Terms of Service Agreement - This contract is important - please read carefully:  The Funny Driving, Inc. Terms of Service Agreement (“CONTRACT”) is a legal agreement between the (“STUDENT”) and Funny Driving, Inc. the corporation (“CDI”) and Funny Driving, LLC..’s Online Course. (“CDIOC”) refers to the Online Driving Safety Course offered by Funny Driving school number C1742 which utilizes the Funny Driving’s Course provider curriculum CP073; both shall be referred to as (“CDI/CDIOC”).  Checking the box and Clicking on the Submit button at the bottom of this CONTRACT and utilizing the CDI/CDIOC online driving safety 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 CDI/CDIOC or the STUDENT.

 

Driving Safety School Information:

Legal Name of Company - Funny Driving, Inc.

Website for Online Services – funnydriving.com

Driving Safety School License Number - C1742

Course Provider Number CP073

Comedy Driving, Inc Online School Instructor – 3916

Course Length 360 Minutes (Including Breaks)

Number of Lessons 11

Payment Method Credit Card, Money Order, Cash

 

Course Schedule: CDI agrees to provide the STUDENT with 300 minutes of online driving safety instruction upon receipt of payment for the course. The STUDENT shall have generable and accessible access to the CDIOC twenty-four hours a day, seven days a week.  The STUDENT acknowledges and agrees that (i) your Email Address you have provided to log in to CDIOC 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. CDI/CDIOC is not responsible for any errors, failures or malfunctions of your computer or software.  CDI/CDIOC reserves the rights to change the system requirements for using CDIOC 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 CDIOC online driving safety course, there will be additional fees for optional driving records and or for the shipping methods. If a duplicate of the completion certificate of completion is needed, it must be requested from the Course Provider and would require a $10 fee for a duplicate certificate – Funny Driving, LLC. CP073.

 

Severe Weather Policy: CDI and CDIOC shall not be held responsible for delays in access to the online driving safety course, driving record retrieval, processing of the driving record, 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 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, 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 CDI/CDIOC, 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 CDI and CDIOC, or misrepresentation made by an owner or employee of the CDI and CDIOC.  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 CDIOC, driving records, processing driving records, or express deliveries will NOT be issued any reasons out of the CDI / CDIOC’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 CDI / CDIOC’s and/or the course provider (Funny Driving, Inc, 10891 Katy Freeway, Houston, TX 77079) may be forwarded to the Division of Driving Training Schools, Texas Department of Licensing Regulation, PO Box 12157, Austin, Texas 78711, Facsimile 512-463-9468, or electronically to: https://www.tdlr.texas.gov/help/ . The current telephone numbers of the department (800-803-9202 or 512-463-6599) shall also be provided.

Attendance Policy: A STUDENT must complete the entirety of the 360 minutes for the CDIOC course including all phases, questions, break, and exams of the approved CDI / CDIOC’s online course and curriculum and all the course completion sections to receive a certificate of completion. The CDIOC should be solely completed by the STUDENT without assistance from another person or any other external sources other than the CDI/CDIOC course CONTENT and or support staff for questions and technical assistance. STUDENT also understands that if they cannot be verified by the third-party database; an ID Attached to the Completed and Signed Notarized Funny Driving Student Affidavit would need to be provided by the STUDENT in order to receive their state certified certificate. All times will be recorded and will go on record as Central Standard Time. It is the STUDENT’s responsibility to make sure they have permission from the court and are eligible to take a Driving Safety course from the court, before starting the course.

Grading and Progress Policy: A STUDENT may not receive a driving safety certificate or given credit for a driving safety course unless a STUDENT scores 70% or higher on the course completion sections. The STUDENT is also required to complete the Personal Verification Questions with a 70% or higher to finish the course and receive a state certified driving safety certificate.

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.

Insurance Discount: CDI/CDIOC may use the term insurance discount to reference a possible insurance discount provided by STUDENT's insurance provider. The CDI/CDIOC does not guarantee that an insurance discount will be provided by the STUDENT's insurance provider for taking a driving safety course. Please contact your insurance provider to confirm what discount, if any will be applied for taking a driving safety course in Texas.

