Terms of Service

 

Frustaci Ventures, LLC d/b/a Stick Shift Driving Lessons Terms & Conditions (“Agreement”)Thank you for your interest in Frustaci Ventures, LLC d/b/a Stick Shift Driving Lessons (SSDL), a Delaware limited liability company. This Agreement sets forth the conditions and terms under which users may access and use our Service. To take advantage of our Service, you must read and accept all of the conditions and terms set forth herein and in the SSDL Privacy Policy[1] and Stick Shift Policies. Any inconsistency between this Agreement, the Privacy Policy, and the Stick Shift Policies is unintentional and this Agreement shall control. If you do not agree to be bound by the conditions and terms herein, you may not use or access SSDL’s Service offered by this Site. It is your responsibility to read this Agreement, Privacy Policy, and Stick Shift Policies before using this Service. BY USING THIS SERVICE, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS. SSDL reserves the right to refuse or cancel Service without prior notice to any user for any or no reason. 

YOU AGREE THAT YOU HAVE READ SECTION V OF THIS AGREEMENT, CONTAINING WAIVERS OF LIABILITY AND A RELEASE OF CLAIMS AND THAT YOU AGREE TO SUCH TERMS AND CONDITIONS.

Please contact us at g@stickshiftdrivingacademy.com with any questions regarding this Agreement.

This Site and any other URLs and Sites administered by SSDL (collectively, the “Site”) are offered by SSDL (collectively, “SSDL” or “we” “our” or “us”) to you, the user, subject to your acceptance of all the terms and conditions set forth below. The terms "you" “your” and “user” refer to all individuals and entities that access the Site(s).  

 

I. General Information

1. SSDL, as the owner of this Site, has developed the services (in the following known as “the Service”) to provide lessons for operation of manual transmissions. This Site is available to individuals eighteen (18) years and older, with a valid driver’s license and registered entities.

2. By using our Service you accept all terms and conditions contained in this Agreement, our Privacy Policy, and the Stick Shift Policies. You agree to use this Service in a consistent manner with all applicable laws and regulations and in accordance with the terms and conditions in this Agreement. We may modify this Agreement at any time. We will post any such changes on the Site. Your continued use of this Service after modifications shall be considered to be your acceptance of such modifications. You are advised to visit this page frequently to remain well acquainted with the most up-to-date versions of this Agreement and our privacy policy. If you do not agree with this Agreement, Privacy Policy, the Stick Shift Policies, or any revised versions thereof, you may not use the Site.

3. All actions that occur under your account, with or without your knowledge, are your own responsibility.

4. We reserve the right to cancel this Agreement and our Service on an individual basis.

5. SSDL reserves the right, in its sole discretion, to refuse Service or access to the Site to any user, or to delete accounts created by users, for any reason whatsoever.

6. You agree to NOT use the Service in any way that violates the terms of this Agreement and you do NOT try to overcome limitations imposed by our Service or your type of user account.

7. If you would like to request additional information regarding this Agreement, please contact us at g@stickshiftdrivingacademy.com.

 

II. Registration

1. Registration is required to use certain aspects and functionality of the Site or to use other functions that require the Service to recognize a user. If you decide to register or sign up for certain services, either by creating an account through the Site or contacting us via email or phone, you will need to give us certain Personally Identifiable Information, such as a valid e-mail address, phone number, password, schedule, billing information (such as billing address and credit card information), driver’s license number, driving history, information about your vehicle, as applicable. You will also have the option to provide other Personally Identifiable Information such as your address and social media usernames/links. This Personally Identifiable Information will be used to personalize and improve your experience with our Service. This information may be disclosed to our third-party vendors, affiliates, manufacturers, or advertisers, who may contact you with information and promotions. You agree that all information provided by you to SSDL is true, accurate, valid, current and complete. For more information on our use of Personally Identifiable Information, please see our Privacy Policy[2] .

2. You may opt-out of receiving mailings, communications, or correspondence from SSDL at any time through the unsubscribe link included in all our communications at any time.

