE AGREEMENT, WARRANTY STATEMENT, TERMS OF USE AND PRIVACY POLICY (COLLECTIVELY, IN WHOLE AND IN PART, THE "AGREEMENT").  BY PURCHASING THE teenSMART MATERIALS, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT WITH ADVANCED DRIVERS EDUCATION PRODUCTS AND TRAINING, INC., a Delaware corporation (SOMETIMES REFERRED TO HEREIN AS "ADEPT", "WE", "US" OR "OUR") RELATING TO ANY AND ALL USES YOU MAKE OF THE ADEPT WEBSITE (www.adeptdriver.com) (THE "SITE"), THE teenSMART SOFTWARE PROVIDED WITH A COPY OF THIS AGREEMENT (THE "SOFTWARE") AND ANY AND ALL OTHER MATERIALS PROVIDED WITH OR ACCOMPANYING IT, INCLUDING, WITHOUT LIMITATION, DVD-ROM DISCS, WORKBOOKS AND OTHER PRINTED OR ELECTRONIC MATERIALS (INDIVIDUALLY AND COLLECTIVELY, IN WHOLE OR IN PART THE “teenSMART MATERIALS"). THIS AGREEMENT IS AS LEGALLY BINDING AS IF IT WAS IN A WRITTEN FORM THAT YOU SIGNED. WITHOUT LIMITATION, THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITIES AND AN EXCLUSIVE REMEDY, WHICH FORM ESSENTIAL PORTIONS OF THIS AGREEMENT. CLICKING ON THE "I ACCEPT THE AGREEMENT" BUTTON AT THE END OF THE AGREEMENT, OR BY USING ANY OF THE teenSMART MATERIALS, OR BY RETAINING ANY OF THE teenSMART MATERIALS FOR MORE THAN 30 DAYS AFTER THE EARLIEST DAY YOU RECEIVE ANY OF THE teenSMART MATERIALS, CONSTITUTES YOUR UNEQUIVOCAL ACCEPTANCE OF THIS ENTIRE AGREEMENT. IF YOU DO NOT AGREE TO ANY PORTION OF THIS AGREEMENT, YOU SHOULD CLICK ON THE "I DO NOT ACCEPT THE AGREEMENT" BUTTON AT THE END OF THE AGREEMENT, EJECT THE SOFTWARE DISC IF LOADED IN ANY COMPUTER OR SIMILAR DEVICE(S), UNINSTALL AND EFFECTIVELY PURGE ALL OF THE SOFTWARE AND ITS COMPONENTS AND PROMPTLY RETURN THE SOFTWARE AND ALL OF THE OTHER teenSMART MATERIALS (INCLUDING CONTAINERS) TO THE LOCATION WHERE YOU OBTAINED THEM FOR A FULL REFUND, SUBJECT TO APPLICABLE TERMS AND CONDITIONS. 

 

THIS AGREEMENT IS NOT INTENDED TO BE ACCEPTED BY PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS UNLESS THEY HAVE THE CONSENT OF THEIR PARENT OR GUARDIAN.  IF WE OBTAIN ACTUAL KNOWLEDGE THAT YOU ARE UNDER EIGHTEEN (18) YEARS OF AGE AND DO NOT HAVE CONSENT OF YOUR PARENT OR GUARDIAN, WE WILL TAKE STEPS TO REMOVE YOUR CUSTOMER INFORMATION, INITIAL INFORMATION AND/OR PARTICIPANT DATA PERMANENTLY FROM OUR DATABASES (AS THOSE TERMS ARE DEFINED BELOW).  BY CLICKING ON THE "I ACCEPT THE AGREEMENT" BUTTON AT THE END OF THE AGREEMENT, YOU REPRESENT AND WARRANT THAT YOU ARE EITHER EIGHTEEN (18) YEARS OF AGE OR OLDER, OR IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) THAT YOU HAVE THE CONSENT OF YOUR PARENT OR GUARDIAN.

