TERMS AND CONDITIONS
To access and use the BesideTheWheel.com website in any way (which may without limitation including logging on to, accessing, and browsing on), we ask that you carefully read the terms and conditions herein described in full. These terms govern your use of the BesideTheWheel.com website, its services as well as its content.
We make this website available for your use conditional upon your acceptance in full of all the provisions herein described. If you are not in complete document with any or all of the provisions of this legal document, your only recourse is to immediately stop using the website.
Without prior notice to you and any other user, we may at our discretion revise, review, delete from or add supplementary terms to this document at any time. We will however indicate to you and other users the last updated date of this documentat the top of this page. Your use of the BesideTheWheel.com website after any changes or modifications are made shall be deemed as your acceptance of the reviewed/changed terms and conditions.
ELIGIBILITY/USE OF THE WEBSITE
The website is owned and operated by BesideTheWheel.com LLC, a privately held company in the United States of America, and we have designed and provided this website to serve as platform that allows users to find, rate and review driving schools in their area. We also allow publicly registered driving school to create a listing and maintain a presence on the website.
Persons who are at least 18 years old (or older) or who have reached the age of majority as defined by their states/countries of residence are eligible to use our website for both personal and commercial use. Such persons must be able to form and be legally bound by legal agreements, and must also undergo a registration process to open a BesideTheWheel.com personal user account.
We grant eligible users a limited, reversible and rescindable, non-assignable, non-exclusive, and non-sublicensable license to use the BesideTheWheel.com website in agreement with these terms and conditions.
The copyright in all the materials and content made available on this website is held by BesideTheWheel.com LLC, and you are not to copy, disseminate, duplicate, republish, display, download, communicate or transmit any of the materials available on this websitein any way or in any manner, including but not limited to, mechanical, electronic, recording, photocopying, or in any other way, without BesideTheWheel.com’s written permission.
Users are however permitted to copy and download the materials found on our website for use on the condition that such materials are not in any way modified and that all copyright and proprietary notices within such materials are retained. If you violate any of our provisions, this authorization automatically terminates.
Our website and its services are primarily provided for use for persons who are physically located in United States of America. We do not represent or give any assurances that any service that we provide is suitable or available for use outside of the United States of America, and all international users link and use our website at their own risk and are accountable and liable for compliance with all applicable local laws.
We will ask you to fill out our online registration form and complete a registration process in order to gain access to and/or use some portions of our website. This may require you to provide private information such as name, physical address, e-mail address, phone number, country of residence, and in some cases credit or debit card information.
You hereby represent that all information that you make available on BesideTheWheel.com during the registration process, as well as all information to be subsequently retained on your account, is truthful, current, complete and not intentionally misleading. BesideTheWheel.com reserves the right to refuse you service or terminate service already provided if information that you provide is false, incomplete or deliberately misleading.
COPYRIGHT AND INTELLECTUAL PROPERTY
Except when clearly stated to the contrary, all materials, with the inclusion of pictures, icons, visuals, video clips, designs, written materials and all other materials provided through this website are copyrighted, trademarked, licensed, or controlled by BesideTheWheel.com and/or by certain third parties who have licensed the materials to us. All such materials are protected by US and other international copyright laws. All rights fully reserved.
The Better Driver Education name, BesideTheWheel.com, our logos, page headers, scripts, button icons, and service names made available through or provided in BesideTheWheel.com are trademarks or the trade dress of BesideTheWheel.com LLC in United States of America and other countries.
If, while using this website, you find that any of its content violates your copyrighted and/or trademarked holding(s) please contact our copyright agent at BetterDriverEducation@gmail.com for resolution. Please include “Copyright/Trademark Violation” in the subject line. All materials found to be in violation of US copyright laws will be immediately removed from BesideTheWheel.com.
USER CONTENT AND UPLOADS
We allow users of the BesideTheWheel.com website to upload comments and submit content to the BesideTheWheel.com website, with the provision and understanding that all such user comments and content (collectively referred to as User content) shall be deemed and treated as non-proprietary and in no way confidential. You must therefore exercise caution when making any personal information about yourself publicly available, as our policy means that other BesideTheWheel.com users and visitors will read your content without your knowledge.
You understand and accept that while the copyright to the user content provided by you to the BesideTheWheel.com website remains yours, your provision of that user content automatically grants BesideTheWheel.com a universal, non-exclusive and royalty-free license to use, distribute, duplicate, allocate, repeat, modify, display, interpret, or openly perform such user content ( whether in full or in part) and to utilize such user content in any way, manner or configuration now known or to be later discovered and established without the need to compensate or acknowledge you as the source of the user content.
You hereby represent that you either personally own or own all distribution rights to all user content submitted by you. You may under no circumstances submit copyrighted material, and any type of copyrighted material submitted by you will immediately be dismissed. You stand liable to have legal action brought against you by us if you do not have all necessary rights of ownership/distribution of user content submitted.
We do control or countersign any content, message or information found on any BesideTheWheel.com bulletin board services, news groups, forums, chat areas, communities and/or other message facilities that we may provide. We disclaim all liability in respect to the same and for any actions or inactions that may result from your participation in the website and its services.