 

III.  Prohibited Uses of SSDL

1. As a condition to your use of this Site and the Service, you agree not to:

a. Upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group;

 b. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

 c. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;

 d. Upload, post, email, transmit or otherwise make available any information, materials or other content that infringes upon another's rights, including any intellectual property rights (including but not limited to, copyrights, patents, trademarks, or trade secrets);

 e. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

 f. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

 g. Reverse engineer, decompile or disassemble any of the software used to provide this Site or the Service and/or resell or redistribute the Service, or any part of the Service or use any unauthorized means to modify or reroute, or attempt to modify or reroute, the Service, including, but not limited to, altering affiliate IDs including in the hyperlinks created by the storefront; 

 h. Interfere with or disrupt this Site or the Service, or any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

 i. Obtain, collect, store or modify the personal information about other users, to harass or stalk any user or member of the Site in any way;

 j. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to 'meta-search' the Site or download data from the Site. SSDL reserves the right to block automated programs that do not comply with these restrictions;

k. Upload, email, transmit, or post any content encouraging illegal activity or racism, hate speech, incitement of hate;

l. Upload, email, transmit or post any other content that SSDL deems to be inappropriate; or

m. Use any Service purchased through the Site for any illegal or unlawful purposes.

n. Use any fake identification documents, or make any misrepresentations about your driving history or ability to legally operate a motor vehicle.

o. Violate the Stick Shift Policies.

2. SSDL reserves the right to investigate and prosecute violations of any of the above to the fullest extent of the law. SSDL may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that SSDL has no obligation to pre-screen or monitor your access to or use of this Site or the Service or any information, materials or other content provided or made available through this Site, but has the right to do so for the purpose of operating this Site and the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. You hereby agree that SSDL may, in the exercise of SSDL's sole discretion, remove or delete any postings, information, materials or other content that violates this Agreement or that is otherwise objectionable;

3. You are responsible for maintaining the confidentiality of your username and password, and all authorized and unauthorized use of your account. You are fully responsible for all activities that occur under your password or account, including any financial liability, and any misuse of your account in violation of this Agreement or the Privacy Policy may result in the termination of your account. You agree to notify SSDL immediately of any unauthorized use of your account by email to g@stickshiftdrivingacademy.com.

 

IV. Intellectual Property

1. Promotional Release. You hereby grant to SSDL the unrestricted and perpetual right and permission to copyright, use, and/or publish pictures, recordings, and/or voice prints of your participation in the Service, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving, or video format, in which you may be included in whole or in part, composite or distorted in form, and reproductions thereof, in color or otherwise (the “Images”), in any media for advertising or any other lawful purpose. You hereby waive and relinquish any and all intellectual property rights that you many have in connection with such use and hereby release the SSDL and its representatives from all claims and liabilities relating to use of said photographs, videos, images, statements or voice prints. 

2. Except for third party intellectual property, the Site and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by SSDL or its licensors. You acknowledge that the Site and any underlying technology used in connection with the Site contain SSDL’s intellectual property and proprietary information. You may not reproduce, reverse engineer, translate, distribute, modify, amend or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Site except as necessary to view the content on the Site and create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Site not expressly granted by SSDL to you are retained by SSDL.

3. All trademarks and copyrights used, implied, or stated in or by the Service belong to their respective owners. SSDL does not lay claim to any trademarks or copyrights of the materials which users pass through the Service, other than as provided for herein. If you believe the Site or a user of the Site is infringing upon your trademark or copyright, please contact us at g@stickshiftdrivingacademy.com with the below information.

4. DMCA/IP Notification Policy

a. To notify SSDL of infringing or unlawful content, please provide SSDL with the following information:

●     Your name, address, telephone number and e-mail address;

●     A description of the exact location on the Site of the infringing or unlawful content;

●     A description of the claimed infringing or unlawful content, specifying which parts you believe infringe or are unlawful and which parts you believe should be removed;

●     In the event that you believe that the content infringes your rights, please include a detailed statement specifying your asserted rights and why the content infringes them;

●     In the event that you believe that the content is unlawful, please include a detailed statement specifying why you believe that the content breaches a particular law; and

●     A sworn and signed statement that the information provided is accurate and that you are directly or indirectly damaged by the content.

b. SSDL takes such notices very seriously. We will evaluate the provided notice and if appropriate based on our sole discretion notify our vendors and users of your claim and/or remove accounts or disable access to the Service. Based on our judgment, we may notify the source of the content of your complaint and our actions in response to your complaint. We reserve the right in our sole discretion to restore such content if the source of such content provides evidence that the content should not have been removed. We encourage you to see the advice of an independent attorney before filing an intellectual property notice or responding to a notice filed by another user.

c. SSDL may be notified of claims of intellectual property infringement by emailing the above requested information to Attn: Giuseppe Frustaci, g@stickshiftdrivingacademy.com.

d. Because SSDL allows content to be posted from third parties and third-party Sites, there is a chance that the ability to remove any allegedly infringing content will be out of our control. While we will make a good faith effort to remove the allegedly infringing content, we strongly suggest that if you believe your intellectual property has been infringed by a SSDL vendor or a user posting content from a third-party Site, we strongly suggest you contact the vendor, third party or third-party site directly and request the allegedly infringing material be taken down.

