Terms & Conditions

Access to and use of the LA Safe Driver website, including the content, features, and services that are a part of the website (the "Web Site") are subject to the following terms, conditions and notices. By accessing the Web Site you accept and agree to be bound by the terms and conditions set forth herein, including the Privacy Policy that is incorporated herein by this reference (this "Agreement").

Any person who wants to access the Web Site (hereinafter a "Participant") to complete an Online Diversion Program course (a "Course") must accept the terms and conditions set forth in this Agreement without modification or change.

ALL FEES ARE NONREFUNDABLE.

BY USING THE WEB SITE , YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. AS A PARTICIPANT, YOU USE THE WEB SITE AT YOUR OWN RISK.

We reserve the right to change any of the terms and conditions contained in this Agreement, or any policies or guidelines governing the Web Site or the Courses, at any time and in our sole discretion. Any changes will be effective upon posting of the revisions on the Web Site.

Payment Terms and Conditions

Fees are not refundable for any reason. Once you submit payment through the Payment Processing service (see below) or otherwise, you will not be able to obtain a full or partial refund. You should read these terms and conditions in their entirety, and be sure that you understand any other terms, conditions, or requirements imposed by local officials or any other governmental agency with respect to your participation, before you submit your payment.

Illegal Activity

Impersonating any person or completing a Course for another person is strictly prohibited. Such fraudulent conduct violates federal and state laws, and may be reported to law enforcement. In addition, LA Learning reserves the right to immediately terminate your access to the Web Site, and will promptly report such activities to the DA for further investigation and action. By using the Web Site, you expressly agree that LA Learning and its affiliates may access and disclose information it reasonably considers necessary or appropriate, including but not limited to Participant contact details, IP address and traffic information, to cooperate with the requests of local DAs or other governmental officials in their investigation of such conduct.

Standard of Conduct/Prohibited Activities

By accessing and using the Web Site, you agree that you are responsible for your own conduct with respect to the Web Site and for any consequences thereof, and you agree to use the Web Site only for purposes of completing the Course(s) to which you are assigned in a lawful manner. By way of example, and not as a limitation, you agree that when using the Web Site you will not:

Breach or circumvent any laws, third-partyrights, or our systems or policies;
Defame, abuse, harass, stalk,threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Impersonate or attempt to impersonate LA Safe Driver, its affiliates, or third parties associated with the Web Site, the local officials, or any other person or entity;
Register for or use the Web Site under a false name, impersonate any other person, or use an invalid or unauthorized credit card;
Distribute or attempt to distribute viruses or any other technologies that may harm the Web Site, LA Safe Driver, its affiliates, or the Payment Processing Provider (defined below); and
Reproduce, perform, display, distribute, reverse engineer, modify, or prepare derivative works from any portion of the Web Site or the content thereof, or in any other way violate the intellectual property rights of LA Safe Driver or any other person.

Payment Processing

LA SAFE DRIVER offers a payment processing service ("Payment Processing") through a third-party payment processing vendor, First Data, Inc. By using the Payment Processing service, you authorize First Data, Inc. or any successor payment processing vendor (the "Payment Processing Provider") to charge your credit card. Payment Processing is completed through a third-party site operated by the Payment Processing Provider. By using the Payment Processing service to pay, you agree to any additional terms and conditions, policies, or procedures that may be imposed by the Payment Processing Provider. LA SAFE DRIVER and its affiliates and other third parties associated with the Web Site have no control over the Payment Processing Provider or its website or services, and shall not be liable for any actions or omissions on the part of the Payment Processing Provider.

Certain LA SAFE DRIVER Rights

LA SAFE DRIVER has no obligation to monitor Participant activity on the Web Site at any time, other than to report the results of a Participant’s payment to the participating local officials. Notwithstanding the foregoing, LA SAFE DRIVER reserves the right to monitor, for any purpose, any use of the Web Site at any time. LA SAFE DRIVER also reserves the right at any time to disclose any information as necessary to satisfy any applicable policy, law, regulation, legal process, government request, or similar, subject to any applicable privacy laws that may govern such disclosure.

