Carefully read all the Terms and Conditions including our Privacy Policy before accessing or using our website. By accessing or using the Website, you agree to be legally bound by the Terms and Conditions. If you do not agree with the Terms and Conditions, which referentially incorporates our Privacy Policy, you must not use, access, or open an account for or through the Website.
The Terms and Conditions describe how you use the Thinking Driver Website. The Terms and Conditions may be changed from time to time by Thinking Driver unilaterally and at its sole discretion. Any changes will be posted on the Website and your continued use of the Website indicates your acceptance of the modified Terms and Conditions.
Without Thinking Driver’s prior written permission, you shall not copy, create derivative works, transmit, display, or distribute the Website, which includes the following: text, images, videos, photographs, audio files, graphics, documents, courses, forms, exams, surveys, policies, procedures, assessments, and materials used for the purpose of providing or testing knowledge and gathering information (collectively referred to as “Resources”). Your use of the Website, which in all situations includes Resources, is limited to your sole personal use only. At no time shall you provide, allow or permit anyone else to use your account to gain access to the Website.
Warranties and Liability
Thinking Driver is not responsible for any errors or omissions appearing in the Website or any of the content accessed through the Website. To the fullest extent permitted by law, Thinking Driver does not warrant and disclaims any warranty, expressed or otherwise implied as to the accuracy, correctness, completeness, reliability, timeliness, fitness for any particular purpose or satisfactory quality of the Website and any content accessed though its use. The Website and associated content is provided without warranties of any kind, and you are using them at your own risk. Furthermore, Thinking Driver disclaims all responsibility and liability of any description including, without limitation, liability for negligence, injury, incidental, special, indirect, punitive, or consequential damages, expense or loss (including loss of profits, loss of revenue, loss of savings, loss of information, business interruption, loss of privacy, personal injury or other pecuniary loss) of any kind, direct or indirect, suffered by any person as a result of or in connection with the Website to include any reliance placed by such person on the Website, or the viewing, use or performance of the Website, whether with the required authority or otherwise.
Thinking Driver reserves the right to revise, amend, alter or delete any aspect of the Website in whole or in part, but shall not be responsible for or liable in respect of any such revisions, amendments, alterations or deletions.
Thinking Driver does not warrant and disclaims any warranty that the Website, in whole or in part, or any associated functions will be uninterrupted or error-free, or that defects will be corrected. Furthermore, Thinking Driver disclaims all responsibility and liability of any description including without limitation liability for negligence, injury, incidental, special, indirect, punitive, or consequential damages, expense or loss (including loss of profits, loss of revenue, loss of savings, loss of information, business interruption, loss of privacy, personal injury or other pecuniary loss) of any kind, direct or indirect, suffered by any person as a result of or in connection with the Website to include any reliance placed by such person on the Website, or the viewing, use or performance of the Website, whether with the required authority or otherwise.
Indemnification
You agree to indemnify and hold harmless Thinking Driver and all of its directors, officers, employees, and subcontractors from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the Websites, your violation of the Terms and Conditions, and your violation of applicable laws.
Access and Links
Thinking Driver reserves the right to deny or restrict access to the Website to any particular person, group or organization.
The Website may contain hyperlinks to websites which are not controlled by Thinking Driver. Hyperlinks to other websites are provided solely for your convenience. If you use these hyperlinks and websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
Thinking Driver is not responsible for the availability, accuracy or reliability of the content of websites not controlled by Thinking Driver; nor shall Thinking Driver be liable for any injury, damages, loss or expense howsoever arising from access to those websites. In no circumstance shall Thinking Driver be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on websites which are not controlled by Thinking Driver.
Thinking Driver disclaims any responsibility for the content available on any other website reached by links to or from the Website that are not controlled by Thinking Driver.
Thinking Driver may in its sole discretion disable any links to any websites, including defamatory, infringing, or obscene websites; or websites that contain topics, names, or information that violates any law, or any intellectual property, privacy or publicity rights.
Copyright
The Website is protected by copyright that is held by Spencer McDonald & Associates Inc. Your use of the Websites does not grant you any rights in respect to the copyright.
Law and Jurisdiction
The Terms and Conditions are deemed to have been made and performed exclusively in the Province of British Columbia, Canada, and will be governed by and construed under the laws of that jurisdiction. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of British Columbia for any claim related to the Terms and Conditions or the Website and agree not to bring any action, claim, suit or proceeding against Thinking Driver in any jurisdiction other than the Province of British Columbia.
Severability
To the extent that any provision of the Terms and Conditions is declared by a court or lawful authority of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed and deleted or limited so the remainder of the Terms and Conditions shall continue in full force and effect with respect to all other provisions.
Acceptance on Someone Else’s Behalf
In the event you create an account on the Website on behalf of someone else, you represent and warrant that you have notified them of the Terms and Conditions, and obtained their consent and have the legal authority to agree to the Terms and Conditions on their behalf.
