TERMS AND CONDITIONS OF USE
Last Updated: April 8, 2021
PURPOSE AND ACCEPTANCE OF TERMS
(a) Our Purpose $49 Nevada DUI School is a school that offers an online course foo those who have received a DUI in the state of Nevada. The information you find in this course is tailored to the requirements of Nevada, and the course have been licensed by Nevada for the DUI School.
(c) Modification of Terms We reserve the right, in our sole discretion, to change these Terms and Conditions of Use at any time without notice. In the event we make material changes to the Terms and Conditions of Use, notice of these changes will be posted on the Terms and Conditions of Use page and the revised agreement will take effect thirty (30) days after their publication on this site. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions of Use. Your continued use of this website following the posting of changes to this agreement or other policies means you accept the changes.
WHAT WE DO AND DO NOT OFFER YOU
(a) What We Do We offer an online DUI School courses for those who have received a DUI in the state of Nevada. We email you a copy of your certificate and also the OBL312 "ALCOHOL AND SUBSTANCE ABUSE COURSE COMPLETION NOTICE" form within 10 business days of receiving your notarized "Proof of Attendance" form in the mail, but most people receive their certificate and OBL312 within 2 business days of our office receiving the notarized form in the mail. We keep our information up to date. We will help guide you to find your answers from the Nevada DMV.
(b) What We Do Not Do We do not answer questions for the state of Nevada, nor any of their law enforcement officers or agencies, but, again, we will gladly help guide you to find those answers from the proper sources.
YOUR USE OF OUR SITE
(a) Intellectual Property This website and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, audio clips, (collectively, "the Intellectual Property") are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Online CE, LLC or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of Online CE, LLC and protected by U.S. and international copyright laws. All software used on this Site is the property of commercial software suppliers, and is protected by U.S. and international copyright laws. The copying, redistribution, use or publication of any such matters or any part of the Site, except as allowed herein, is strictly prohibited.
Except as expressly provided herein, nothing contained in these Terms and Conditions of Use shall be construed as conferring, by implication, estoppel or otherwise, any license or right to use the content under any copyright, patent, trademark or other intellectual property right. No other use of the Site is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, users may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without our prior written consent in each instance.
As a condition of your use of the website, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example and without limitation, you agree not to:
(a) violate any applicable law or regulation or use the service for any illegal purposes;
(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
(c) use the information available through the Service for any unauthorized or unlawful purpose;
(d) interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents;
(e) use the Service in connection with the distribution of unsolicited commercial email or advertisement;
(f) impersonate any person or entity;
(g) allow any other person to impersonate you or any other entity;
(h) remove any copyright, trademark or other proprietary right notices contained in the Service;
(i) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Site or any software used on or for the Service; or
(j) assist any third party in doing any of the foregoing.
$49 Nevada DUI School, and its holding company, Online CE, LLC reserve the right to access any account at any time for any reason or for no reason at all. We also reserve the right to forward any and all personal information to anyone we deem appropriate, such as governing bodies that are accountable to receive your online traffic education information. By agreeing to this contract, you automatically acknowledge and accept that we have access to your account for any reason or for no reason at all and that we will forward any and all information to whom we deem appropriate to protect the interest of Online CE, LLC, its members and/or third parties. To be clear, we never sell or distribute your information to anyone or any entity except the government of Nevada and the United States, and we do not make a profit or any other benefit, at all, in any of our endeavors. Your email and phone number will never be sold or given to any person or entity other than for legal purposes, and not commercial purposes.
(a) Your Identity Your account must have your information, and not someone else's information. You may have a friend or family member create an account for you, but you may not knowingly allow another person to take any part of the course on your behalf, including the Final Exam. You will not provide any inaccurate, misleading, incomplete or false information or user content to $49 Nevada DUI School, which is owned by Online CE, LLC.
(b) Billing When you make an account, you are NOT automatically agreeing to take a course - the use of an account assures accurate contact and identifying information so we can let Nevada know who took our courses if and when that time comes. You don't owe any money at all just for making an account. The only time money becomes due is when you register for a course. We use PayPal and Authorize.net as our payment processors, and all of your personal payment information is stored with them, and we do not have access to your credit card numbers. When you register to take a course, you agree to pay Online CE, LLC for the course up front. You may request a refund if you have not yet opened the Final Exam. If you try to force a refund anyway, by this contract you agree to reimburse us for all collection costs, an interest of 1.5% per month on the principle owed (cost of the course), and the cost of the courses for which you retracted your payment. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We make every reasonable effort to comply with all tax laws on all levels (local, state, federal, etc). If there are unanswered questions about payment processing, please contact the payment processor (PayPal or Authorize.net). If your questions remain unanswered, please contact us at CustomerCare@NV-DUI.com, and we will be more than happy to do our best to find the answers for you. In the event that the payment processing is not done correctly (for example, you double clicked in PayPal, and you are double charged) please give us a reasonable amount of time (5 business days) to see to it that it is corrected. We have safeguards on our accounts with the processors to automatically delete a double payment, so this should not be a common problem.