ADEPT RESERVES THE RIGHT AT ALL TIMES TO DISCONTINUE, TO UPDATE OR TO

MODIFY ANY OR ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

YOUR USE OF THE SITES AND/OR SOFTWARE AND/OR teenSMART MATERIALS WILL

CONSTITUTE CONSENT TO THE TERMS AND CONDITIONS OF THE AGREEMENT IN

EFFECT AT THE TIME OF USE. ADEPT WILL PROVIDE NOTICE OF ANY MATERIAL

(AS DETERMINED BY ADEPT IN ITS SOLE AND EXCLUSIVE DISCRETION) CHANGES

TO THIS AGREEMENT TO YOU EITHER AS AN UPDATE TO THE SOFTWARE,  OR THROUGH THE REGISTRATION FORM OR ON YOUR PACKING SLIPS, OR ON YOUR SHIPPING CONFIRMATION EMAILS. NOTICE OF SUBSTANTIAL OR MATERIAL

CHANGES TO THESE TERMS AND CONDITIONS (AS DETERMINED BY ADEPT IN ITS

SOLE AND EXCLUSIVE DISCRETION) WILL ALSO BE PROVIDED BY PLACEMENT OF

A PROMINENT NOTICE ON THE SITES. ANY AND ALL SUCH MATERIAL CHANGES

WILL BE EFFECTIVE UPON THE EARLIER OF THE DISPATCH OF AN EMAIL NOTICE

TO YOU OR OUR POSTING OF NOTICE OF THE CHANGES ON THE SITES.

CONTINUED USE OF THE SITES FOLLOWING NOTICE OF ANY SUCH CHANGES SHALL

INDICATE YOUR ACKNOWLEDGEMENT OF SUCH CHANGES AND AGREEMENT TO BE

BOUND BY THE TERMS AND CONDITIONS OF SUCH CHANGES. YOU ARE

ENCOURAGED TO REVIEW THIS AGREEMENT FROM TIME TO TIME SO THAT YOU ARE

FAMILIAR WITH THE THEN-APPLICABLE TERMS AND CONDITIONS.

1.  LICENSE GRANT.  Subject to the terms and conditions of this Agreement, ADEPT grants to you, whether you are an individual or entity, a limited, personal, non-transferable, and non-exclusive right and license to use the object code form of the Software provided with this Agreement and the other teenSMART Materials solely for your personal, non-commercial use. You may install the Software and other teenSMART Materials on a maximum of five (5) computers or devices.  The term of this Agreement will be from the date you purchased the teenSMART  Materials and shall continue uninterrupted for so long as ADEPT has any right, title and/or interest of any kind or nature now or later contemplated (the phrase "of any kind or nature now or later contemplated" is referred to in this Agreement as "AKN"), in and to any of the teenSMART Materials, including without limitation, the duration of copyright therein and thereto, and further including without limitation, any and all extensions and renewals thereof throughout the universe. Notwithstanding the foregoing, your license rights hereunder will terminate immediately without notice from ADEPT if you fail to comply with any term or provision of this Agreement.  Upon such termination, you agree to destroy all teenSMART Materials and copies thereof in your possession or control.  You agree you will not copy or duplicate the Software or other teenSMART Materials, in whole or in part, except as necessary to install the Software or other teenSMART Materials on a maximum of five (5) computers or devices.  Except as set forth in the preceding sentence, you agree that you will not copy or duplicate any of the Software or other teenSMART Materials. You shall not modify, distribute, transmit, display, publicly perform, reproduce, publish, license, frame, create derivative works from, duplicate, rent, lease, broadcast, exhibit or otherwise use in whole or in part the Software or other teenSMART Materials, unless expressly permitted herein.

 

2.  FBI WARNING. Federal law provides severe civil and criminal penalties for the unauthorized reproduction or distribution of copyrighted works of every kind and nature now or later contemplated (the phrase "of every kind and nature now or later contemplated" is referred to in this Agreement as "EKN"), including without limitation, the teenSMART Materials.  Criminal copyright infringement, including without limitation, of the teenSMART Materials and infringement without monetary gain, is investigated by the FBI and may constitute a felony with a maximum penalty of up to five years in prison and/or a $250,000.00 fine.

