Terms of Use
This Terms of Use outlines how CDL School Online, LLC collects, uses, and shares information when you access or use the “CDL Wizard” mobile application or any website, mobile website, or other media form related to the application (collectively, the “App”). By accessing or using the App, you agree to the collection and use of your information in accordance with this Terms of Use.
Personal Data Explained
“Personal Data” means information that would allow someone to specifically identify you or contact you physically or online (e.g. your name, physical address, telephone number, e-mail address, credit card information). “Non-Personal Data” means any information other than personal information that we may collect from you.
As used in this Terms of Use, the term Personal Data includes Device Information (defined below) and Order Information (defined below).
Data We Collect
We collect the following Personal Data:
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Registration information you provide when you create an account or enter a promotion, such as your name, state of residence, email address, username, and password;
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Information you provide when you contact us, including information provided in a customer service request;
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“Order Information” when you purchase a service or product through our App, including, your name, billing address, payment information (including credit card numbers), e-mail address, and phone number. Credit card information shall be protected as stated below;
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“Device Information” is automatically collected when you use the App to determine the device accessing the App, such as your unique device identifier.
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As a feature of the App, you may upload photos and user-generated data through your account on the App. Any photos you provide will also be retained by CDL School Online.
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Information you provide in chat rooms, classrooms, or other public forums on the App.
We collect the following Non-Personal Data:
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“Usage Information” about the individual web pages, products, services, or content that you access or view, and information about how you interact with the App or Site, such as the duration of a page visit.
How We Use Your Personal Data
We only collect and use Personal Data to the extent to provide and improve our services. We may use the collected data for many purposes, including:
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To provide and maintain our service;
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To notify you about changes to our service;
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To allow you to participate in interactive features of our service when you choose to do so;
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To provide customer support;
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To gather information to improve our service, including functionality and effectiveness of our products;
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To monitor the usage of the App; and
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To provide you with news, special offers, and other services that we offer.
We may use your Personal Data such as names and test state location to send “push” notifications regarding job postings on the App’s job board. You may opt out by contacting us or through the App. We will never share Personal Data with employers or schools posting on the App without your consent.
We use the Device Information to improve and optimize the App’s compatibility across devices.
We use the Order Information that we collect to fulfill orders placed on, through, or in relation to the App (including, for example, processing your payment information, and providing you with invoices and/or order confirmations). Additionally, we might use the Order Information to communicate with you, screen our orders for potential fraud, and provide you with information or advertising related to our products and services.
“Do Not Track” Signals
We do not support “do Not Track”. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your browser.
Retention of Personal Data
We may retain your Personal Data and Non-Personal Data for as long as we believe necessary to provide and improve our services. We may also dispose of or delete any such data at any time, except as set forth in any other agreement or document executed by both you and us concerning the same or as required by law.
Security of Data
We use commercially reasonable efforts to maintain the confidentiality of the Personal Data you provide to us. However, no security measures are perfect. Therefore, we cannot guarantee that your Personal Data is 100% secure.
We try our best to keep your personal information private while still trying to provide an interactive learning environment. However, we have no control and bear no responsibility regarding how personal information you provide to other users is shared by those users.
Sharing of Personal Data
We may share your Personal Data with our employees, agents, administrators, accountants, financial advisors, and legal advisors for use in connection with the work they perform on our behalf. We also reserve the right to share your Personal Data with our affiliates, business partners, or third party service providers: (a) acting on our behalf or with our permission to provide you with our content, products, or services; (b) acting on our behalf or with our permission to fulfill your requests; (c) acting on our behalf or with our permission to send you marketing and event materials, newsletters, surveys, polls, e-mails, instant messages, or other communications; (d) supporting our operations through software, system, and platform assistance, cloud hosting, data analytics, payment processing, or the like; and/or (e) acting on our behalf or with our permission to provide, manage, administer, maintain, improve, monitor, distribute, operate, or facilitate the Site or the content, products, and services offered or made available on, through, or in relation to the Site.
We may disclose your Personal Data if we are required by law to do so or if you violate our Terms of Service. We will never disclose your Personal Data publicly.
Third-Party Services
We may use or contract with third-party providers to provider a better service to users. In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
We use Unity Analytics to allow users to make purchases within the App. We will provide Unity only the Personal Data that is required to provide this function. More information about what Personal Data Unity Analytics collects can be found at https://thembombs.com/game-privacy-policy.
