TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
By using the DMV.com website (the “Site”), you agree to follow and be bound by these terms and conditions of use (the “Terms and Conditions”) and agree to comply with all applicable laws and regulations. In these Terms and Conditions, the words “you” and “your” refer to each customer or Site visitor, “we”, “us”, and “our” refer to DMV.com and “Services” refers to all services provided by us.
It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time and from time to time by posting a notice on the Site. If you have any questions about these Terms and Conditions, please contact info@DMV.com. You are responsible for periodically reviewing changes to this Site, which you can do by clicking on the “Terms and Conditions.” You agree that your continued use of the Site following any changes to the Terms and Conditions constitute your acceptance of such changes and your intention to be bound by the Terms and Conditions. If you do not agree to such changes, your sole remedy is to discontinue use of the Site.
YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A BINDING INDIVIDUAL ARBITRATION PROVISION IN PARAGRAPH 14 THAT AFFECTS YOUR RIGHTS TO SUE UNDER THE AGREEMENT.
DMV.com and its Services are not substitutes for the federal or local governmental motor vehicle bureaus. DMV.com is in no way or fashion sponsored, sanctioned, endorsed or affiliated with any federal or local governmental agency or offices. DMV.com is in no way or fashion an agent of any federal of local governmental agency and DMV.com does not provide its Services on behalf of any governmental body or office.
You understand that this Site or its products are not endorsed or affiliated with any government entity, including any federal, state, county, city department, bureau, division or agency. By using the acronym “DMV” or the phrases “Department of Motor Vehicle,” we are not claiming any affiliation with any government run agency.
DMV.com strives to keep its documents, study guides, test materials, checklists and developed forms accurate, current and up to date. However, because the law changes rapidly, DMV.com cannot guarantee that all of the information on the Site is completely current, correct or up to date. The motor vehicle laws may be different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The motor vehicle laws are a personal matter, and no general information like the kind DMV.com provides can fit every circumstance. Furthermore, the information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up to date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult your federal or local motor vehicle bureau and/or governmental office. DMV.com is not a law firm, and the employees of DMV.com are not acting as your attorney and DMV.com is not permitted to engage in the practice of law.
DMV.com will not check the accuracy of the information that you provide. You are responsible to ensure that the information provided to DMV.com is accurate with respect to both detail, spelling and grammar and you represent to DMV.com that your submissions are accurate and ready for use as submitted.
From time to time, DMV.com may perform certain services and introduce our visitors to various services, products and offers through various methods, including but not limited to: (i) third-party listings, (ii) third-party advertisers, and (iii) third-party services. At no time is DMV.com responsible to you or liable to you for the accuracy or performance of any such listings, products and/or services.
- There are instances in which DMV.com might use the personal information that you voluntarily submit internally. In addition, we may disclose your personal information as described below to our agents, third-party partners, affiliates, and subsidiaries to enable them to perform functions on our behalf. These functions may include, but are not limited to: order or service fulfillment, and/or e-mail distribution. These companies are only permitted to share, store and/or use personally identifiable information for contracted business purposes.
- Ownership. All rights, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, designs, materials, compilations, sounds and images (the “Materials”) are owned either by DMV.com or by our respective third-party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by DMV.com, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way, and nothing on this Site shall be construed to confer any license under any of DMV.com’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by DMV.com. Notwithstanding anything herein to the contrary, DMV.com makes no claim to the exclusive right to use the “DMV” acronym.
- Links to Third Party Sites. This Site may contain links to Websites controlled by parties other than DMV.com (each a “Third Party Site”). DMV.com works with a number of partners and affiliates whose sites are linked with DMV.com. DMV.com is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site or any changes or updates to such sites. DMV.com makes no warranties, guarantees or representations about the content or quality of the products or services provided by such Third Party Sites. DMV.com is not responsible for webcasting or any other form of transmission received from any Third Party Site. DMV.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DMV.com of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that DMV.com is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.We have no control over the content and performance of these partner and affiliate Third Party Sites and make no guarantees, representations or warranties about the accuracy, currency, content or quality of information provided by such sites, any products or services provided by such websites, any results that may be obtained from using such websites, the legality of the products or services provided by such sites, or the privacy or other practices of such Websites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
- UNLESS EXPRESSLY SO STATED, THE INCLUSION OF A LINKED SITE IS FOR YOUR CONVENIENCE ONLY AND IS NOT INTENDED AND SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OR RECOMMENDATION OF THE LINKED SITE OR ITS CONTENT. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THIS SITE, INCLUDING THOSE THAT WE RECOMMEND, YOU DO SO ENTIRELY AT YOUR OWN RISK, AND OUR RECOMMENDATION DOES NOT CONSTITUTE A GUARANTY OR WARRANTY OF THEIR SERVICES OR PRODUCTS. THE INCLUSION OF A LINKED SITE OF A GOVERNMENTAL AGENCY, INCLUDING BUT NOT LIMITED TO ANY STATE MOTOR VEHICLE DEPARTMENT IS ALSO DONE FOR YOUR CONVENIENCE. OUR LINKING TO SUCH A SITE SHOULD NOT BE CONFUSED WITH THE FACT THAT WE ARE A PRIVATE, NON GOVERNMENTAL FOR PROFIT BUSINESS UNRELATED TO SUCH GOVERNMENTAL AGENCY OR STATE MOTOR VEHICLE DEPARTMENT.
