PreTrial Driving User Agreement
Welcome to the Pretrial Driving Internet Website located at http://www.pretrialdriving.com (the "Website"). This Website is a division of Moneta Training, LLC ("monetatraining.com"). Access to and use of our Website are subject to the terms and conditions contained in this Agreement, any other click-through agreements located on our Website and all the laws and regulations of the State of Illinois and the United States of America.
BY ACCESSING OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND WAIVE ANY AND ALL CLAIMS AGAINST MONETA TRAINING, ITS SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES ARISING OUT OF USE OF OUR WEBSITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED ON OUR WEBSITE. YOUR USE OF OUR WEBSITE SHALL BE DEEMED TO BE YOUR UNDERSTANDING OF AND AGREEMENT TO EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW.
Moneta Training reserves the right to change these terms and conditions at any time and you agree to be bound by these changes as they appear on this screen. It is the responsibility of each User to monitor such changes and to determine whether or not to continue to access and use the Website based upon any such changes. The Website is accessible worldwide at no charge by Moneta Training to anyone with Internet access unless otherwise noted. You are responsible for all charges imposed by others associated with accessing the Website, including any computer equipment, telephone or Internet connections and access software.
1. Intellectual Property
The materials displayed on and contained in our Website, ("Materials") including without limitation, all editorial materials, text, photographs, illustrations, artwork and other graphic materials, names, logos, trademarks and service marks, are the property of Moneta Training or its licensors and are protected by copyright, trademark and other intellectual property laws.
2. Access License Grant
Moneta Training grants you the limited right to display the Materials only on your personal computer or personal wireless device, and to copy and download such Materials provided that: (1) any copyright, trademark or other notice appearing on such Materials is also retained by, displayed, copied or downloaded as part of the Materials, and is not removed or obscured and (2) such display, copy or download is used solely for your personal information. Such Materials may not be distributed, transmitted, displayed or broadcast in any manner or for any purpose. You further agree not to modify, edit, alter or enhance the Materials contained on the publications accessible on our Website or to integrate them with the material of others or otherwise create derivative works based on or including materials from the publications, except for purposes of comment, criticism or similar scholarly purposes.
You agree not to upload or otherwise inject any software or other materials into our Website that may cause damage to any one's computer or our Website itself. This includes, but is not limited to, any software or other materials containing viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You agree not to attempt to solicit another user’s Password, Confidential Information Account Information or harvest Screen Names for any purpose. You agree not to access our Website for any unlawful purpose. You agree not to transmit, distribute, or store any information, data or other material in violation of any applicable law (whether established by court opinion, statute, or otherwise), or of any regulation, ordinance or other rule imposed by any governmental authority, including without limitation those governing copyright, consumer protection, unfair competition, antidiscrimination, false advertising, libel or defamation.
3. Prohibited Acts
User Accessing of our Website and/or User’s Information (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other intellectual property, proprietary rights, rights of publicity or privacy rights; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, licensing requirements, anti-discrimination or false advertising); (d) shall not be defamatory, trade libelous, threatening or harassing; (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming or routines that are directly intended or indirectly result in damage, detrimentally interfere with, surreptitiously intercept or expropriate any equipment, system, data or personal information; and (f) shall not violate any of Moneta Training’s Policies relating to our Website or User's Access to our Website may be immediately blocked or terminated by Moneta Training.
4. Moneta Training Right to Terminate User/Remove Content
This limited access right terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited right of display, User agrees to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title or interest in or to the Materials other than a limited right of display or other rule imposed by any governmental authority, including without limitation those governing copyright, consumer protection, unfair competition, anti-discrimination, false advertising, libel or defamation. Moneta Training may suspend or terminate User’s access to our Website if User chooses to market or promote User’s data or transfer data to any venue other than Moneta Training. Moneta Training reserves the right either not to post, or to remove any such data or materials without notice, without liability to Moneta Training. If Moneta Training is made aware of Restricted Website User content that is potentially (i) libelous, scandalous, defamatory, or otherwise unacceptable, undesirable, objectionable or (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright, libel, slander and invasion of privacy laws, then Moneta Training may, in its sole discretion, investigate the charge and determine whether removal of the content is warranted. User hereby expressly releases Moneta Training from any claims or allegations that may result from such removal.
5. Alleged Violations of State or Federal Law
Any matter related to any complaint involving violation of any state or federal law shall be promptly brought to the attention of Moneta Training at the Moneta Training headquarters’ address. As to any complaint for copyright infringement, Moneta Training’s policy whether or not such compliance is expressly required as a matter of law, is to use reasonable efforts to comply with the policy and procedures of the Digital Millennium Copyright Act, unless circumstances reasonably dictate a different approach in a particular situation. Moneta Training hereby serves Notice that it will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives from any third party regarding such conduct. When requested, Moneta Training will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
6. Termination
User will be authorized to use the Restricted User Website only during those periods for which Moneta Training provides User with a password. Moneta Training reserves the right to terminate User's access to the Restricted Website at any time without notice, for any reason (including but not limited to if you violate these Terms) or for no reason. While Moneta Training’s preferred course of action is to advise you of your inappropriate behavior and recommend any necessary corrective action, Moneta Training does not represent that it will nor is it required to either actively monitor such behavior or to provide such notice to you. This Policy pertains to the Restricted User Area of the Moneta Training Website available only through password access. Termination of User access is in addition to all other legal or equitable remedies available to Moneta Training hereunder. Upon termination of this Agreement for any reason, User shall cease to use any Moneta Training Content or Services.