 

3.  COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS.  You agree that no rights, titles and/or interests AKN in or to the intellectual property in the teenSMART Materials, including without limitation, copyrights, trade secrets, trademarks, patents or goodwill is assigned or transferred to you by your use of the teenSMART Materials or otherwise and that the Software and other teenSMART Materials are and will remain the exclusive property of ADEPT and you will not acquire any right, title and/or interest AKN in or to the Software or other teenSMART Materials except as expressly set forth herein. You agree that any copies of the Software will contain the same proprietary notices which appear on and in the Software. Permission must be obtained from ADEPT prior to any reproduction, storage in a retrieval system, or transmission in any form or by any means AKN including without limitation, electronic, mechanical, photocopying, recording or likewise. Moreover, as between you and ADEPT, ADEPT is from inception and shall irrevocably remain in perpetuity throughout the universe, the sole and exclusive owner and author of any and all rights, titles and interests EKN in and to the Software and teenSMART Materials including, without limitation, any and all intellectual property EKN, any and all changes, repairs, updates, alterations, revisions, derivatives, reproductions, modifications and additions thereof and thereto, all in whole and in part. You acknowledge and agree that "ADEPT Driver", “teenSMART” and all trademarks, service marks, trade names and trade dress (individually and collectively "Trademark(s)") which appear in or on the Software or teenSMART Materials are Trademarks of ADEPT, except as otherwise specifically noted in connection therewith. You may not use any Trademarks for any purpose not expressly provided for in this Agreement.

 

4.  REVERSE ENGINEERING.  You agree that you will not, you will not attempt to, and you will not knowingly allow any person to actually or attempt to reverse-engineer, translate, disassemble, circumvent, frame, model, mirror or modify the Software.

 

5.  DISCLAIMER OF EXPRESSED AND IMPLIED WARRANTIES. ADEPT believes that PERSONS WHO ARE LICENSED DRIVERS AND/OR WHO ARE PERMITTED TO DRIVE IN COMPLIANCE WITH ALL APPLICABLE LAWS who learn, practice and incorporate the concepts of the teenSMARTMaterials will reduce their risk of being involved in car accidents. However, all drivers operate vehicles at their own risk. ADEPT does not warrant, expressly or implicitly and expressly disclaims any and all warranties AKN that the teenSMARTMaterials will prevent any person, including without limitation, any YOUNG person using the teenSMARTMaterials, from being in any car accidents.  The teenSMARTMaterials are also not a substitute for driver's education courses, classes or similar training.  Except as expressly set forth herein, the teenSMARTMaterials are being provided and you are accepting the teenSMARTMaterials “AS IS” and any and all risks AKN as to the results, effects, quality and performance of the teenSMARTMaterials are solely assumed and accepted by you.

 

MOREOVER, EXCEPT FOR THE LIMITED WARRANTY IN SECTION 6 BELOW, WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, CLAIMS AND GUARANTEES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, USE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE, NON-INFRINGEMENT, OF ERROR-FREE OR UNINTERRUPTED SERVICES, FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZED SETTINGS, THE ACCURACY, COMPLETENESS, LEGALITY, SAFETY, OR USEFULNESS OF ANY INFORMATION OR DATA COMPRISING THE teenSMART MATERIALS OR THAT THE teenSMART MATERIALS WILL MEET ALL OR PART OF YOUR NEEDS OR EXPECTATIONS, FURTHER INCLUDING WITHOUT LIMITATION, THAT THE teenSMART MATERIALS WILL GUARANTEE YOUR ELIGIBILITY FOR ANY INSURANCE DISCOUNTS OR REBATES OF ANY KIND.  YOU SHOULD CHECK DIRECTLY WITH ANY ORGANIZATION, INCLUDING YOUR INSURANCE COMPANY OR AGENT FOR THEIR SPECIFIC TERMS, CONDITIONS, AVAILABILITY OF AND POLICIES REGARDING SAME. 

