DrivActiv Services Schedule

DrivActiv™ Learning Management System (LMS) is provided by Driving Dynamics, Inc. (“DD”) and enables Customer’s administrators using a secure sign-on protocol to access selected Libraries, assign Courseware including any Other Courseware, define learner groups, communicate assignments, manage assignments, track learners' activities, post learner notifications, and create reports all online. DrivActiv™ LMS is accessible directly by Customer through an internet site provided by DD. Learners using a secure sign-on protocol are provided access to and/or receive assignments from Libraries and Courseware including any Other Courseware as selected by Customer. In addition, the LMS also provides a 5 year learning record of learner completions (as long as Customer maintains the account) and on-demand certificates of completion. "Courseware" commonly referred to as e-lessons or modules shall mean programmed instructional presentations, including any quizzes, remedial feedback and downloadable documents, designed to deliver training experiences to the learner provided by DD."Learning Management System (LMS)" shall mean the administrative Software or Program(s) provided by DD to Customer under the Azuga Master Agreement."Library" shall mean a collection of subject matter related Courseware or Courseware types organized for the benefit of learners and accessible on a subscription plan basis."DD Materials" shall mean any software, courseware, programming code, audio files, video files, data, graphics or other materials or resources transmitted to Customer."Other Courseware" shall mean any Customer owned courseware, audio files, video files, data, graphics or other materials or resources installed on the DrivActiv™ LMS. DD reserves the right to remove any content DD views as harmful or content that could subject DD and/or Azuga to a penalty.The software, content, availability and access and all other features, attributes or aspects of the Courseware and LMS are subject to change, modification, additions or deletions at any time without notice in DD's sole discretion. DD and any suppliers of content materials make no warranties or representations of any kind, whether expressed or implied, for the Courseware and LMS DD is providing. DD and any suppliers of content materials also disclaim any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or due to errors or omissions of Customer. Use of any information obtained by way of DD is at Customer’s own risk, and DD specifically denies any responsibility for the accuracy or quality of information obtained through the DrivActiv LMS or any there DD services.