The Site is available for use by minors (those under 18 years of age that are preparing for driving School Program only), or If you’re not preparing for driving School program and do not qualify to form legally binding contracts under applicable law., please do not use the Site.
Description Of Services
This Site provides a service (“Service”) whereby Intercom Data Network describes its MVA Driving School Programs and offer Online Driver Improvement Program.
Consideration and Access
Ownership and Limited License
Intercom Data Network shall retain all ownership in the Site and all content generated by it that is displayed on the Site. Intercom Data Network grants you a nonexclusive, revocable right to use the Site provided that you do not:
- (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code,
- (ii) modify or attempt to modify the Site in any manner or form except that you have the right to modify the content that you have generated on the Site.
You agree that Intercom Data Network shall not be liable to you for any modification or discontinuance of the Site and Intercom Data Network may discontinue the Site and the Service without any notice to you. You also agree not to provide samples obtained from the Site to third parties or publish any information concerning such samples without obtaining permission from Intercom Data Network to do so.
If the Site publishes your content or contains public services, chat areas, news groups, forums, communities and/or other message or communication facilities (collectively, “Community Areas”), you agree to use such Community Areas only to send and receive content, messages and other material that are relevant and proper to the applicable forum. By way of example, and not as limitation, you agree not to: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information; use the Site in violation of local, state, national or international law; upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell any goods or services for any commercial purpose on the Site that are not relevant to the Services offered on the Site; conduct or forward surveys, contests, pyramid schemes or chain letters; impersonate another person or allow any other person or entity to use a member’s identification to post or view comments; post the same note repeatedly (referred to as ‘spamming’ which is strictly prohibited); restrict or inhibit any other member from using and enjoying the Community Areas.
Information Product Use and Recommendations
Although the information and recommendations at this Site (hereinafter “Information”) are presented in good faith and believed to be correct, Intercom Data Network makes no representations or warranties as to the completeness or accuracy of Information. Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will Intercom Data Network be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information or the product to which Information refers.
Disclaimer of Warranties And Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE, SERVICES AND PRODUCTS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Intercom Data Network EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. AMONG OTHER MATTERS, Intercom Data Network MAKES NO WARRANTY AND HEREBY DISCLAIMS ANY WARRANTY THAT:
- (1) THE SITE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS,
- (2) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF VIRUSES, ERRORS OR OTHER HARMFUL COMPONENTS,
- (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE,
- (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS, AND
- (5) ANY ERRORS ON THE SITE OR SERVICES WILL BE CORRECTED.
- (1) THE USE OR THE INABILITY TO USE THE SITE, SERVICES, OR PRODUCTS,
- (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR SERVICES,
- (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA,
- (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES, OR
- (5) ANY OTHER MATTER RELATING TO THE SITE, SERVICES, PRODUCTS, LINKS, THIRD PARTY WEB SITES, AND CONTENT.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Intercom Data Network ‘S, NOR Intercom Data Network ASSOCIATE’S, CUMULATIVE AND AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID TO YOU UNDER THIS AGREEMENT IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL DATE OF ANY SUCH CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER Intercom Data Network NOR ANY Intercom Data Network ASSOCIATE IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. TERMINATION OF THIS AGREEMENT WITH Intercom Data Network IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH Intercom Data Network .
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Service must be filed within one (1) year after such claim or cause of action accrues, or be forever barred.
Other Contracts and Indemnification
You agree that you will not disclose to Intercom Data Network or its affiliates any information which you are under an existing contractual or other legal obligation to maintain in confidence or otherwise do not have the right to sell. Should your participation in the Service be found to breach legal obligations you may have with other third parties, you agree to defend, indemnify and hold harmless Intercom Data Network , its officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Service or products obtained therefrom.
The trademarks, logos and service marks (collectively, the “Trademarks”) used or mentioned on this site are registered and unregistered trademarks of Intercom Data Network and other third parties and are legally protected. Be aware that certain product names are trademarks, even if not specifically mentioned. Nothing on this site should be construed as granting, by implication or otherwise, any license or right in or to the Trademarks without the express written permission of Intercom Data Network or such other third party. Your misuse of the Trademarks on this site and in its conditions is strictly prohibited.
Because of the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content, including all laws, rules, codes and regulations of the country in which you reside. In addition, you agree to comply with all laws regarding the transmission of technical data exported from the United States or the country in which you reside.
No Third Party Reliance
You agree that you will not present to third parties any content or material in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of Intercom Data Network . This agreement shall have no third party beneficiaries.
You agree not to utilize or attempt to utilize the servers on which the Site is hosted in any surreptitious manner, including, without limitation, for denial-of-service attacks, nor to take any action that could be considered detrimental to the functioning of the Site. You agree not to intentionally mislead Intercom Data Network as to your identity or through any of your actions, including through your participation in a Community Area or in the acquisition of a product offered at this Site. Nothing in this Agreement shall be construed as making you the partner, joint venture, agent, legal representative, employer, or employee of Intercom Data Network . You shall not have, or hold yourself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of New York, United States of America (excluding any rules governing choice of laws) and any legal proceeding arising out of this Agreement will occur in Washington D.C. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Intercom Data Network and you with respect to the subject matter hereof, and you have not relied upon any promises or representations by Intercom Data Network with respect to the subject matter except as set forth herein.
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.
Term of Agreement
This Agreement will become effective immediately upon any use by you of the Site and shall remain effective unless terminated by either party as provided hereunder. Either party may terminate this Agreement by providing the other with written or e-mail notice of such termination, which shall be effective immediately upon delivery of such notice to the other party. Furthermore, Intercom Data Network may terminate this Agreement immediately for any reason