LINKS TO THIRD PARTY SITES
For the purpose of convenience only, we may occasionally provide links to the websites of third party companies, resources and e-commerce websites on BesideTheWheel.com. We do not in any way endorse or recommend the content, processes, services and/or products of the linked third-party websites, and you may not take the inclusion of their hyperlinks on our website as an endorsement or commendation of the same, except we state so in very clear and unambiguous terms. As a user, you use all linked third-party websites entirely at your own risk.
GENERAL RULES FOR USING THE WEBSITE
As a user of BesideTheWheel.com website (whether you are a user using the website to find, rate and review driving schools or you are a publicly registered driving school), you hereby represent and guarantee that you will not license, allot, display, make derivative works of, or sell any content from BesideTheWheel.com, without our express written permission.
You may not allocate, transfer or license any other individual to use your BesideTheWheel.com account in any way.
You also may not remove any trademark, copyright or other proprietary notices from any portion of our website without our due authorization, and are proscribed from mirroring, linking to, or framing any part of the BesideTheWheel.com website; or attempting to gain unapproved access to our website, host server, as well as any server, computer or database related to our website.
Do not attempt to gain unauthorized access to or incapacitate any part of our website and related systems; interfere with any other individual’s use of the BesideTheWheel.com website; or create, transfer or store electronic duplicates of materials that are copyright-protected without the express consent of the owner.
You must not intentionally introduce viruses, Trojans, worms, logic bombs or any other malicious or technologically injurious software to our website; send junk and/or spam e-mails and unwanted solicitations to other users; and/or use the BesideTheWheel.com website to spread content or encourage conduct that encourages criminal offenses.
You are not to post or transmit any information, content, picture, or other materials, which in the opinion of BesideTheWheel.com is racist, threatening, obnoxious, sexually explicit, and/or defamatory; and/or post or transmit any information, content, picture, or other materials, which in the sensible opinion of BesideTheWheel.com is capable of insulting any other BesideTheWheel.com users’ religious or political beliefs.
You may not upload files containing corrupted folders, viruses, or any other technologically harmful software or programs.
Do not under any circumstances upload content that purports to be any other person or entity, including without limitation a BesideTheWheel.com official, or falsely state or misrepresent your relationship with a person or entity.
You may not under any circumstances collect other users’ content or their information utilizing automated means like harvesting bots without our prior permission; forge headers or otherwise manipulate identifiers in a bid to disguise the origin of any content transmitted through the website; and/or post content or material that oppresses, degrades, aggravates, or intimidates a person/group of individuals because of religion, sexual orientation, age, race, ethnicity, gender, or disability.
If you are found to breach any or all of the provisions of these terms, you will be held solely responsible for all and any legal costs and losses arising out of your breach. We may terminate your use of the website without any prior warning if you breach any of these terms.
SPECIFIC TERMS FOR PUBLICLY REGISTERED DRIVING SCHOOLS
As a user publicly registered driving school, you hereby agree to these specific terms:
Your driving school must be publicly registered for you to qualify to use the website and its services.
BesideTheWheel.com provides a free listing for all publicly registered driving schools through which such driving schools may advertise their services to members of the public and other BesideTheWheel.com users. You understand and agree that the services we offer under this free listing may be limited.
You may upgrade your free listing to a Basic or Premium listing in order to enjoy more listing features or our listing features in full. You understand and accept that the price (not including applicable taxes) for an upgraded listing is $9 per month (or $108 per year) for Basic listing upgrade and $16 per month (or $192 per year) for Premium listing upgrade, and is payable in full.
You accept that the premium listing fees paid by you shall be renewable every year, upon the anniversary of the first subscription. You understand and accept that this subscription shall be automatically renewed except when you cancel your subscription at least thirty days prior to the expiry of your current subscription.
You understand that all payment information and processing is processed/provided by PayPal and is therefore subject to PayPal Legal Agreements.
LIMITATION OF LIABILITY AND DISCLAIMER
WE OFFER THE BESIDETHEWHEEL.COM WEBSITE ONLY ON AN “AS IS” BASIS, AND MAKE NO REPRESENTATIONS THAT IT WILL LIVE UP TO YOUR REQUIREMENTS OR SATISFY YOUR EXPECTATIONS. WE GIVE NO REPRESENTATIONS OR ANY WARRANTIES OF ANY TYPE, WHETHER DIRECT OR OTHERWISE, REGARDING THE OPERATION OF THE WEBSITE AND/OR ITS SERVICES, CONTENT, INFORMATION, AND MATERIALS.
WE FULLY DISCLAIM EVERY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SUITABILITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE) TO THE FULL DEGREE ALLOWABLE BY RELEVANT LAW. BESIDETHEWHEEL.COM SHALL BEAR NO LIABILITY NOR SHALL IT BE ACCOUNTABLE FOR ANY LOSS, DAMAGE OR HARM YOU MAY ENCOUNTER IN YOUR USE OF OUR WEBSITE, WHETHER SUCH LOSS, DAMAGE OR HARM BE DIRECT, SECONDARY, ACCOMPANYING, PUNITIVE, OR FAR-REACHING.