 

WE ALSO DO NOT WARRANT, GUARANTY, OR MAKE ANY REPRESENTATIONS AKN, EXPRESS OR IMPLIED, OR ASSUME ANY LIABILITY TO YOU, INCLUDING, WITHOUT LIMITATION, REGARDING (I) SYSTEM PERFORMANCE AND EFFECTS ON OR DAMAGES TO ANY OTHER SOFTWARE AND/OR HARDWARE IN CONNECTION WITH ANY USE OF THE SOFTWARE, (II) ANY COMPUTER CODE OR PROGRAMMING DEVICE THAT MIGHT BE USED TO ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT, DEACTIVATE, REVERSE ENGINEER, DISABLE, DISRUPT, OR IMPEDE IN ANY MANNER THE OPERATION OF THE SOFTWARE.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THEIR FULLEST EXTENT.

 

6.  LIMITED WARRANTY.  ADEPT warrants that the Software will perform substantially in accordance with the accompanying documentation and that the teenSMART Materials are free from any physical defects for a period of thirty (30) days from the date of purchase ("Limited Warranty"). THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, alteration, misapplication or any other act or omission prohibited by this Agreement or if you have purchased or used the Software and/or teenSMART MATERIALS in violation of this Agreement.  Any replacement Software provided will be warranted for the remainder of the original warranty period.

  

7.  PARTNER, THIRD PARTY LINKS.  The Site contain links to ADEPT’s trusted business partners' ("Partner(s)") websites ("Third Party Websites").  You agree that ADEPT is not responsible for any aspect of any Third Party Websites, cannot and does not control Third Party Websites and is not responsible for any content available on or through Third Party Websites, the Third Party Websites themselves, or the privacy policies, terms of use, practices or agreements on or of Third Party Websites.  When linking to Third Party Websites, you should read the privacy policy, terms of use and agreements on Third Party Websites, if available, as you may be subject to and bound by them.  This Agreement only governs the teenSMART Materials and any other matters provided for herein.

 

8.  CUSTOMER REMEDIES.  The entire liability of ADEPT under the Limited Warranty in Section 6 above and your sole and exclusive remedy thereunder shall be, at the option of ADEPT, to (a) correct any error or defect in the teenSMART Materials, (b) help you work around or avoid the error or defect, or (c) authorize return of the teenSMART Materials and a refund, subject to applicable terms and conditions.

 

9.  SEVERABILITY.  In the event of invalidity of any provision of this Agreement, the parties agree that such invalidity shall not affect the validity of the remaining portions of this Agreement.

 

10.  LIMITATION OF LIABILITY.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT SHALL ADEPT OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES AKN ARISING OUT OF THE USE OF THE SOFTWARE AND/OR OTHER teenSMART MATERIALS, EVEN IF ADEPT OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE LIABILITY OF ADEPT OR ITS AFFILIATES FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EXCEED THE PURCHASE PRICE PAID BY YOU OR ON YOUR BEHALF FOR THE teenSMART MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT ADEPT HAS SET ITS teenSMART MATERIALS' PRICING BASED ON THESE LIMITATIONS AND THAT THEY FORM THE BASIS OF THE BARGAIN BETWEEN YOU AND ADEPT. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

11.  PRIVACY POLICY.   ADEPT respects and values your privacy, and covenants to take all commercially reasonable steps to protect and to safeguard the information you choose to provide ADEPT.

 

This Section 11 sets forth ADEPT’s Privacy Policy.  Please read it carefully as it contains important information regarding the information we collect from you via the registration process and on our Site and how we use that information. 

 

By accessing the Site or by using the Software and/or the teenSMART Materials, you agree to the terms and conditions of this Privacy Policy, which is an express and material part of this Agreement.  You represent that your decision to provide Participant Data (as defined below) is based on your informed consent as a result of reading this Privacy Policy.  Your Participant Data will not be used or disclosed for purposes for which you have not given consent.

If you do not agree to our PRIVACY practices as set forth herein, please do not COMPLETE THE REGISTRATION PROCESs OR otherwise interact with the SiteS.

