By purchasing or utilizing a purchased access code for course(s) from the C3 Training website (or any subdomains listed therein), you, the user, are agreeing to a contractual agreement between C3 Training and yourself. The purchased use by way of access code of any CDL Entry Level Driver Training Theory and Knowledge Course(s) requires a Licensed Application End User Agreement (the License) between a user (Employee or Licensee) and C3 Training, LLC. The application completion indicates your agreement to the following terms:
Definitions and Interpretations:
User/Licensee: any person utilizing the Entry Level Driver’s Training (ELDT) Theory and Knowledge Course(s) provided on the C3 Training website under the intentions of claiming benefits to initiate state and federal requirements of obtaining a commercial driver’s license.
Purchaser: An individual or company employer who provides monetary payment for an access code generated specifically toward course(s) attainment. This purchaser may utilize the access code individually or may grant the use to an employee for use.
Student; An individual registered and participating in a course(s) provided by C3 Training and anticipating outcome reporting on the Federal Training Provider Registry
Access Code: a randomly assorted series of numbers and/or letters that, once purchased, will allow access to a course(s) provided by C3 Training by an assigned individual.
Content: Text, videography, imaging, graphics, interviews, chatbot, FAQs, etc. that are contained within a course of instruction developed and maintained by C3 Training, LLC
Web Application: a domain site, or subdomain that is operated and owned by C3 Training and provides content delivery and data management of content and user information through specific software programming run on a web server and accessed through a web browser.
Learning Management System (LMS):a software application for C3 Training that documents, tracks, reports, automates, and delivers educational courses and/or training materials for learning and development programs.
Commercial Driver Certification Course Curriculum: Entry level driver training material required by the Federal Motor Carrier’s Safety Administration and submitted to a user through the course(s) written and managed by C3 Training.
Acknowledgements:
Licensee acknowledges and agrees the web application, LMS, and digital course made available to it by this Agreement is licensed for use by the Licensee only under the terms herein and the Licensee is granted no ownership interest or right of assignment. The license is accepted upon utilization of a purchased access code toward the course(s) of choice. Licensee’s license to use or access any C3 Training application under this agreement is granted by C3 Training, and it reserves all rights in and to the Licensed application not expressly granted to Licensee under this agreement.
Scope of License:
Licensor grants to Licensee a non-transferable license to use the licensed application (LMS and course(s)). The terms of this agreement will govern any content, materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a custom EULA Licensee may not transfer, redistribute, or sublicense the Licensed Application without Licensor’s consent, which Licensor may give or withhold in its sole discretion. Licensee may not copy, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
Terms of Agreement:
For the term of this Agreement, Golden Ink, LLC agrees to grant Licensee a license to use the Commercial Driver Certification Course curriculum and LMS solely for training purposes and federal reporting on the virtual platform. The Commercial Driver Certification Course will be provided to Licensee for a fee by way of an access code per user. This fee will include student use of the course, testing/federal reporting, hosting services, and help desk support for all users. While C3 Training will do its best to ensure all users are prepared for Behind-the-Wheel training and testing by mastering the knowledge and theory test, C3 Training does not guarantee all participants will successfully complete the end-of-course exam required at 80% accuracy. In the event a student does not pass the course after three attempts, C3 Training will not refund payment for student use, but will work with Licensee to determine next steps for student progression whether it be a determined time allotment, further instruction, or any other modified version of instruction.
Course Enrollment:
Participants will register for the Theory and Knowledge course(s) through C3 Training’s Learning Management System (LMS), a portal controlled and managed by C3 Training. Upon successful completion of the theory portion of the Commercial Driver Certification Course, participants will be required to progress into the lab portion of the training to complete the Behind-the-Wheel requirements to pursue their CDL Credential. C3 Training will not use any identified person’s name or re-registered information aside from de-identified data tracking as requested or desired by C3 training and Licensee.
NO WARRANTY:
Licensee expressly acknowledges and agrees that use of the licensed application is at its sole risk. To the maximum extent permitted by applicable law, the licensed application and any services performed or provided by the licensed application are provided “as is” and “as available,” with all faults and without warranty of any kind, and licensor hereby disclaims all warranties and conditions with respect to the licensed application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions or merchantability, of satisfactory quality of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third party rights. No oral or written information or advice given by the licensor, or its authorized representative shall create a warranty.
Limitation of Liability:
To the extent not prohibited by law, in no event shall Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise). In no event shall Licensor’s total liability to Licensee for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Export Restrictions:
Licensee may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained, including copyright law. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, Licensee represents and warrants that it is not located in any such country or on any such list. Licensee also agrees that it will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Data Storage:
In the event of a breach of security as defined in section 501.171, Florida Statutes, Licensor shall notify the Licensee immediately, but no later than ten calendar days following a determination of a breach of data security. Additionally, Licensor shall fully cooperate, at its own expense, with the Licensee regarding the Licensee’s statutory notification requirements.
Trademark/Confidential Information - Public Record Notice:
If the Licensee is subject to the provisions of the Florida Public Records Law, as codified in chapter 119, Florida Statutes, the parties agree that any claim by Licensor that its records or work is confidential or a trade secret must be made in compliance with s. 812.081 and s. 815.045, Florida Statutes. If the Licensee receives a public records request for materials Licensor has previously and specifically indicated in writing to Licensee is a trade secret, then Licensee agrees to use reasonable efforts to timely notify Licensor of such public records request, at which time Licensor may independently pursue a court order protecting the disclosure of such information. Should a request be made for disclosure of confidential records of Licensor, Licensee shall provide notice to Licensor who may then, at its discretion, respond to the request. Licensor shall notify Licensee, in writing, of its intent to seek protection of the Confidential Information within 10 days of receipt of the Licensee’s notification. Licensor’s failure to notify the Licensee of its intent to seek protection shall authorize the disclosure of the requested information and shall authorize the Licensee to comply with the disclosure request. If Licensor notifies Licensee of its intent to seek a court order protecting the disclosure of the information, then Licensee will take reasonable steps to cooperate with Licensor in contesting such request, requirement or order or in otherwise protecting Licensor rights prior to disclosure. Should Licensor not disclose the records/documents, Licensor shall defend and indemnify Licensee for any fees and costs which are incurred or taxed against Licensee as a result of the non-disclosure.