Once you leave the Site or are redirected to a third-party website or application, you are no longer governed by this Terms of Use or the App’s Terms of Service. When you click on links on our App, they may direct you away from our App. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
Security
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. If you provide us with credit card information, the information in encrypted using secure socket layer (SSL) technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
Age of Consent
By accessing the App, you represent that you are at least seventeen years of age or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this Site.
Changes to This Terms of Use
We reserve the right to modify this Terms of Use at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make a material change to this policy, we will notify you that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our website is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
Access and Changes to Personal Data
Some user Personal Data will be accessible through the user’s account in the App. You may update or change certain Personal Data, such as your name, address, test state, login information, or credit card information, by going to your Account settings. If you would like access to any other personal information we have about you, please see below.
Questions and Contact Information
If you would like to access, correct, amend, or delete any personal information have about you, register a complaint, or simply want more information, please contact us at tyler@pretripprep.com. You may also contact us at the address below.
PO Box 2003, Hillsboro, OR 97123
Terms of Service Agreement
Overview
This Terms of Service Agreement sets forth the terms and conditions governing your use of CDL School Online, LLC’S services, information, products, and tools offered through the “CDL Wizard” mobile application (the “Services”) as well as any other media form, media channel, website, or mobile website related, linked, or otherwise connected thereto (collectively, the “App”). CDL School Online, LLC offers this App, including all services, information, products, and tools conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By using our App and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
CDL School Online, LLC reserves the right, at any time, to modify, alter, or update this agreement without prior notice and will make the most recent version available on the App. It is your responsibility to check this page periodically for changes. Any new features or tools which are added to the current App will also be subject to the Terms of Service. Your continued use of or access to the App following the posting of any changes constitutes acceptance of those changes.
Read these Terms of Service carefully before accessing or using the App. By accessing or using any part of the App, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the App. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Use of the App
By using this App, you represent that (1) you are at least seventeen years or older, (2) you will not access the App through automated or non-human means, whether through a bot, script, or otherwise, (3) you will not use the App for any illegal or unauthorized purpose, and (4) your use of the App will not violate any applicable law or regulation.
We have the right to suspend or terminate your account and refuse any and all current or future use of the App if you provide any information that is inaccurate, false, not current, or incomplete.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
By using this App, you understand that your content (not including personal credit card information) may be transferred unencrypted and involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You may not use the App or our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach of the Terms of Service will result in an immediate termination of your Services.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the App through which the Service is provided, without express written permission from us.
Ownership
All content, applications, digital downloads, data compilations on the App, and all text, photographs, graphics, video and audio included in them created by us (not by you or other users) (“App Materials”), are the property of or licensed to CDL School Online, LLC. The App contains material that is protected by copyright, trademark, or other intellectual property rights, and the App itself is protected as a collective work under the copyright laws of the United States and other countries. Except for user content that you own, you may not download, modify, publish, transmit, create derivative works from, or in any way exploit any component of the App Materials.
The Services contain trademarks, services marks, logos, designs, and other proprietary information (collectively, the “Trademarks”) that are the registered and unregistered Trademarks of CDL School Online, LLC and CDL School Online, LLC licensors. You may not use the Trademarks in connection with any product or service that does not belong to CDL School Online, LLC, or in any manner that is likely to cause confusion among users about whether we are the source, sponsor, or endorser of the product or service, or in any manner that disparages or discredits us. You may not frame the content of the App without express, written consent by CDL School Online, LLC. You may not use metatags or any other “hidden text” that incorporates the CDL School Online, LLC Trademarks or its name without our express written consent.
Products and Services
We offer limited free Services to our users. We reserve the right to limit the scope, content, features, and duration of such Services in our sole discretion.
Other Services are available for purchase through the App, and the choice of Services purchased is within the discretion and determination of the user.
The App is hosted by the Google Play Store and the Apple Store (the “Hosts”). All in-app payments for our Services are done through our Hosts. You agree to provide the Hosts accurate, complete, and current information.
Accuracy of Billing and Account Information
You agree to provide current, complete, and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete transactions and contact you as needed.
Errors, Inaccuracies, and Omissions
Because laws and requirements change, occasionally there may be information on our App or in the Service that contains outdated information, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We take reasonable efforts to update, amend, or clarify information in the Service or on any related website to remain current on the most recent testing standards and requirements. However, it may take time to update all products to align with current test standards. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Personal Information and Other Data
Your submission of personal information through the App is governed by our Privacy Policy.
CDL School Online, LLC will maintain data you transmit to the App to maintain and improve the App, as well as data regarding your use of the App. Although CDL School Online, LLC maintains your data, you alone are responsible for all data that you transmit and data relating to your use of the App. You agree that CDL School Online, LLC shall have no liability for any loss or corruption of data, and you waive any claims against us arising from such data loss or corruption.