7. Limitation of Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER MONETA TRAINING NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL SPECIAL, PUNITIVE OR SIMILAR DAMAGES, WHETHER IN AN ACTION BASED ON CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE AND THE INFORMATION CONTAINED IN THE WEBSITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION CONTAINED IN THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MONETA TRAINING AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE AND THE INFORMATION AVAILABLE THEREIN.
8. Indemnification
By using our Website, you agree to defend, indemnify, and hold harmless Moneta Training and its agents and employees, against all claims, losses, costs, damages and/or expenses (including reasonable attorneys’ fees) arising out of misuse of our Website or caused by any violation this Agreement.
9. Disclaimer of Warranties
MONETA TRAINING, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MONETA TRAINING, ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NEITHER MONETA TRAINING NOR ITS AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE WEBSITE.
10. Submissions
Any communication or material you post on or transmit to the Website is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant Moneta Training and its affiliates the right to edit, copy, publish, and distribute any information or content you post or transmit for any purpose.
11. Links to Third Party Websites
Moneta Training and its affiliates do not review or monitor any websites linked to our Website and are not responsible for the content of any such linked websites. Your use of such websites is at your own risk.
12. Voluntary Disclosure of Personal Information
You should be aware that if you voluntarily disclose personal information (e.g., user name, e-mail address) on a bulletin board, in a chat room, or otherwise, that information can be collected and used by others and may result in unsolicited messages from other parties. Moneta Training collects personal information that you choose to provide on our Website's registration or subscription pages. Moneta Training uses this information for internal purposes, to send you information about Moneta Training and its publications, from time to time. Moneta Training does not currently provide the information that you provide to Moneta Training to third parties, although Moneta Training reserves the right to do so in the future. If you would like to change any of the information that you have provided to Moneta Training, or if you would like to be removed from Moneta Training’s mailing list, please contact customer service.
13. Security Passwords
You agree that you are entirely responsible for maintaining the confidentiality of any password issued to you. You agree to immediately notify Moneta Training if your password is lost, stolen, disclosed to an unauthorized third party or otherwise may have been compromised. You agree to immediately notify Moneta Training of any other breach of security in relation to our Website that is known to you. You agree that you are entirely responsible for any and all activities that occur using your password, whether or not you are the individual who undertakes such activities.
14. Severability
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision, and such invalid provision shall be deemed to be severed from the Agreement.
15. General
(A) Our Website contains information, including pricing information, concerning Moneta Training’s products and/or services and such information may contain typographical inaccuracies or other errors. Moneta Training reserves the right at any time without notice to make changes to this information. Your continued use of our Website will be deemed to be an acceptance of any modification to the terms of this Agreement made by Moneta Training; (B) This Agreement and any disputes arising out of or related to the Website shall be governed by, and construed and enforced in accordance with, the laws of the State of Illinois giving no effect to its conflict of law provisions You agree to submit to the personal jurisdiction of the circuit court of Williamson County, in the State of Illinois for any cause or action arising out of this Agreement. Any cause of action initiated by you must be initiated within one (1) year after the claim or cause of action has arisen. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. This agreement contains the entire Agreement between you and Moneta Training; (C) If you refuse or fail to abide by the terms and conditions of this Agreement, Moneta Training reserves the right to suspend or terminate your access to contents of our Website; (D) The parties are Independent. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any legal obligation on behalf of the other nor shall this agreement be construed as forming any agency, partnership or joint venture between them; (E) Moneta Training shall provide notice to User via email, or (at its discretion) via certified U.S. Mail, to the address provided on the registration form or such other address provided by User to Moneta Training. User shall provide notice to Moneta Training via email to customer service, with a copy sent via certified U.S. Mail to the address on the registration form; (F) This Agreement, including the Website’s Privacy Policy, constitutes the entire general User agreement between User and Moneta Training and supersedes any prior agreements or understandings between User and Moneta Training. No amendment or modification hereof will be valid or binding upon either party unless made in writing and signed by the authorized representatives of both parties and; (G) User acknowledges and agrees that this Agreement shall in no event be construed as a third party beneficiary contract and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MONETA TRAINING AND SUPERSEDES ALL PROPOSALS OR PRIOR ENDORSEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND MONETA TRAINING OR ANY REPRESENTATIVE OF MONETA TRAINING RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.