Terms of Service

1.00    INTRODUCTION:

This is a legal agreement between DVM DriveSmart and you. It defines our mutual rights and responsibilities. Please read these terms and conditions and our privacy policy carefully and in their entirety before using this web site so that you are fully aware of your rights and obligations.

Welcome to DMV DriveSmart! Please note at the outset that we are a private testing organization whose purpose is to assist you in taking the driver’s license examination in your state. We also provide testing preparation for Motorcycles and for the Commercial Driver’s License (CDL) authorization. This website is the proprietary and copyrighted content of Startto and is not owned or operated by, nor affiliated with, any federal, state, county, or city government, or any department, bureau, division, or agency of any governmental body. For help or assistance you may contact us at startto.console@gmail.com

1.01   ACCEPTANCE OF AGREEMENT

(A)  You Have Read and Understand These Terms and Conditions.   By accessing this web site and using the free or premium services, you are agreeing to be bound by these Terms and Conditions, along with the Privacy Policy and related site provisions, each and every time that you visit. You agree also to abide by and comply with all applicable federal, state and local laws, statutes, ordinances and regulations, and with our various rules and prohibitions that we list throughout this Agreement, regarding your use of our website, content, services and any software provided therein. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

YOU AGREE THAT THERE IS GOOD AND VALUABLE CONSIDERATION PASSING BETWEEN BOTH PARTIES TO THE AGREEMENT, AND YOU HEREBY ACKNOWLEDGE YOUR VOLUNTARY INTENTION TO BE LEGALLY BOUND TO ALL PROVISIONS AND MATERIALS THAT COMPRISE THE AGREEMENT.

YOU AGREE TO COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, AND ANY SOFTWARE PROVIDED THEREIN.

(B) Under 18 Requires Adult Permission.   You agree that by accessing or using the service, you, the Customer, hereby verifies and agrees that you are lawfully able to enter contracts; and that you are at least 14 years of age or older.  If you are under the age of 18 and choose to purchase a Premium account, you must also have an adult parent or guardian agree to the establishment of a “family account” which requires that the parent or guardian must provide their valid credit card or other bank information acceptable to DVM DriveSmart  for payment of all fees of the program(s) selected. The adult parent or guardian must confirm to DVM DriveSmart  that he/she/they are aware of the applicant’s enrollment in the program and that they give permission for same, along with acknowledging their responsibility to pay, according to our normal protocol, any fees that are incurred by the minor.

(C)  COPPA Compliant.  These procedures and policies are designed to be fully compliant with federal mandates embodied in the Children's Online Privacy Protection Act (“COPPA”), which provides children and their parents or guardians with meaningful protection of their privacy rights. In that connection, we do not collect information from or accept any form of account relating to  any minor 13 years of age or younger.

1.02    SIGNATURES, ELECTRONIC NOTICES, OTHER CONSENTS

(A) Digital Signature.  By registering for a Premium account, or by using any of the free tests, you are deemed to have executed this Agreement, the Privacy Policy and other related materials that may be referenced, effective on the date you first registered or used the free tests, whichever occurs first. Pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.), your account registration or starting your first use of our practice test constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms and Conditions, and any amendments.

(B)  Consent To Use and Receive Electronic Records and Notices.   You may at times be entitled to receive certain records or notices from DVM DriveSmart, such as amendments, notifications, changes, communications, and the like.  To facilitate your use of our Website and services, you give us permission to provide these records to you electronically by email or on the Website instead of in paper form.

We do reserve the right, in our sole discretion, to communicate with you via your email address under which your account is registered.  At the same time, your consent to receive records and notices electronically will remain in effect until you withdraw it.  You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support.  If you withdraw your consent, however, we will revoke your access to the Site and the Site Services, and you will no longer be permitted to use the Site or the Site Services.  Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.  Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective

1.03    NO GOVERNMENT AFFILIATION – DMV MANUAL GOVERNS.

As stated, we are not owned, operated or affiliated with the Government. DVM DriveSmart  is not connected to any Department of Motor Vehicles (DMV) in any state or to any other agency or mechanism that administers, creates, processes or grades driving license or permit examinations. Our website contains general information regarding the DMV in each state of the United States for informational and educational purposes only. When we use the acronym "DMV" we are not claiming to act on behalf of, nor that we are endorsed, sponsored or sanctioned by any governmental unit or authority. Where we make a definitive statement regarding the test or the motor vehicle laws or regulations in your state, we are referencing your state’s official DMV manual and/or your state’s motor vehicle laws.  In rare instances, our interpretation of the DMV manual’s wording may be inaccurate in some respect;  you hereby recognize this fact and agree to always rely on the manual and laws in your state as the final word on the official test materials.

