Terms & Conditions
By using this site you agree to the terms and conditions set forth below.
1. UNDERSTANDING OF NON RELATION TO FEDERAL, STATE, COUNTY OR CITY GOVERNMENT.
You understand that this site or its products is not endorsed or affiliates
with any government entity, including any federal, state, county, city department,
bureau, division or agency. By using the acronym "DMV" or the phrases "Department
of Motor Vehicle" we are not claiming any affiliation with any government run agency.
2. USE OF DMVCHEATSHEETS.COM. You agree to the terms &
conditions set forth below (the "Agreement") when using DMVCheatSheets.com, its online tests or its
study guide offerings (the "Site" or "Material"). You understand that the Site
is owned and operated by Noctivity, Inc. (the "Company" or "we" or "us").
This also applies to our Privacy Policy as well as Money Back Guarantee, which constitute
the entirety of the agreement between us and You, the site visitor or customer.
3. AS IS NATURE OF INFORMATION. This site, the study guides, practice tests
and all information contained within have been compiled from a variety of diverse
sources. We have used our best efforts to ensure the accuracy of the information
provided but make no guarantees about its accuracy, relevance or validity.
This information is subject to change from time to time without notice and is provided
for information purposes only. You assume the risk that this information may
be inaccurate, out-of-date, incomplete or inconsistent with other choices.
Futhermore, Company strongly recommends that you read and completely familiarize
yourself with your state's driving rules, regulations and laws beyond the information
presented in the Materials and this Site. It is your responsibility to learn
all laws, signs and regulations for the state in which you are seeking a license.
You FURTHER understand that the phrase "CHEAT SHEETS" does not imply any malicious or
illegal acts by Site or Company and that the phrase "CHEAT SHEET" is used strictly
as slang for "STUDY GUIDE." All information within the Materials has been obtained through
publicly available information. None of the information provided within the Materials or Site
allows anyone to cheat, deceive, undermine or otherwise circumvent obtaining any knowledge
that is not available publicly.
We MAKE NO GUARANTEE that the questions and answers we present in our Materials
will actually be asked on your DMV written test. Company has no prior access to each state's
actual DMV testing systems and, as such, has no prior knowledge of what questions will be asked.
4. SITE AVAILABILITY. We make no guarantees regarding uptime
or availability of the Site or Materials purchased.
5. FORMAT OF GUIDES. Our "cheat sheets" or "study guides" are provided in "Flash Paper"
format, which requires You, the customer, to have Adobe Flash installed to view
the guides. Refunds will not be extended based on a lack of installation of
Adobe Flash, which is available free-of-charge from
Abobe.com.
6. TERMS OF SALE
You acknowledge that you are authorized to purchase any of the goods or services offered on this Site. You further agree that any purchases made will be done with an authorized credit card, issued to you, of which you have full legal approval and capacity to purchase said products. You understand that all sales are final and only subject to a refund as outlined in our guarantee (http://www.dmvcheatsheets.com/aboutus/guarantee.aspx).
Furthermore, you acknowledge that the purchased material is delivered over the Internet via Abobe Flash or in Adobe PDF format ONLY and will not be delivered through any "offline" methods, including but not limited to US Postal mail or facsimile. You acknowledge that the Company is not responsible for any computer software or hardware problems, including but not limited to printing the guides, opening and viewing the guides and zooming and changing guide colors and that it is your responsibility to seek third-party assistance in the event of any problems outside of delivery (via the Internet) of any purchases by Company.
7. COPYRIGHT AND TRADEMARKS. The following guidelines are provided
for the use of certain copyrighted materials, such as images, box shots, screen
shots, and text; and for the use of certain trademarked materials, such as logos, marks, and icons. These materials are owned by Company and provided under the license
granted here.
The materials available for download on this site are subject to these license terms,
as well as any specific guidelines contained herein. If you download any materials
from this site, you agree to be bound by these license terms as well as the specific
guidelines related to the materials you wish to download. You may not sell, alter,
modify, license, sublicense, copy, or use the materials in any way other than has
been specifically authorized by Company in writting. You acknowledge that Company
reserves the right to revoke the license and for any reason. You acknowledge that any rights granted to you constitute a license
and not a transfer of title. You do not obtain any ownership right, title, or other
interest in Company copyrighted materials or trademarks by downloading, copying,
or otherwise using these materials.
COMPANY SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OF REVENUE, EXPENSE
OR
PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES,
WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY),
CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF COMPANY HAS BEEN ADVISED OR
HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. ALL MATERIALS ARE PROVIDED
ON AN "AS IS" BASIS. COMPANY SPECIFICALLY DISCLAIMS ALL EXPRESS, STATUTORY, OR IMPLIED
WARRANTIES RELATING TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO THOSE CONCERNING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY THIRD-PARTY
RIGHTS REGARDING THE MATERIALS.
8. GRANT OF LICENSE. By purchasing a Guide from the Site
or Company, you are granted a non-exclusive, revocable limited license to view the purchased
Material on no more than THREE (3) Computers. As stated, you may NOT share, redistribute,
post, sell, modify or copy these Materials in any way for personal,
commercial or private use.
9. THIRD PARTY AFFILIATIONS. From time to time Company may
offer products or services ("Offerings") from third-party web sites or businesses. Company has no control
or liabilty for these third party offerings. As such, Company makes no guarantees
or claims regarding the quality, performance, accuracy or legality of these offerings.
The inclusion of these offerings is strictly for your convenience and selection
of these Offerings is optional. Any third party Offering accessed is done
entirely at your own risk, regardless of our promotion or recommendation of said
Offering.