  1. Information Collected.

ADEPT collects certain personal and personally identifiably information when the teenSMART Materials are purchased by phone or from the Site.  Specifically, in the context of such transactions, ADEPT collects the following information:

  1. Name.
  2. Company name and title (optional).
  3. Street address, including city and zip code.
  4. Email address(es).
  5. Phone number(s).
  6. Source key.
  7. Certain credit card information, including the name on, account number and expiration date of the credit card used for the purchase.

The preceding information shall be collectively referred to as the "Customer Information."  You represent that the provision of such Customer Information is on a voluntary basis, incident to the intended and desired purchase of the teenSMART Materials and agree not to take a position to the contrary that the provision of such Customer Information was of your own free will and volition and based upon complete information regarding the collection and use of such Customer Information.

ADEPT also collects certain personal information via the Software when you first install and run the Software, including without limitation:

  1. The user's name.
  2. Date of birth.
  3. Street address, including city and zip code.
  4. Email address.
  5. Phone number.
  6. Gender.
  7. Name of the insurance company with whom the user informs ADEPT that they currently have automobile insurance coverage (“Your Company”).
  8. Insurance Policy number.
  9. Driver License number.
  10. Driver License state.

The immediately preceding information shall be collectively referred to herein as the "Initial Information." 

Additionally, the Software, at various times, allows you to and does itself upload certain ADEPT program information to ADEPT in order to track your progress (the "Program Information").

The Customer Information, Initial Information and Program Information shall be collectively referred to as the "Participant Data." 

All Participant Data shall be used by ADEPT only for the purpose for which it is collected. 

  1. Cookies and Related Technologies.

In addition to the foregoing, when you navigate to the Site we may collect certain information by automated or electronic means, using technologies such as cookies, pixel tags and web beacons, browser analysis tools and web server logs.  For example, we may collect information from the computers and devices you use to access our Site, your operating system type or browser type, domain and other system settings, as well as the language your system uses and the time zone of your computer or device.  Browsers routinely send these types of information to web servers.  Our server logs also record the Internet Protocol (“IP”) addresses of the devices you use to interact with the Site.  An IP address is a unique identifier that computers and devices use to identify and communicate with each other on the Internet.  We may also collect information about the website you were visiting before you came to our Site and the website you visit after you leave our Site, if any, provided that this information is supplied by your browser. 

A cookie is a small amount of data, which often includes an anonymous unique identifier, sent to your browser from a website's computers and/or server(s) and stored on your server(s) and/or your computer's hard drive.  It does not contain personally identifying information.  ADEPT may use its own cookies for a number of purposes, including, without limitation, to conduct research to improve the teenSMART Materials, to recognize you when you return, to track and to target your interests in order to provide a fuller and more customized experience and to detect certain kinds of fraud.  ADEPT may set and access one or more cookies on your computer and/or server(s).

A pixel tag is a tiny image inserted in a webpage and used to record the number and types of use for that page.  ADEPT may allow third party pixel tags to be present via the Software and/or on the Site for purposes of advertising, providing services, goods, or data and statistics collection.  You may be able to program your computer or device to warn you each time a cookie is being sent, or to block some or all cookies.  However, by blocking all cookies you may not have access to certain features in the Software and/or on the Site.

  1. Third Parties & Links to Third Party Site.

This Privacy Statement only addresses the provision of information to ADEPT on the terms and conditions set forth herein through your interaction with our Site and/or use of the teenSMART Materials or Software.  Note that any third party content in the Software and/or on the Site (i.e., content not supplied by ADEPT) may also contain cookies from these third parties ("Third Party Cookies").  ADEPT does not control these Third Party Cookies and you should check the privacy policy, if any, of those third parties to see whether and how they use cookies.  That is, this Privacy Statement does not cover the collection methods or use of the information collected by third parties, and ADEPT is not responsible for cookies or other similar technologies in any third party ads.

Similarly, other websites that may be accessible through links from our Site may have their own privacy statements and personal information collection, use and disclosure practices.  ADEPT cannot and does not assume responsibility for the content, privacy policies or practices of such websites or the companies that own them. Additionally, ADEPT cannot and will not censor or edit the content of any third party site.  You expressly relieve ADEPT from any and all liability arising from your use of any third party website.  Accordingly, ADEPT encourages you to familiarize yourself with the privacy statements provided by these other parties prior to providing them with information.