- DMV.com AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, INFORMATION THAT YOU MIGHT BE REQUESTED TO GIVE ANY THIRD PARTY SITE. DMV.com IS NOT RESPONSIBLE FOR ANY ORDER, ENTRY, FULFILLMENT, PAYMENT PROCESSING, SHIPPING, CANCELLATIONS, RETURNS OR CUSTOMER SERVICE CONCERNING ORDERS OF PRODUCTS OR SERVICES FROM THIRD PARTY SITES OWNED OR OPERATED BY ANY THIRD PARTY.
- PLEASE BE ADVISED THAT WE ARE NOT A PARTY TO ANY INSURANCE OR OTHER TRANSACTION. We do not offer or sell any insurance or other products described on the Site. Instead, the Site acts as a venue to allow insurance companies, insurance agents and other parties who are customers of our Site (each, a “Provider”) to offer for sale and sell, in a variety of formats, insurance and other authorized products to potential consumers (each, a “Prospect”, and all Prospects and Providers are collectively called the Site’s “users”) who have visited one of our affiliated sites and applied to receive insurance or other authorized quotations from a Provider (the “Service”). We are not involved in the actual transaction between any Prospect and any Provider even though we may, through our affiliate sites, and with each Prospect’s authorization, collect certain information (collectively, a “Lead”) about any Prospect and sell such Lead to a Provider. As a result, the quality, safety or legality of the products offered by any Provider for sale, the truth or accuracy of the representations regarding such products, the ability of Providers to offer or sell such products or the ability of Prospects to pay for the products offered are solely the responsibility of each user. We are an independent contractor for all purposes. Importantly, we do not issue insurance contracts or bind coverage. We are not responsible in any way for the conduct of any Prospect or Provider. We do not endorse or recommend any companies or insurance policies. We do not provide insurance, tax, legal or any other financial advice. We do not guarantee that any of the Providers to whom we forward any Prospect’s application will contact such Prospect or agree to provide the Prospect with the desired coverage. If you are a Prospect and you would like personal advice or specific policy recommendations, please consult with an insurance agent, broker or other qualified professional.
- Use of DMV.com Forms. On our Site and through certain partners, we offer for you to fill out our developed driver’s license forms which includes the “fill in the blank” forms necessary for you to apply for a driver’s license or driver’s license-related services pursuant to these Terms and Conditions. The forms on our site are solely developed by DMV.com as a service to you and may differ or contain additional information than the federal or state mandated governmental drivers license forms (the “Forms”). Upon accepting these terms and conditions you authorize DMV.com to collect the information that you provide and to use such information to prepare the documents that you request. You understand and agree that DMV.com may reformat, populate or re-arrange the information and content that you provide as may be necessary for use in the specified Forms prepared at your direction. You understand and agree that DMV.com may arrange and utilize the information and content you provide and apply a default value to such information and content on your behalf as may be necessary for use by our third party providers and Third Party Site(s). DMV.com grants you a limited, personal, non-exclusive, non-transferable license to use our Forms for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
- This Site,FAQ’s, the study guides, checklists and practice tests on the Site and all information contained within have been compiled from a variety of diverse sources. DMV.com has used its best efforts to ensure the accuracy of the information provided but make no guarantees about its accuracy, relevance or validity. This information is subject to change from time to time without notice and is provided as a value to you for information purposes only. You assume the risk that this information may be inaccurate, out-of-date, incomplete or inconsistent with other choices or may not meet your needs and requirements.
- Furthermore, DMV.com strongly recommends that you read and completely familiarize yourself with your state’s driving rules, regulations and laws beyond the information presented in and available on the Site. It is your responsibility to learn all laws, signs and regulations for the state in which you are seeking a license.
- All information within the Site has been obtained through publicly available information. None of the information provided within the Site allows anyone to cheat, deceive, undermine or otherwise circumvent obtaining any knowledge that is not available publicly.
- DMV.com makes no guarantees that the questions and answers presented on the Site will actually be asked on your DMV written test. DMV.com has no prior access to each state’s actual DMV testing systems and, as such, has no prior knowledge of what questions will be asked.
- Some of our study guides, test materials and developed forms are provided in “Flash Paper” format, which requires You, as the Site visitor, to have Adobe Flash installed to view the guides..