10. OUTBOUND LINKS. The Site features a number of external
links to various third-party websites, including sites owned by Government entities,
such as DMV websites for specific states. Inclusion of these links does not
represent any relationship between Company, this Site and Government agencies.
Furthermore, any material on third-party websites linked to from this Site is the
ownership and responsibility of the linked site. Please see each external
site's terms and conditions for their unique policies.
11. INBOUND LINKS. You are welcome to link to this Site from
any site that is not illegal, obscene, unethical, promotes abusive or unsafe driving,
violence or illegal acts. Company reserves the right to request immediate
removal of any inbound links to this Site under US Copyright laws. By linking to this site you are not granted any form of a license to our products, copyrights
or intellectual property.
12. PROHIBITED ACTIONS. The Company imposes certain restrictions on your use of the Site. You are prohibitied from violating or attempting to violate any of the following without limitation: (a) the security controls of
this site that prevent unauthorized access to content or for-purchase Materials; (b) accessing for-purchase Materials without an authenticated purchase; (c) attempting to
scan or probe for site or security vulnerabilities; (d) attempting to cause any DOS
(denial of service) attacts or any other means that would result in this Site becoming
inaccessible to others; (e) using this site to send e-mail, promotions, direct mail
or advertisements for any products and services without an express license in writing
from Company. Any violation of system or network security may subject you to civil and/or criminal liability.
13. REPRESENTATIONS AND WARRANTIES.
Site represents and warrants that it has full power and authority to enter into this Agreement.
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT, SERVICES AND MATERIALS IN THE SITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS REGARDING THE ACCURACY, RELIABILITY, USEFULNESS OR COMPLETENESS OF THE SERVICES, CONTENT OR MATERIALS IN THE SITE OR ANY SITE LINKED TO IT. TO THE MAXIMUM EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, DESIGN, ACCURACY, CAPABILITY, SUFFICIENCY, SUITABILITY, CAPACITY, COMPLETENESS, AVAILABILITY, COMPATIBILITY OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, MATERIALS OR FUNCTIONS CONTAINED IN THE SITE WILL BE CONTINUOUSLY AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, SERVICES, CONTENT, MATERIALS OR THE SERVERS THAT MAKE THE SITE OR SUCH SERVICES, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE ACCURATE OR COMPLETE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, CONTENT, MATERIALS, FUNCTIONS OR PRODUCTS AVAILABLE THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OF THE SITE AND SERVICES AND ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
14. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES
OR EXPENSES, COST OF COVER, OR LOST DATA THAT ARISE IN WHOLE OR IN PART FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES OR FUNCTIONS OF THE SITE OR ARISING OUT OF YOUR ACCESS TO, OR INABILITY TO ACCESS, THE SITE OR YOUR RELIANCE UPON, THE SITE OR THE SERVICES, CONTENT OR MATERIALS IN, OR FUNCTIONS OF, THE SITE, PROVISION OF, OR FAILURE TO PROVIDE SERVICES, OR INFORMATION, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE). IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH THE TERMS HEREOF.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 U.S.C. 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB SITE LINKED TO THE SITE. WE WILL NOT BE LIABLE FOR THE PRIVACY OF THE INFORMATION, E-MAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE-SECRET INFORMATION, OR ANY OTHER CONTENT TRANSMITTED OVER NETWORKS ACCESSED BY THE SITE, OR OTHERWISE CONNECTED WITH YOUR USE OF THE SITE.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY US OR OUR AFFILIATES WILL CREATE A WARRANTY OF ANY KIND AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, OR TO DENY ACCESS TO THE SITE TO ANYONE AT ANY TIME. YOU AGREE AND ACKNOWLEDGE THAT WE SHALL NOT HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE SITE.
15. INDEMNITY.
User shall indemnify, defend, and hold harmless Company, and each of its affiliates and their respective officers, directors, shareholders, employees, agents, contractors, partners, and representatives (collectively, the "Indemnitees"), from and against any and all liability, demands, claims, losses, damages, recoveries, settlements, costs and expenses (including interest, penalties, attorney fees, accounting fees, and expert witness fees) ("Losses"), known or unknown, contingent or otherwise, directly or indirectly arising from or related to this Agreement, your use of the Materials or the Site, your conduct in connection with the Materials or the Site or with other Users of the Materials or the Site, any Third Party Content you post or share on or through the Site, or any violation of these Terms of Use or of any law or the rights of any third party.
16. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Materials ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
17. GOVERNING LAW, VENUE & JURISDICTION.
The laws of the State of Nevada, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. You agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Reno, Nevada, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Reno, Nevada. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
18. MISCELLANEOUS PROVISIONS.
User may not assign any of its rights or delegate any of its duties under this Agreement without our prior written consent. Despite such consent, no assignment shall release the assignor of any its obligations or alter any of its primary obligations to be performed under the Agreement. This Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assignees, and no other person or entity shall have or acquire any right by virtue of this Agreement. If any party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, government regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party's performance shall be excused. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty outside those expressly set forth in this Agreement. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties under this Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of this Agreement between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties.
19. COPYRIGHT POLICY
The Company respects the intellectual property of others, and we ask our Users to do the same. It is our policy to respond to clear notices of alleged copyright infringement. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, Users who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification.
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please file a notice of infringement with the Company’s copyright agent containing the information specified below. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. The notice of infringement shall include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; n electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed; description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
20. CONTACTING COMPANY. You may contact the company at the following
address:
By mail
Noctivity Inc (dba Cheat Sheet Publications)
2910 Selwyn Ave, Ste 324
Charlotte, NC 28209
By fax
310-919-3035
By email
help (at) dmvcheatsheets (dot) com.
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