(c) Refund Policy Once you have entered the Final Exam, refunds are not possible.
DISCLAIMER AND LIMITATION OF WARRANTIES AND LIABILITIES
Services provided by the site are provided on an as is basis, although we will gladly hear your suggestions. Online CE, LLC and $49 Nevada DUI School strive to offer information that is accurate and we take great measures to assure that, but as more research is done, there is no way to guarantee that any piece of information provided is accurate, complete, or correct according to the latest research, and we kindly ask that if you find information that would enhance the accuracy of our course, please tell by using the contact link on our front page. With that, we assure you that we continue our own research and update the information as needed. Online CE, LLC or the websites it holds, shall have no responsibility or liability whatsoever in connection with your reliance on information we did not specifically provide. In other words, if you earn another citation because you did something that we did not address in our course, you cannot come back on us and tell us "you never told me I could not do that!" You may certainly hold us accountable for anything we specifically state in our courses, but you may not hold us accountable for your extrapolation of anything we say. An example would be that many of the penatlies for various traffic infractions and crimes comes with a range of penalties, and we will not be accountable for the judicious bodies giving you a harsher penalty than the laws we posted. That being said, we believe we can rely on proper mediators and other judicial bodies to use basic common sense to dicern whether or not we caused you harm by what was stated in our courses. If you have a concern, please first come to us, and let us help resolve the concern, and please use our information carefully, with the excercise of defensive driving. Law Enforcement Officers are also a great resource for extrapolating the information contained in this course and determining how you must legally and properly operate a vehicle.
By using this service you acknowledge and agree that:
(a) $49 Nevada DUI School and its holding company, Online CE, LLC make concerted efforts to safely store all information. We have a server that has 2 clone servers in very distant locations from each other, so in one server is, for example, destroyed in an earthquake or other destructive event, all information is stored on 2 other servers. That being stated, we do not govern the servers, but rather we pay a webhosting company for space on their servers, as is typical. We have limited responsibility and liability for the deletion, corruption or failure to store any messages, certificates of completion or other content maintained or transmitted by our service, because we do not govern the servers. Without failure of services we purchase, all information will be stored.
(b) The information on the website, while updated regularly, could feasibly have an outdated law that was only recently changed in the statutes.
(c) In no event shall Online CE LLC or $49 Nevada DUI School, or any officers, directors, employees, or agents of Online CE LLC or $49 Nevada DUI School, or any affiliates or associates, be held liable (whether in an action arising from contract, or from a tort) for (i) indirect, incidental, special, consequential or exemplary damages, including (but not limited to) damages for loss of money, loss of time, incarceration, loss of life or limb, loss or damage of property, or other tangible or intangible losses, resulting from any matter relating to the use of this website and/or good or service offered thereby, (ii) any disclosure of information provided to Online CE LLC, $49 Nevada DUI School, or any of its associates or affiliates, except to the extent that such improper disclosure is directly caused by the intentional misconduct or gross negligence of the party in question; (iii) statements or conduct of any third party site; (iv) or acts of nature, acts of God, forces, or causes beyond our control, including, without limitation, internet failures, webhosting equipment failures, webhosting power outages, government orders or actions, or orders of domestic or foreign courts or tribunals. For example, if you choose to act on the teachings given in the course, without exercising defensive driving and intelligent situational assessment, we will not be responsible for your poor choices. As a specific example, the law says you may turn "right on red", and if you choose to do so while not carefully looking to your left to see the car coming, and the car is grey, blending into the color of the pavement, and their headlights are off, then you may not come back to us and accuse us of harming you because our site told you it is alright to turn right on red. As another example, your headlights are required to be on between sunset and sunrise, and if you are in circumstances where you are the one driving a gray car that blends in with the pavement, and you are involved in a crash with another driver who did not see you, you cannot blame us because you chose to not have your headlights on, just because you were not legally required to have your headlights on. The information contained in the courses is general, and it cannot be applied to any situation without also exercising defensive driving and reasonable intelligent assessment of the given situation. YOU MUST PRACTICE DEFENSIVE DRIVING AND INTELLIGENT SITUATIONAL ASSESSMENT, GIVEN THE PARTICULARS OF THE SITUATION.
We may choose, at our discretion, to keep a feature, third party associate or other on the site even though we may understand that someone could harm themselves if they choose to be foolish and undiscerning. We are not going to keep the aforementioned away from all students just because it is possible to be foolish with the aforementioned. It is impossible to alter the courses to fit ALL people and situations so you MUST ascertain for yourself which actions you shall take. We have no choice but to require of each student that they make their own decisions with careful consideration.
(d) In any situation, the total liablity of Online CE LLC, $49 Nevada DUI School, or any associates or affiliates shall not exceed the cost you paid for the course, unless otherwise directed by a lawfully-recognized judicial body who shall preside over both parties in arbitration.