 

  1.  Duty to Provide Accurate Information.

Although ADEPT does not independently verify the accuracy or correctness of the Initial Information or the Customer Information, you represent and warrant that such information provided is true and correct and that you will not make any knowing or intentional misrepresentations in the provision and/or correction of such information.  Failure to provide accurate Customer and/or Initial Information constitutes a material breach of this Agreement permitting ADEPT to cancel this Agreement at its sole and exclusive election and to seek all appropriate relief.  Additionally, you represent and warrant that you will supplement and/or correct any Initial Information and/or Customer Information as appropriate to ensure that such information remains accurate and complete. 

ADEPT shall maintain your Participant Data for as long as your account is active or as needed to provide you services and to maintain a record of your transaction(s) and progress for reporting purposes.  We will retain and use your information as necessary to comply with our legal obligations, to resolve disputes and to enforce our agreements.  If you wish to cancel your account or to request that we no longer use your information as specified herein, you may contact us via the contact information provided below.

  1. What ADEPT Does with Information Provided.

ADEPT values you as a customer and we want you to know how and why we use the information you provide to us.  ADEPT does not share personal information about you with others EXCEPT to provide products or services you've requested, if any, when we have your permission, or under the following other circumstances: (i) ADEPT may provide such information to Partners who work on behalf of or with ADEPT Partners and others who may have access or links to the Data Servers and/or Site, may have the ability to collect personally identifiable information about you from the Participant Data; or (ii) ADEPT believes it is necessary to share information in order to investigate, prevent, or take action regarding actual or suspected illegal activities, fraud, to comply with current judicial, administrative and/or regulatory proceedings, situations involving potential threats to the physical or professional safety of any Person, violations of this Agreement, or as otherwise required by law or deemed advisable in ADEPT’s discretion.

The Initial Information may be provided to Your Company, along with a random, unique identification number that ADEPT assigns to you. We may also inform Your Company as you progress through the ADEPT program that comprises most of the Software.

We do not inform any Company how many times you took the certification test which is part of the Software before you passed it.  However, you acknowledge and agree that once Your Company (or another insurance company) obtains certain personal information on you from or through the Participant Data, they may be able to access your driving records and other information on you from your state's and/or other governmental agency's motor vehicle departments or their equivalents, as permitted by law.

Finally, we may provide certain insurance companies and Partners with certain non-personal, statistical information about segments or groups of Software users.  This information does not consist of any specific personally identifiable Participant Data; but rather may consist of such things as ages, genders and geographic information on Software users in general.

ADEPT does not sell any Participant Data to any third parties, including, without limitation, its Partners.

  1. How We Secure your Information.

 

The security of your information is extremely important to us.  ADEPT employs and utilizes physical, electronic and procedural safeguards that it believes comply with applicable laws, regulations and best practices to protect your information.  For instance, when you provide credit card information to purchase the teenSMART Materials from the Site, we encrypt that information using secure socket layer technology (SSL). 

 

Participant Data is stored in and is available through multiple servers ("Data Server(s)"), some of which are owned and/or controlled by ADEPT and some of which are maintained by independent, unaffiliated third party companies ("Server Company” or “Server Companies"). These Server Companies may also keep data and information obtained from Persons other than ADEPT on these servers, along with Participant Data.  ADEPT also uses and contracts with other third parties to provide services related to ADEPT’s Data Servers and the Site, including, without limitation, site design, revisions, maintenance and development, credit card and payment processing companies, including without limitation, the phone operator(s) mentioned above and for maintenance of ADEPT’s Data Servers ("Site Companies"). Some or all of these Site Companies may also have their own proprietary and/or accessible servers, on which they may keep data from and/or allow access to by one or more Persons.