- Additional Terms. Some DMV.com Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms and Conditions and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms and Conditions will control.
- To the extent the Services on our Site are subject to 18 U.S.C. 2721-2725, et seq., (“Driver Privacy Protection Act”) or subject to any State specific Statute(s), your submission of “personal information” or your submission of “highly restricted personal information” to and obtained by DMV.com in connection with a “motor vehicle record” (as these terms are defined in the Driver Privacy Protection Act) shall be permitted based on your express consent which by the use of our Site and Service is hereby deemed given by you to Us.
- NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, DMV.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- DMV.COM MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
- OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. DMV.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
- LIMITATION OF LIABILITY. IN NO EVENT SHALL DMV.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOSS, INJURY, CLAIM, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF DMV.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Compliance with Intellectual Property Laws. When accessing DMV.com or using DMV.com’s preparation and submission Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using our Site.
- DMV.com has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of DMV.com or of a third party or that violate intellectual property rights generally. DMV.com’s policy is to remove such infringing content or materials and investigate such allegations immediately.
- Inappropriate Content. When accessing the Site or using DMV.com’s Services, you agree not to upload, download, display, perform, transmit or otherwise distribute any content that: (i) is libelous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.
- DMV.com reserves the right to terminate or delete such material from its servers. You are prohibited from violating or attempting to violate any security features of this Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of this Site, or any associated network or system, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, flooding, spamming, mail bombing, or crashing; (d) using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information of any e-mail; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by DMV.com in providing this Site. Any violation of system or network security may subject you to civil and/or criminal liability. DMV.com will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions or of any applicable laws.
- Personal Use. The site is made available for your personal use on your own behalf.
- Children. Minors under 13 years of age are not eligible to use the Site and we ask that they do not submit any personal information to us.This Site does not direct any of its content at children under 13 years of age. If you are under 13, please do not attempt to register as a member or send any information about yourself to us. We do not knowingly collect personal information from children under the age of 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account. If you become aware that a child has provided us with personal information without parental consent, please contact us. This Site understands and is committed to respecting the privacy of children online.
- Governing Law; Venue; Dispute Resolution.
- DISPUTE RESOLUTION BY BINDING ARBITRATION:
- Please read this carefully. It affects your rights.
- Summary: In the unlikely event that DMV.com’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if DMV.com has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.All disputes arising out of or relating to this Agreement or your use of this Site shall be subject to binding arbitration in Miami, Florida, in accordance with the rules of the American Arbitration Association (“AAA”). The arbitrator shall apply the substantive laws of the State of Florida without regard to its choice of law provisions. Any award rendered thereon by the arbitrator shall be final and binding on the parties and may be enforced as a judgment by any court of competent jurisdiction. You agree that, by entering into this Agreement, you and us are each waiving the right to a trial by jury or to participate in a class action.
- SEVERABILITY/WAIVER. If a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence.
- You understand and agree that the fees collected on the Site are for the value added services, information, study guides, Forms and checklists prepared by DMV.com and that no fees are collected by DMV.com’s for the actual governmental forms (if available) which can be obtained online utilizing the federal or local governmental motor vehicle bureaus sites. DMV.com is not claiming any authority to act on behalf of, nor that we are endorsed, affiliated, sponsored or sanctioned by, any local or federal governmental agency. The specific terms related to payment of fees (if any) may be specified on the Site for the Service(s) of your choosing, and may be updated by us from time to time.
- Fees and charges. We will publish on our Site the fees and charges for our Services. These fees and charges may change from time to time in our sole discretion. Where required by law, we will send notification of invoices to your e-mail address on file with us.
- If you cancel an order after 24 hours of placing it, you may request a refund of your purchase subject to the terms and conditions of our Money Back Guarantee policy.
- You acknowledge that you are authorized to purchase any of the goods or services offered on this Site. You understand that the sale will take place between You and DMV.com or one of its affiliates. You further agree that any purchases made will be done with an authorized credit card, issued to you, of which you have full legal approval and capacity to purchase said products. Furthermore, you acknowledge that the purchased material and governmental forms are delivered over the Internet and may be delivered in Abobe Flash or in Adobe PDF format ONLY and will not be delivered through any “offline” methods, including but not limited to US Postal mail or facsimile. You acknowledge that the DMV.com is not responsible for any computer software or hardware problems, including but not limited to printing the guides, opening and viewing the guides and zooming and changing guide colors and that it is your responsibility to seek third-party assistance in the event of any problems outside of delivery (via the Internet) of any purchases by DMV.com.
- You agree that you may download certain Services and that you are authorized to purchase any of the goods or services offered on this Site when available on the Site such as, toolbars and other custom tailored features to enhance your internet experience.
- Acknowledgement. BY USING DMV.COM’S SERVICES OR ACCESSING THE DMV.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.