 

V. Disclaimers, Release, and Waiver of Liability

1. Voluntary Participation. Your use of the Service provided is at your own risk. You understand and confirm that your participation in the Service is voluntary. You are in good health and suffer from no physical or mental condition that would make you especially susceptible to injury or disability while participating in the Service.

 2. Comprehension of Risk. You fully comprehend and accept all of the risks associated with your participation in the Service including, without limitation, injury or death resulting from weather conditions, mechanical failure, motor vehicle accidents, third party negligence and willful misconduct, negligence of instructors, and injuries arising from self-inflicted accidents or mishaps, other participants, motor vehicles, bicyclists and pedestrians. You understand the purpose of the Service is strictly recreational and it is not the function of SSDL, its employees, or its independent contractors to serve as guardians of your safety.

 You agree to listen to and follow the directions of SSDL, its employees, and its independent contractors, to abide by the Stick Shift Policies, and you understand that failure to do so may increase the risk of injury to yourself and to those around you. You agree that you will use good judgment, be self-reliant and stop to request assistance if you are unsure of your ability to complete any segment of the Service safely. You further agree and warrant that if at any time you believe conditions to be unsafe, you will immediately inform SSDL.

 3. Assumption of Risk. You acknowledge and assume all risks, known and unknown, foreseeable and unforeseeable, in any way connected with your participation in the Services which may result in serious or permanent bodily injury or death, and you understand that the risks can be a consequence not only of your own acts or omissions, but also of the actions or negligence of SSDL (including its staff, employees, independent contractors, agents, and representatives), other participating third-parties, or travel conditions, or equipment, or environmental conditions). You understand that the Services may be provided in locations, at venues, and/or in vehicles owned and operated by third-parties and under conditions largely beyond SSDL’s control. You accept personal responsibility for any liability, injury, loss, or damage in any way connected with your participation in the Service.

 4. Release of Liability; Limitation of Damages. You hereby forever and unconditionally release SSDL and its affiliated entities, parent companies, subsidiaries, present and former employees, independent contractors, owners, officers, members, managers, partners, contractors, insurers, shareholders, directors, and volunteers (collectively “Released Entities”), from any and all claims, actions, damages, liabilities, losses, costs, and expenses (including, without limitation, attorney’s fees) for death, injury, loss or damage of property, (collectively “Claims”) in any way arising out of your participation in the Service, including, without limitation, any and all Claims resulting from the negligence of the Released Entities. SSDL’s liability to you will be limited to actual damages arising from Released Entities’ gross negligence or willful misconduct in the performance of their duties and responsibilities hereunder; provided, however, under no circumstance shall your damages in connection with your participation in the Service be greater than $500. Recovery of such amount shall be your sole and exclusive remedy. All liability arising out of your participation in the Service is cumulative and not per incident. In no event shall SSDL be liable for any special, incidental, punitive, or consequential damages or other indirect damages, even if SSDL has been informed of the possibility thereof.

 5. Consent to Medical Treatment. You authorize SSDL to provide to you, through medical personnel of its choice, customary medical assistance, transportation, and emergency medical services. This consent does not impose a duty upon SSDL to provide such assistance, transportation, or services.

 THIS SECTION V IS A WAIVER AND RELEASE OF LIABILITY. YOU HAVE READ THIS SECTION. YOU UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO ITS PROVISIONS. BY PARTICIPATING IN THE SERVICE, YOU ARE INDICATING YOUR VOLUNTARY AGREEMENT TO THE PROVISIONS OF THIS WAIVER AND RELEASE OF LIABILITY.

6. SSDL does not advise on the requirements for and shall not be responsible or liable for any required permits or licensing requirements.

7. Our Services are PROVIDED “as is” and are offered on an “as available” basis. We give no guarantees for the operation of the Site or the Service and by its use you indemnify SSDL of any legal responsibility.