 

These Server Companies and Site Companies have agreements with ADEPT to keep the Participant Data confidential and only accessible to those Persons and for those purposes necessary to provide the teenSMART Materials to you and other users, the Participant Data as provided for in this Agreement and the Site current and accessible. These agreements also require the Server Companies and where applicable, the Site Companies, to establish and maintain certain security provisions and protocols regarding the Participant Data on their servers and the Site Companies to establish and maintain certain security provisions and protocols regarding the Participant Data and the Site.  However, you acknowledge and agree that aside from any Server Companies' and Site Companies' contractual obligations to ADEPT, ADEPT has no control over any Server Companies' or Site Companies' security policies or procedures or how they're enforced or maintained.  CONSEQUENTLY, ANY ACTIONS AND/OR OMISSIONS BY OR ON BEHALF OF A SERVER COMPANY OR A SITE COMPANY IN ANY MANNER PERTAINING TO THE PARTICIPANT DATA AND/OR THE SITE ARE NOT COVERED BY THIS PRIVACY POLICY.

 

ADEPT adheres to generally accepted industry standards to protect your information, both in the transmission process and once it is received.  No method of online transmission is completely secure, however, and thus while we strive to maintain the security of your information, we – like everyone else – cannot absolutely guarantee the security of all information.

 

 

  1. Communications from ADEPT.

 

ADEPT may email you certain communications relating to its products and/or services, such as service announcements and administrative messages.  You consent to receipt of any and all transactional and administrative messages during the pendency of your account.  You can manage your subscription preferences for all other communications from ADEPT by accessing the “unsubscribe” options included in such messages.

 

  1. California Privacy Rights.

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information regarding the types of personal information that companies with whom they have an established business relationship have shared with third parties for certain purposes during the proceeding calendar year.  In particular, the law provides that companies must inform consumers about the categories of personal information that have been shared with third parties, the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties.  To request a copy of the information disclosure provided by ADEPT pursuant to Section 1798.83 of the California Civil Code, please contact us using the information provided in Section 16 below.  Please allow 30 days for a response.

12.  GOVERNING LAW & VENUE.  Unless otherwise set forth in this Agreement, the Agreement shall be governed by the internal laws of the State of California as they are applied to agreements between California residents entered into and to be performed entirely within the State of California without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provisions set forth in Section 13 herein. 

To the extent a claim or dispute is not subject to arbitration as set forth below or a court of competent jurisdiction determines that the within arbitration provision is not enforceable to the fullest extent set forth herein, any such claim or dispute between you and ADEPT arising out of or relating to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the State of California.

13.  ARBITRATION.  You and we agree to make every reasonable effort to resolve any claim or dispute you or we may have arising from or relating to the terms and conditions of this Agreement and/or the use of the Software and/or teenSMART Materials.  If within 30 days of the date the claim or dispute first arose those efforts fail or are otherwise unsuccessful or unsatisfactory for any reason, you and we agree that any claim, dispute or controversy you or we may have with or against one another arising out of, relating to or connected in any way with this Agreement, the Site or the use of the Software or the teenSMART Materials, shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”), and further subject to California Code of Civil Procedure sections relating to arbitration or alternative dispute resolution and to the Federal Arbitration Act, as applicable. 

You and we agree further that:

(a)  The arbitration shall be held at a location determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by you and ADEPT;

(b) The arbitrator shall apply California law and applicable statutes of limitations, and shall honor claims of privilege recognized at law;

(c) The arbitrator shall not have power orauthority to permit any claims or dispute to be arbitrated on a class or representative basis; arbitration can decide only your and/or ADEPT’s individual claims or disputes; and the arbitrator may not consolidate or join the claims of other persons or parties who may or may not be similarly situated;

(d) In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ADEPT will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive to you;

(e)  BY CLICKING ON THE “I ACCEPT THIS AGREEMENT” BUTTON AT THE END OF THIS AGREEMENT, YOU ARE AGREEING TO HAVE ALL CLAIMS AND DISPUTES DECIDED BY AN ARBITRATOR AS PROVIDED HEREIN AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE SUCH CLAIMS AND DISPUTES LITIGATED IN A COURT OR JURY TRIAL, AND YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL.  IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO ACCEPT THIS AGREEMENT, YOU MAY BE COMPELLED TO SUBMIT TO ARBITRATION UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO ARBITRATION IS VOLUNTARY. YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT ALL CLAIMS AND DISPUTES ARISING OUT OF THIS AGREEMENT FOR RESOLUTION PURSUANT
TO ARBITRATION; and

(f)  With the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the remaining terms of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (c) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ADEPT shall be entitled to arbitrate their claim or dispute. 