Our practice tests are intended for training and learning purposes only. We do not represent that you will get the same exact questions and answers on the official examination.  The practice tests are intended to give you a good idea of what to expect and what to pay particular attention to while studying the driver’s handbook for your State. The testing that we provide tries to follow as closely as possible the subject matter stressed in the DMV handbooks but the actual test questions can never be assuredly predicted so that the client/customer agrees and acknowledges that the testing and learning techniques are helpful tools but they can never assure certain test questions or answers, nor a certain result on an official state examination.

All drivers’ handbooks presented at DVM DriveSmart  are also publicly available at the official web sites of State-specific DMVs.

We are confident that our program mirrors closely the material concepts that will be on your official exam. That is because our experienced experts have spent years continually reviewing each state’s DMV manual to sift the key and changing material for your assistance and preparation. You should, however, always expect to see questions on the official examination that are worded differently from what you have seen before. Fortunately, our experts have incorporated into the DVM DriveSmart   program important learning techniques regarding test preparation so that you will know how to read, approach and analyze the official questions in the most effective manner possible.  If you follow the program that we lay out for you and stay focused on learning the material, your chances will be greatly enhanced.

1.04   Application End User License Agreement (“Standard EULA”)

You acknowledge that this application ("App") is distributed through the [Apple App Store / Google Play] and is subject to the terms and conditions of the respective App Store End User License Agreement ("EULA") provided by [Apple Inc. / Google LLC]. By installing, accessing, or using the App, you agree to comply with the applicable EULA.

App Store EULA Link:

You can access the App Store EULA by clicking here.

3.0 PREMIUM SERVICES

(A) Increase Your Chances With Premium.  We provide a basic service that you can use for free. This includes the basic practice tests, content and functionality. DriveSmart also provides several membership and subscription options that we refer to collectively as “Premium.”  These enhancements include additional practice tests, content and/or upgraded functionality. Your prospects for passing are enhanced significantly when you complete an applicable Premium program as directed.  In fact, your chances are so well substantiated that we even created a program called Pass Guarantee.  

The Fees are subject to different membership plans, gift plans and promotions, and the fees and plans may be modified, increased or changed at any time without advance notice. You can access the latest updated information on our Website. Website users who want to add mobile or tablet access will pay an additional fee and may contact our customer help desk. Consult our website for all prices and features of our programs. PDF e-books are available for download as electronic files only.  DriveSmart does not provide paper copies. In addition, the practice tests are available online and there is no behind-the-wheel component included.
(B) Prices and Payment Method.  All prices appearing on our Website are subject to change without notice. When you open a Premium Account, you authorize DriveSmart to charge the payment method you submitted for all charges that you generate by our services. The different programs and the payment plans, if any, and amounts are set forth on our Website.

4.0 REFUND/CANCELLATION POLICY AND PASS GUARANTEE

(A)  Pass Guarantee:   We are so confident of the results of our powerful learning and testing techniques that we devised a way for customers who do not pass the official knowledge exam to receive a full refund under certain limited, specified conditions.  The Pass Guarantee will be provided only to a customer who meets the following conditions and qualifications:

1. The customer must purchase a plan that provides a Pass Guarantee as part of the package. The customer must then enable Pass Guarantee protection on the website when prompted (immediately after logging into their Premium account for the first time), and successfully pass every practice test for his or her state on DriveSmart.

2. The customer must fail their official knowledge test administered by their state’s DMV and provide a true and correct copy of official proof of failure.

3. The customer must  email us at startto.console@gmail.com and request a refund under the Pass Guarantee program: their most recent completion of all the tests should be not earlier than 30 days before your exam date. We will decide in our sole discretion whether an individual who requests a Refund is entitled to one. Any changes in the foregoing procedures will be instituted at our sole and exclusive discretion and will be published online on our Website and on this page. We reserve the right to modify the conditions for Pass Guarantee at our sole discretion but we will strive to give notification on the Website or herein so that our customers will know the rules. We reserve the right to discontinue this program without advance notice at our sole discretion.