8. SSDL is not responsible for any malfunctions, problems, issues, delays, down-time or bandwidth problems of any sort or kind that may or may not be encountered due to using our Service. You acknowledge that SSDL may establish limits concerning use of the Site. You agree that SSDL has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted on/through the Site. SSDL reserves the right at any time to modify or discontinue the Service or Site (or any part thereof), with or without notice, and that SSDL shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service or Site.

9. SSDL is not liable for damages, direct or consequential, resulting from your use of the Service, any failure to provide Service, suspension of Service, or termination of Service, including, without limitation, any lost profits, business interruption, delivery failures, equipment failures, loss of programs or other data.

10. You agree to indemnify and hold SSDL and its partners, affiliates, service providers, licensors, officers, directors, employees, independent contractors, and agents harmless from any and all losses, liabilities, damages and costs arising from any claims related to: (a) your use of the Site; (b) your violation of this Agreement; (c) your violation of the Privacy Policy; (d) your participation in the Service, and (e) your violation of the Stick Shift Policies, and (f) your violation of any intellectual property or other third party rights or any applicable law in connection with your use of the Site.

11. SSDL does not guarantee the availability of the Service. You agree not to hold us responsible for interruption of our Service of any kind. You acknowledge that from time to time the Service or the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs; (iii) illness of SSDL employees or independent contractors; (iv) motor vehicle malfunctions; or (v) causes beyond the control of SSDL or which are not reasonably foreseeable by SSDL. SSDL does not warrant that the function of the Service will meet your expectations. SSDL does not warrant that you will learn or become proficient in operating a manual transmission vehicle. In no event will SSDL be liable to the user or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of participating in the Service developed and/or implemented by SSDL for any reason whatsoever, even if SSDL has been advised of the possibility of such damages.

 12. SSDL does not/cannot verify, endorse or vouch for the information, ads, banners, articles, or content that are available through the Site and was not produced by SSDL. Some content may be created by unaffiliated third parties. We are not responsible for the accuracy, reliability, effectiveness, or correct use of content, information, or source information provided by third party sites that you receive through the Site. Similarly, SSDL is not responsible for and cannot verify, endorse, or vouch for any third-party information or content on the site including listings, links, messages, advertisements and reviews.

13. You understand that all postings, listings, messages, text, files, images, photos, video, audio or other materials ("Content") posted on, transmitted through, or linked from the Site are the sole responsibility of the person or organization from whom such Content originated. You also understand that SSDL does not control and is not responsible for all Content made available through the Site, and that by using the Site, you may be exposed to content that is offensive, indecent, inaccurate, misleading or otherwise objectionable.

14. Furthermore, the Site and Content made available through the Site may contain links to other web sites that are completely independent of SSDL. SSDL makes no representation or warranty as to the functioning and privacy, or accuracy, completeness or authenticity of the information contained on such web site. Under no circumstances will SSDL be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, linked or otherwise made available via the Site.

15. You are also fully responsible for any Content you post or create on the Site and for the consequences of any such Content. You understand and agree that any uploading or posting will be at your sole risk and SSDL shall not be responsible to you in any way. Further, SSDL does not provide any warranty as to your use of third-party content or software that you obtain from the Site. You acknowledge that SSDL does not pre-screen or approve Content, but that SSDL shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Site, for violating the letter or spirit of this Agreement or for any other reason.

16. You agree that by posting Content, including but not limited to photos, on/through the Site or by email to SSDL, you automatically grant, and you represent and warrant that you have the right to grant, to SSDL, for the purposes of SSDL marketing and promoting SSDL’s Services and the Site (and not for third party advertising or unrelated uses), an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicense of the foregoing. You also understand and agree that SSDL, in its sole discretion, may delete any Content for any reason. SSDL considers any solicited or unsolicited suggestions, ideas, proposals, content of any notes, messages, e-mails, postings, letters, concepts or other material submitted to it by users via the Site or otherwise (collectively, the "Material") to be non-confidential and non-proprietary, and SSDL shall not be liable for the disclosure or use of such Material. If, at SSDL's request, any user sends Material to improve the site (for example through the Forums or to customer support), SSDL will also consider that Material to be non-confidential and non-proprietary and SSDL will not be liable for use or disclosure of the Material. Any communication by you to SSDL is subject to this Agreement. The intellectual property rights in or relating to the Material will automatically be deemed to be assigned, granted and transferred by you to SSDL upon their submission or communication to SSDL, and you do assign all rights therein to SSDL and agree that the same will automatically become the property of SSDL and that SSDL may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose, commercial or otherwise, SSDL may elect, forever, without compensation or accounting to you and without further recourse by you.