 

14.  INDEMNIFICATION.  You agree to fully and effectively indemnify, defend, protect and hold, on demand, to the broadest extent allowed by law, ADEPT and its former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, assigns, administrators, principals, parents, subsidiaries, affiliates, divisions, partners, co-venturers, members and attorneys (collectively, the "ADEPT Parties") free and harmless from and against, at your sole cost and expense, any and all liabilities (including but not limited to liabilities for claims, losses, demands, actions, causes of action, notices, proceedings, disputes, costs, expenses, liens, encumbrances, disagreements and notices, including without limitation, reasonable attorneys and accountancy fees and all costs in any manner related thereto in whole and in part (collectively, “Liabilities”), further including without limitation, any and all attorneys' fees, experts' fees, accountants' fees and statutory and non-statutory actual costs occasioned by or arising out of any actual, alleged or anticipated breach (each a "Breach") by you of this Agreement, or any claim for Liabilities which are inconsistent with any agreement, covenant, representation, warranty or promise made or assumed by you hereunder or otherwise with respect to the rights and/or privileges granted to you by any of the ADEPT Parties. You will fully reimburse the ADEPT Parties on demand for any and all payments made by or on behalf of any of the ADEPT Parties at any time in respect of any Liabilities to which the foregoing indemnity relates. ADEPT agrees to give you written notice of any such claims for Liabilities to which the foregoing indemnity relates and you shall immediately undertake at your own cost and expense the defense thereof, and shall supply the ADEPT Parties with competent and experienced counsel acceptable to the ADEPT Parties in their sole discretion, to defend any such claim for Liabilities. You may participate in the defense of same at your expense, through counsel of your sole choice: provided, that the final control and disposition of same (by settlement, compromise or otherwise) shall remain with the ADEPT Parties. If the ADEPT Parties shall settle or otherwise compromise any such claim for Liabilities, the cost (including all attorney's fees and costs related thereto) shall be your sole responsibility, if said settlement or compromise was made with your prior approval, not to be unreasonably withheld, delayed or conditioned.

 

 

15.  ENTIRE AGREEMENT; MISCELLANEOUS.  This is the entire agreement between you and ADEPT.  This Agreement supersedes any prior agreement, whether written or oral, relating to the subject matter herein.  Time is of the essence in the payment and performance of each obligation under this Agreement.  No waiver, modification or amendment of any of these terms and conditions shall be effective against ADEPT unless in writing and signed by an authorized representative of ADEPT. ADEPT does not waive any power or right under this Agreement or otherwise even if timely or strict compliance is not always insisted upon. All rights and remedies provided to ADEPT in this Agreement are cumulative and not exclusive of any other rights or remedies which ADEPT otherwise has at law, in equity or otherwise. These terms and conditions shall be binding upon you and your executors, heirs, successors and assigns.  The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction or by the AAA, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect (other than as set forth Section 13(e) above).  The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

 

16.  CONTACT INFORMATION.  Should you have any questions concerning this Agreement, or if you desire to contact ADEPT for any reason, please write to ADEPT at:

 

ADEPT, Inc.

2374 Maritime Drive

Elk Grove, California 95758

 

or email ADEPT at: info@adeptdriver.com

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

I CERTIFY THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, THAT I AM LEGALLY COMPETENT TO EXECUTE AND BE BOUND BY THIS AGREEMENT, AND AGREE TO COMPLY WITH THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.  I CERTIFY THAT I AM EITHER EIGHTEEN (18) YEARS OF AGE OR OLDER, OR IF I AM UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE I HAVE THE CONSENT OF MY PARENT OR GUARDIAN TO PURCHASE THE teenSMART MATERIALS. 

  

 

Adept Driver