4. The customer claiming the Pass Guarantee refund must be the primary account holder. Additional family members that received their free accounts as part of the Family Sharing packages are not covered by the Pass Guarantee and not eligible for any kind of refund.

(B) Refund Policy:    Driving-Tests also has a discretionary Refund Policy  for Premium customers. You hereby acknowledge and agree that, despite reference to a refund policy, that DMV SmartDrive has a standard no-refund policy.  Like most website businesses, we do not grant refunds because the economic cost of opening, establishing, processing and maintaining a customer’s account is formidable. Therefore, we issue refunds only in rare, meritorious cases, in our sole and exclusive discretion. We sometimes issue a refund where a technical problem has arisen in the delivery or quality of the product or service to the customer. However, you must contact us first and attempt to resolve the obstacle first. If the problem could have been easily resolved and you do not timely contact us about it, then we will not consider a refund.  A technical problem that could justify a refund if it cannot be quickly fixed in certain situations is:

1. Non-delivery of the product: due to some mailing issues of your e-mail provider or mail server, or some technical glitch on our side, you might not receive a delivery email from us. In this case, contacting us for assistance will often resolve the problem.

2. Major defects: although all the PDF products (Cheat Sheets) are thoroughly tested before release, unexpected errors may occur. Such issues must be reported directly to our support department, which usually will result in a resolution, correction and/or re-issuance of the product where we deem it to be justified and appropriate.

3. Product not-as-described: such issues must be reported to our technical support within 14 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the product description page.

Complaints which are based merely on the customer's false expectations or wishes are not honored.  By way of example and not by way of limitation, there is no obligation to provide a refund or credit in the following situations:

1. You changed your mind about the service;

2. You bought the service by mistake;

3. You do not have sufficient expertise to use the service.

4. You need return of your money for some other purpose.

Once a request for refund is received, DriveSmart will review it. If we in our sole and exclusive discretion believe that a refund, either partial or total, is warranted, we will issue the amount that we determine within 14 business days. Once the refund is issued, the customer's Premium account will be downgraded to a free account.  Please note that when purchasing a product or service through our website you, as a customer, are considered to be aware of our Refund Policy statements and all of the within Terms and Conditions that may be applicable.

Non-Legalese

We provide a full refund under the Pass Guarantee program if you meet certain qualifications; other refund requests are considered at our sole and exclusive discretion.

(C) Cancellation policy.   Customers may cancel their Premium membership and/or subscription at any time by emailing: startto.console@gmail.com  and providing their membership name and e-mail address. If a refund is requested, include your reason for the request. If you cancel your subscription plan after you have paid your current month’s payment, no refund is provided. No refunds are provided for our withdrawal of payments from your automatic renewal program, and as stated below, it is up to you to take steps to stop the automatic payments from recurring. You can do this within our Website. In order to prevent the next upcoming automatic renewal withdrawal, you must inform us of the cancellation within 5 days prior to your subscription renewal date and at the same time you must take the steps to disengage the auto renewal function by going onto our Website and following instructions. Therefore, in order to assure that you are not charged by auto renewal during a transitionary period, you must act in advance, as stated, and prior to the funds being withdrawn by the automatic renewal process. Once the funds are withdrawn, a request for a refund is invalid and not honored.

(D) Cessation of Services Upon Cancellation or Failure to Pay.   We will cease to provide services on your subscription renewal date if you have either notified us of a cancelation prior to that date or if you fail to provide pre-payment for the renewal of the next 30-day period of service, or if you withdraw the authorized pre-payment from your payor.

(E)  Recurring Subscriptions and Automatic Renewal of Premium Account.  If you select a Service with an auto-renewal feature (“Recurring Subscription”), such as but not limited to CDL Premium Monthly, you authorize DriveSmart to maintain your account information and charge that account automatically upon the renewal of the Service you choose, with no further action required by you. In the event that Driving-Tests is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Drive Smart may, in its sole discretion, bill you for the Service and suspend your access to the Service until payment is received. It is your responsibility to cancel the service auto-renewal once it is no longer needed. If you subscribed on our website, you can cancel auto-renewal by contacting Support at startto.console@gmail.com or by going to Settings in your account. If you subscribed using one of our apps, you can cancel the subscription on your device. At the discretion of DriveSmart, we may be unable to provide a full or partial refund in the event that you are charged by our automatic renewal function for services not used.