WE WILL NOT BEAR ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR PHONE, HARDWARE OR SOFTWARE, EMAIL, ELECTRONIC, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES OR PROBLEMS OF ANY KIND; TRUNCATED, PARTIAL, DISTORTED OR LATE COMPUTER AND/OR EMAIL TRANSMISSIONS; OR ANY EVENT BROUGHT ABOUT BY UNFORESEEN CONDITIONS THAT ARE BEYOND OUR CONTROL WHICH MAY MAKE SERVICES TO BE DELAYED, INTERRUPTED, OR CORRUPTED; OR ANY INJURIES, HURTS, LOSSES OR DAMAGES OF ANY KIND AS A RESULT OF YOUR USE OF OUR WEBSITE.
WE MAKE NO ASSURANCES AS TO THE CONTINUITY OF THE WEBSITE OR THAT IT WILL REMAIN ERROR FREE, THAT MISTAKES ONCE DISCOVERED WILL BE REMEDIED OR THAT THE WEBSITE AND ITS SERVICES ARE VIRUS-FREE OR FREE FROM ANY OTHER DELETERIOUS COMPONENTS. BETTER DRIVER EDUCATION FULLY DISCLAIMS ALL WARRANTIES REGARDING THE CONTENT OF THE BESIDETHEWHEEL.COM WEBSITE, INCLUDING, BUT NOT LIMITED TO INACCURACIES, BROKEN LINKS, OR TYPOGRAPHICAL ERRORS.
WE WILL NOT BE LIABLE FOR ANY CONTENT, ADVICE OR INFORMATION POSTED TO THE WEBSITE BY USERS. NOTHING POSTED ON THE WEBSITE IS INTENDED TO SERVE AS OR CONSTITUTE FINANCIAL, DRIVING OR LEGAL ADVICE, AND WE MAKE NO REPRESENTATIONS REGARDING THE HONESTY, ACCURACY, LAWFULNESS, COMPLETENESS, TIMELINESS OR DEPENDABILITY OF ANY DOCUMENTS OR INFORMATION POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. YOU AGREE THAT ANY DEPENDENCE ON DOCUMENTS AND ANY OTHER INFORMATION POSTED OR OFFERED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH OTHER USERS, WILL BE AT YOUR OWN RISK.
TO THE FULL EXTENT THAT IS ALLOWABLE BY LAW, BESIDETHEWHEEL.COM WILL NOT BEAR ANY LIABILITY FOR ANY DIRECT, UNINTENDED OR CONSEQUENTIAL LOSS, HURT OR DAMAGE WHATSOEVER (INCLUDING WITHOUT LIMITATION THE LOSS OF BUSINESS, INFORMATION, OPPORTUNITY, PROFITS OR REVENUE) ARISING OUT OF OR LINKED TO YOUR USE OF THIS WEBSITE.
NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED SO AS TO EXCLUDE OR LIMIT THE LIABILITY OF BESIDETHEWHEEL.COM FOR DEATH OR PERSONAL INJURY AS A RESULT OF THE NEGLIGENCE OF BESIDETHEWHEEL.COM OR THAT OF ITS EMPLOYEES OR AGENTS.
THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPHS MAY NOT BE APPLICABLE TO USERS WHO LIVE IN JURISDICTIONS THAT DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
IF ANY PROVISION OF THIS AGREEMENT IS FOUND TO BE NULL AND VOID BY A US COURT HAVING EXPERT AUTHORITY, THE INVALIDITY OF THAT SINGULAR PROVISION SHALL NOT NEGATE THE ENFORCEABILITY AND VALIDITY OF ALL THE OTHER PROVISIONS OF THIS DOCUMENT. WHILE THE AFFECTED PROVISION IS STRUCK, THE REMAINING PROVISIONS OF THIS DOCUMENT SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to shield, indemnify and hold BesideTheWheel.com innocent, guiltless and blameless against all claims, fees, costs and expenditures (including without limitation accounting and legal costs), and all damages that may arise in connection with your use of the website or your breach of this agreement.
These terms and conditions are construed under and administrated by the laws of the state of Texas, United States of America, and you consent to submit unconditionally and fully to the jurisdiction of its courts. You further agree that Bexar county courts is the appropriate venue for any action that arises under these terms and conditions.
You understand and admit that no waiver of any provision of these terms of service will be deemed a waiver of any similar provision, or a waiver of that provision at a later date. BesideTheWheel.com’s failure to enforce any term of this agreement shall not be taken as a waiver of BesideTheWheel.com’s rights hereunder at any time to enforce the strict compliance thereafter with every term hereof.
We may fully terminate or temporarily suspend your access to the BesideTheWheel.com website, delete your profile as well any content or information uploaded by you on the website for any or no reason, and at any time in our exclusive discretion, without notice to you, effective immediately.
This agreement may be reviewed, modified, changed, added to, or deleted from at any time at BesideTheWheel.com’s discretion without prior notice. Using this website in any way after a change has been uploaded shall be taken as your acceptance of this agreement, as modified. We therefore advise users to check this page frequently.