The websites owned by Online CE, LLC may contain links to third party websites. These links are provided as a convenience to you. Online CE, LLC and its affiliates are not responsible for the content of such third party websites or any other sites or any products or services that may be offered through such third party websites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites, and you must understand that not all links, products, goods, services, advice or others will be good for all people or equally beneficial to all people. You must discern for yourself what is beneficial for you. You assume responsibility of appropriateness for you for all of your choices, whether we suggested or offered said choice or not. You should be aware that different terms and conditions (including privacy practices) may apply to your use of any linked sites. Online CE, LLC and its affiliates are not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
Online CE, LLC and its affiliates reserve the right to, in its sole discretion and without notice or liability, deny use of the websites and/or products affiliated with Online CE, LLC to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty or covenant contained in this agreement, or of any applicable law or regulation.
You agree to indemnify and hold Online CE, LLC and its affiliates, its third-party vendors, corporate affiliates, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys' fees made by any third-party due to or arising out of any disruption of the site, site content, or otherwise information or services provided to you by Online CE, LLC and its affiliates and/or its third party advertisers and any breach by you or your affiliates, employees, agents and representatives of these Terms and Conditions of Use and/or applicable law.
Any user who is a resident of a foreign country agrees that (i) they have voluntary sought and established contact with Online CE, LLC and its affiliates, (ii) they will not use, transmit, disseminate, dowload, or upload any material, content, that would violate any applicable local or national laws or regulations of the foreign member's country of residence; (iii) under no circumstance shall Online CE, LLC or its affiliates be deemed liable under any laws other than those of Las Vegas, Nevada of the United States of America; (iv) his or her participation is governed by the laws of Las Vegas, Nevada of the United States of America and is subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in Las Vegas, Nevada or the United States of America.
This Agreement shall be governed by the laws of Clark County, Nevada of the United States of America and shall NOT be governed by the United Nations Convention on Contracts for the International Sale of Goods, because this is a domestic service, to be used only by those in the United States of America. Any dispute, controversy or other claim arising out of this Agreement shall be resolved (i) FIRST, by RESOLUTION-SEEKING COMMUNICATION between the parties, and if that is ineffective in resolving the concern, then the parties agree to (ii) Alternative Dispute Resolution (ARD) of BINDING ARBITRATION, goverened by the Eight Judicial District of Clark County, Nevada.
This Agreement constitutes the entire agreement between you and Online CE, LLC or $49 Nevada DUI School, concerning your use of the Website.
All notices to $49 Nevada DUI School or Online CE, LLC shall be sent by postal mail to either "$49 Nevada DUI School" or "Online CE, LLC" at the following address:
3651 Lindell Rd, Ste D Las Vegas, NV 89103
This agreement provides that all disputes between you and Online CE, LLC will be resolved by BINDING ARBITRATION.
The rights of all parties will be determined by a LAWFULLY-RECOGNIZED ARBITRATOR that is appointed by the Eighth Judicial District of Clark County, Nevada. A judge or jury will not be involved.
All parties are entitled to a FAIR HEARING. The arbitration procedures are fair, and they are SIMPLER AND LESS COMPLICATED than court proceedings.
Arbitrator decisions are as enforceable as any court order and are subject to a review by a court.
FOR MORE DETAILS, please visit http://www.clarkcountycourts.us/departments/adr/arbitration/ You may also contact us for any concerns you may have.
We don't want to harm anyone or treat anyone in such a way that they would have a reasonable cause to seek legal repercussions against us. We ask that if you have a grievance, please contact us first at CustomerCare@NV-DUI.com or call us at 844-812-8512 and let's see if we can resolve it.
Last Updated: April 10, 2021
INFORMATION COLLECTION AND USE
When you register to use our site, we collect your email, general location and your billing information. We use the information you provide for to fulfill an order or to contact you regarding our products and services.
SHARING YOUR INFORMATION
In the event that $49 Nevada DUI School or Online CE, LLC are acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your Information is treated, transferred, or used.
WE DON'T SELL OR DISTRIBUTE YOUR INFORMATION
We hate spammers, too. We don't sell, or distibute, your information to any such party who would use the information for such purposes. In fact, the only entities who could get your information would be the Nevada DMV and their associates; or any law enforcement agency (including the courts and the police) and their associates; or any lawful entity (such as a court or a judiciary branch) or any of their associates; or a party with a subpeona. That's it.
The website may contain links to other entities or sites and we will, on occasion, create relationships or associations with third-party companies, where we host their content, or vice versa. We will not give them your information, but rather you may visit them and give them your information, if you should so choose. Please be aware that $49 Nevada DUI School and Online CE, LLC or any of its affiliated companies are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave the $49 Nevada DUI School wesite, and to read the privacy statements of each and every site that collects personally identifiable information. This privacy statement applies solely to information collected by $49 Nevada DUI School and Online CE, LLC
We have firewalls and a Virtual Private Server that monitors hacker attempts and blocks such strikes. Since our inception in 2015, we have not been hacked, because we are so very careful with protection. While we use such precautions to safeguard your personal information, we cannot guarantee complete security. No transmission of information is guaranteed to be completely secure on ANY website. Unauthorized entry or use, hardware or software failure, and other factors may compromise data security. You acknowledge and agree to assume this risk when communicating with us. That being said, know that we have always taken the best efforts to make sure your information is secure.