User Content
The App is designed to create an interactive learning experience by allowing users to submit content and interact with other users. By submitting content, regardless of form or medium, (collectively, “User Content”) you grant CDL School Online, LLC a non-exclusive, perpetual, irrevocable, world-wide, royalty-free, license to use, publish, publicly display and sublicense User Content, in whole or in part, in original form or as edited or modified by CDL School Online, LLC, in all languages, forms and media, on the App and elsewhere, unless otherwise agreed in writing. CDL School Online, LLC reserves the right, but not the obligation, to edit, modify and/or remove your User Content without prior notice.
You are solely responsible for your User Content and you represent that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all the right granted herein; (b) use a false identity or impersonate any other person or use a name that you are not authorized to use; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, or is otherwise inappropriate.
CDL School Online, LLC retains the right to remove any User Content submitted if it violates these Terms of Service.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the App or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
App Management
We reserve the right, but not the obligation, to monitor the App for violations of the Terms of Service, to take appropriate actions against anyone who violates the Terms of Service, including suspending and terminating of accounts, pursuing legal actions, and reporting such user to law enforcement authorities. We also reserve the right in our sole discretion to refuse submissions of or restrict any means to contribute User Content to the App and to otherwise manage the App.
Reports
CDL School Online, LLC takes reasonable measures to monitor the App for violations, including prohibited use of the App. Should you encounter prohibited User Content or behavior, you may contact us to report the prohibited content using the contact information provided below.
Electronic Communications and Signatures
You consent to receive electronic communications, and you agree that all electronic agreements, notices, disclosures, and other communications delivered, via email or otherwise, satisfy any legal requirement that such communications be in writing. You hereby agree that electronic signatures shall constitute original signatures.
Third-Party Sites
The App and/or content, products, and services available from CDL School Online, LLC may include links to other sites on the Internet that are owned and operated by third parties. CDL School Online, LLC does not endorse and is not responsible for the availability or content of third-party services that may be linked to the App. We encourage you to review the terms and conditions and privacy policies of all third-party sites.
Termination
These Terms of Service shall remain in full force and effect while you use the App. Without limiting any other provision of these Terms of Service, CDL School Online, LLC reserves the right to deny access to and use of the App to any person for any reason without providing prior notice. CDL School Online, LLC may terminate a user’s account or participation in the App and may delete any content or information without warning.
If CDL School Online, LLC terminates or suspends a user’s account, that user is prohibited from creating a new account, under their own name, a pseudonym, or through a third party.
Disclaimer of Warranties; Limitations on Liability
YOUR USE OF THE APP IS AT YOUR OWN RISK. ALL INFORMATION ON THE APP AND/OR INCLUDED IN E-MAILS DISTRIBUTED TO YOU BY CDL SCHOOL ONLINE, LLC IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF NON-INFRINGEMENT OR ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL CDL SCHOOL ONLINE, LLC BE LIABLE TO YOU FOR ANY DAMAGES (INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE APP.
CDL School online, llc does not warrant or guarantee use of the app or services will result in passing any exam and makes no representation whatsoever with respect to the success or effectiveness of any product offered by US. In no case shall CDL School Online, LLC, our managers, members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the services or any products procured using the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify and hold CDL School Online, LLC, its parents, subsidiaries, affiliates, managers, members and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your use of the App, the violation of this agreement, or infringement by you, or other user of the App using your device, of any intellectual property or any other right of any person or entity.
Choice of Law; Forum
Any dispute you have with CDL School Online, LLC arising from or related to these Terms of Service will be governed by Oregon law and the exclusive forum for disputes arising from or related to this agreement shall be Washington County Circuit Court or the United States District Court in Portland, Oregon.
Waiver of Jury Trial
The parties (you and CDL School Online, LLC) irrevocably waive any and all right to trial by jury in any legal proceedings arising from or relating to these Terms of Service.
Severability
If any provision of the Terms of Service shall be deemed unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum extent possible.
Transferability
These Terms of Service and any other agreements referenced herein may be assigned by CDL School Online, LLC, in its sole discretion, to a third party in the event of a merger or acquisition.
Entire Agreement
These Terms of Service and any policies or operating rules posted by us on this App or in respect to the Services offered on the App constitute the entire agreement and understanding between you and us and govern your use of the App and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Contact Information
Questions about the Terms of Service should be sent to us at tyler@pretripprep.com.