Duplicate Certificate Policy: Comedy Driving 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, LLC.. reserves the right to charge a $10.00 fee in order to process the duplicate, if there was a mistake by the STUDENT. 

General Information: CDI/CDIOC 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 commits a Class A misdemeanor punishable by up to one year in jail if the STUDENT 1) signs a certificate and has not received 6 hours of instruction; and/or 2) falsifies any information on a certificate. This agreement constitutes the entire CONTRACT between CDI/CDIOC and the STUDENT and no verbal assurance of promises not contained herein shall bind the CDI/CDIOC or the STUDENT.

Privacy: CDI/CDIOC, Instructor, and/or Course Provider does not collect personal information for any purpose other than to meet TDLR, Texas Education Agency & Region XIII guidelines concerning the issuance of certificates, and future CDI/CDIOC marketing purposes. Moreover, CDI/CDIOC, 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 CDI/CDIOC in any manner that would negatively impact it. You may not use any means of systematic retrieval of STUDENT/CONTENT data from accessing CDI/CDIOC 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 CDI/CDIOC. You may not use another person’s login information to access or use CDI/CDIOC.  In no event shall CDI/CDIOC 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 CDIOC or any use of CDi/CDIOC’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 CDI/CDIOC shall be the refund of the amount paid by the student for CDIOC.  The limited liability shall be complete and exclusive.

Confidentiality

CDI/CDIOC 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 CDI/CDIOC. 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. 

CDI/CDIOC 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 CDI/CDIOC.  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:  CDI/CDIOC - All online access CONTENT is the property of CDI/CDIOC 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 CDI/CDIOC’s online driving course content without CDI/CDIOC’s written consent. You also agree not to use any of the content for any unlawful purpose. CDI/CDIOC’s online course 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 CDI/CDIOC, 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 CDIOC 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 CDI/CDIOC websites. You must obtain CDI/CDIOC’s consent before creating any hyperlinks or similar connections to any online access or CONTENT. The CONTENT is valuable and the exclusive property of CDI/CDIOC and or its licensors. Ownership for all the included CONTENT is the sole property of CDI/CDIOC.

Attorney Fees: If CDI/CDIOC takes action by itself or with legal representation to enforce any provisions within this CONTRACT against STUDENT, including collections of any amounts due to CDIOC/CDI 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 CDI/CDIOC, and the case is dismissed or CDI/CDIOC prevails, the STUDENT additionally agrees to pay, reasonable and necessary CDI/CDIOC 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 CDIOC is the person who is successfully completing the number of hours as required under the [Title 5, Texas Education Code, Chapter 1001], 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 CDI/CDIOC, its affiliates, its licensors, its suppliers, officers, directors, employees, subcontractors or any third parties mentioned 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 CDIOC, any delivery of certificates or driving records. In addition, CDI/CDIOC 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 CDI/CDIOC 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. CDI/CDIOC 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 Texas and the Texas Department of Licensing and Regulation and the Terms of Service Agreement is a legal agreement between the STUDENT and CDI/CDIOC.  Checking the box and Clicking on the Submit button at the bottom of this terms of service agreement; and utilizing the CDI/CDIOC course work the STUDENT agrees that she or he has read, understands and agrees to this CONTRACT.  The STUDENT understands that CDI/CDIOC may utilize third party databases to verify information required by the State of Texas for an online driving safety course and or driving record.  STUDENT also understands that if they cannot be verified by the required third-party database that an approved ID must be attached to the completed and signed notarized Funny Driving Student Affidavit.  The completed Affidavit would need to be provided by the STUDENT to CDI/CDIOC to receive their state certified certificate. The STUDENT understands that there are computer/smart device requirements, internet connection requirements and that possible service interruptions may occur through no fault of CDI/CDIOC.  The STUDENT agrees that they have read, understands, and agrees to the CDI/CDIOC Privacy Policy and the CONTRACT.