17. SSDL allows the use of third party widgets on Sites utilizing the Service but does not warrant the functionality of the Service in conjunction with these widgets and is in no way responsible or liable for any actions pertaining thereto.

 

VI. Payments

1. The fees we charge for using our Services can be found on our Site at http://stickshiftlessons.unstack.website/stick-shift-driving-lessons-near-me.

In addition to the fees for the Service, you authorize SSDL to enter a preauthorization hold on the credit card you provide, in the amount of $1,500.00 (the “Damage Deposit”), at any time that you are receiving lessons through SSDL. In the event of a collision causing damage to a vehicle while you are operating the vehicle during the provision of Services hereunder (a “Covered Accident”), if SSDL determines that you are responsible for the Covered Accident, the Damage Deposit shall be charged and applied as necessary to cover damage to such vehicle resulting from the Covered Accident.

 2. In the event the fee for the Services is listed incorrectly on our Site, SSDL has the right to refuse or cancel any orders placed for Services listed at the incorrect rate whether or not your credit card has been charged. Should SSDL cancel your order, SSDL will promptly refund the amount paid to you, via the payment method you used for the order. The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include sales taxes, if applicable.

 3. Your receipt of an electronic or other form of order confirmation does not signify SSDL’s acceptance of your order, nor does it constitute confirmation of SSDL’s offer to provide the Services. SSDL reserves the right at any time after receipt of your order to accept or decline your order for any reason.

 4. You are responsible for paying all fees and applicable taxes associated with using the Service. You are responsible for reading the description and pricing of items, as applicable, before making a purchase. You are obligated to deliver the appropriate payment Service prior to the Service being provided. Any disputes regarding the Service shall be resolved as required by this Agreement.

5. Collection of Fees. You must have a valid payment method on file (even if utilizing a gift card, free promotion, or credit) and pay all fees associated with our Services by the payment due date. When you provide a payment method (such as a credit card) to us, you confirm that you are permitted to use that payment method. You authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for any and all of transactions on the Site. You also authorize us to collect and store that payment method information, along with other related transaction information. If your primary payment method fails or your account is past due, you authorize us to charge all additional payment methods we have on file, and to employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel. In addition, you may be subject to late fees. If your use of a payment method results in an overdraft or other fee from your bank or provider, you alone are responsible for that fee. SSDL, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, failure to return equipment, or other defaults on your account may be reflected in your credit report. In addition to the amount due, delinquent accounts and/or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts and/or chargebacks including, but not limited to, collection fees and/or convenience fees and/or other third-party charges. You hereby explicitly agree that all communication in relation to delinquent accounts may be made by electronic mail or by phone, as provided to SSDL by you. Such communication may be made by SSDL or by anyone on its behalf, including but not limited to a third-party collection agent. If you wish to dispute the information SSDL reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at Frustaci Ventures, LLC d/b/a Stick Shift Driving Lessons, 101 Orchard Meadow Drive, Shrewsbury, MA 01545. If you wish to dispute the information a collection agency reported to a credit bureau regarding your SSDL Account, you must contact the collection agency directly.

If you use a debit card as your payment method, you agree that SSDL can charge you any amount that becomes due for your account. If you want to change your payment method from direct debit, you can do so at any time through your account settings.

6. If you enter into a transaction with a third party that you discovered through our Site or an SSDL representative and have a dispute over the goods or services you purchased, SSDL has no liability related to such goods or services.

7. If SSDL terminates your account, if you close your account, if you cancel the Services (as provided in the Stick Shift Policies) or if the payment of your SSDL fees cannot be completed for any reason, you remain obligated to pay SSDL for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, please contact us at g@stickshiftdrivingacademy.com.

8. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access and make use of the Service and the Site. You agree to comply with all laws applicable to your activities on the Site and with the terms of this Agreement.

 9. You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. You can update your information in the “My Account” section on the Site. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to SSDL, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer(s) or phone(s). You will comply with all laws applicable to your activities on the Site and with this Agreement.

 10. SSDL may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


 

Credit Card Authorization

 You hereby authorize SSDL to charge the credit card account number provided by you for the Services you purchase through the Site. You additionally authorize SSDL to charge any and all applicable taxes, penalties, advance fees, Damage Deposits, holds, late fees, costs of collection, indemnification obligations, incidental, or any other fees or liabilities that may be due and owing pursuant to this Agreement, Privacy Policy, or Stick Shift Policies.