Intellectual Property

The Web Site and its entire contents, features and functionality (including but not limited to all materials, information, illustrations, software, text, displays, images, product layout, icons, navigational buttons, artwork, graphics, photography, data, video, audio, and infrastructure, and the design, selection and arrangement thereof), are owned by LA SAFE DRIVER, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and all such rights are reserved.

This Agreement permits you to use the Web Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Web Site, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Web Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

Modify copies of any materials from this Web Site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Web Site.
You must not access or use for any commercial purposes any part of the Web Site or any services or materials available through the Web Site.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Web Site in breach of this Agreement, your right to use the Web Site will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Web Site or any content on the Web Site is transferred to you, and all rights not expressly granted are reserved by LA SAFE DRIVER and its licensors. Any use of the Web Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

Termination

LA SAFE DRIVER reserves the right, in its sole discretion, to terminate your access to and use of the Web Site or any part hereof, at the direction of the initiating DA, or if LA SAFE DRIVER believes that you have violated or acted inconsistently with the letter or spirit of this Agreement; provided, however, that LA SAFE DRIVER will have no liability or responsibility for the performance or nonperformance of such activities. LA SAFE DRIVER may also, in its sole discretion and at any time, discontinue operation of the Web Site, or any part hereof, subject to the terms and conditions of any agreements it may have with the initiating DA. Any such termination may be effected without any prior notice. LA SAFE DRIVER shall not be liable to you as a result of such termination.

No Warranties; Disclaimer of Damages

THE WEB SITE AND ALL THE CONTENTS HEREOF ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. LA LEARNING AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY THE "DISCLAIMING PARTIES"), TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. DISCLAIMING PARTIES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, SECURITY, QUALITY, AVAILABILITY, COMPLETENESS, OR TIMELINESS OF THE WEB SITE OR THE CONTENTS THEREOF.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEB SITE OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEB SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

DISCLAIMING PARTIES DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE CONTENTS HEREOF RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DISCLAIMING PARTIES ARE NOT RESPONSIBLE FOR THOSE COSTS. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS OR OTHER CONTENTS OF THE WEB SITE OR WITH THIS AGREEMENT, INCLUDING LA LEARNING’S PRIVACY POLICY, OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE WEB SITE.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL DISCLAIMING PARTIES BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR LOST PROFITS) IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEB SITE OR THE CONTENTS THEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT DISCLAIMING PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF FORESEEABLE.

THE FOLLOWING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless LA SAFE DRIVER and its affiliates, their service providers, other third-parties associated with the Web Site, and their respective officers, directors, employees, agents, affiliates and strategic partners, from and against any claims, costs, losses, actions, demands, damages, judgments, penalties, interest or expenses (including reasonable attorneys’ fees) arising or resulting from your use of the Web Site or your breach of the terms of this Agreement. LA SAFE DRIVER shall provide notice to you promptly of any such claim, suit or proceeding and reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

Miscellaneous

Governing Law and Jurisdiction. This Agreement is governed by the internal laws of the State of Louisiana, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in the parish of East Baton Rouge, Baton Rouge, Louisiana, USA in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this paragraph.
Arbitration. Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or termination of this Agreement, shall be submitted to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Louisiana law. The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement will remain in force.
Use of Third Party Vendors. LA SAFE DRIVER may use third-party vendors to create, manage, modify, and operate the Online Diversion Program and the Web Site, including without limitation the Payment Processing service. By agreeing to the terms and conditions of this Agreement, and by using the Web Site, you expressly agree to LA SAFE DRIVER’s use of such third-party vendors and the sharing of information you submit through the Web Site (including personal identifying information) with such third-party vendors, to the extent necessary for LA SAFE DRIVER to operate the Web Site, provide the Courses, and offer the Payment Processing service.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to this Agreement or the Web Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Waiver and Severability. No waiver by LA SAFE DRIVER of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of LA SAFE DRIVER to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Entire Agreement. This Agreement constitutes the entire agreement between the Participant and LA SAFE DRIVER with respect to the Web Site and supersedes all prior or contemporaneous communications, proposals, whether electronic, oral or written, between the Participant and LA SAFE DRIVER with respect to the Web Site.