 You understand and agree that any charges or fees provided for under this Agreement, the Privacy Policy, or Stick Shift Policies as applicable are reasonable and fair compensation to SSDL.  In the event that the fees due exceed the limit on the credit card provided, you agree to provide an additional credit card or to provide payment in full immediately upon notice. You understand and agree that SSDL may charge your card incrementally over time until all fees and liabilities due hereunder are paid in full.

 You will notify SSDL of any dispute or questions you might have with regards to these charges within ten (10) business days of the applicable charge. If you fail to notify SSDL within 10 days, all objections and disputes shall be waived and forfeited.  You agree that you will not institute a chargeback or dispute with your credit card company without first having provided written notice to SSDL as provided for herein and attempting to resolve the dispute amicably with SSDL.

 

VII. Dispute Resolutions

This Agreement and the Privacy Policy and the resolution of any dispute related to this Agreement and the Privacy Policy, or the Site shall be governed by and construed in accordance with the laws of the State of Delaware and the arbitration provisions below. If any provision(s) of this Agreement, the Privacy Policy, or Stick Shift Policies is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. SSDL's failure to exercise or enforce any right or provision of this Agreement, the Privacy Policy, or Stick Shift Policies, will not constitute a waiver of such right or provision unless acknowledged and agreed to by SSDL in writing. The terms and conditions contained in this Agreement, the Privacy Policy, and Stick Shift Policies, constitute the entire agreement between you and SSDL with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this Agreement to any other party and any attempt to do so is void.

1. Arbitration Rights. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

a. Binding ArbitrationThis provision is intended to be interpreted broadly to encompass all disputes or claims arising out of our relationship. Any dispute or claim made by you against SSDL arising out of or relating to this Agreement or your use of the Site or Services (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. In the event of any small claims or collection actions, you shall bring any legal action or proceeding against SSDL exclusively in a state court of competent jurisdiction sitting in Worcester County, Massachusetts, and you agree to submit to the personal and exclusive jurisdiction of such courts. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class or representative basis.

bArbitration ProceduresYou must first present any claim or dispute to us by contacting us in writing at g@stickshiftdrivingacademy.com to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") as modified by this Agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at www.adr.org. You and SSDL agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and SSDL agree otherwise, any arbitration will take place in Worcester County, Massachusetts, and will be conducted in the English language. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the AAA Rules applicable to large/complex cases, the Arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor SSDL may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

cCosts of ArbitrationAll administrative fees and expenses of arbitration will be divided equally between you and SSDL. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

d. Waiver of Punitive Damage Claims and Class Actions. By this Agreement, both you and SSDL are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and SSDL both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.


 

VIII. Miscellaneous

1. All parts of this Agreement apply to the maximum extent permitted by law. If any provision of this contract is held to be invalid or unenforceable, it will be enforced to the extent permitted under applicable law and the remainder of this contract will remain in full force and effect. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and SSDL will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Agreement will not change. This is the entire Agreement between the user and SSDL regarding your use of the service. It supersedes any prior agreement or statements regarding your use of the service. 

2. SSDL may assign this contract, in whole or in part, at any time with or without notice to the user. You may not assign this contract, or any part of it, to any other person or entity. Any attempt by the user to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

3. This Agreement is solely for the benefit of the user and SSDL. It is not for the benefit of any other person, except for permitted successors and assigns under this Agreement.

4. This Agreement is in electronic form. We have the right to send you certain additional information in connection with the Service, including updates to this Agreement. There may be other information regarding the service that the law requires us to send you. SSDL may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service.

We may provide required information to you:

●     by e-mail at the e-mail address you specified when you registered for this Service;

●     by access to a SSDL web site that will be designated in an e-mail notice sent to you at the time the information is available;

●     by access to a SSDL web site that will be generally designated in advance for this purpose;

●     in person when you participate in the Service.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the service.

5. If you are a corporation, partnership or similar entity, then the rights to utilize the services granted under this contract are expressly conditioned upon and you represent and warrant to SSDL that the individual accepting the terms of this Agreement is authorized to bind such entity to the terms and conditions of this Agreement.

6. The express waiver by either party of any provision, condition or requirement of this contract does not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

7. The headings of paragraphs and sections are for reference purposes only, have no substantive effect, and shall not enter into the interpretation hereof. Any rights not expressly granted herein are reserved.


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