Terms of Service

2. The Platform

INFOMAX TRAINING is an online safety training platform for motor carriers. It provides courses (text, narrated slide and video lessons), quizzes, progress and seat-time tracking, completion certificates, dashboards for Trainers, an AI help assistant, and an AI-assisted spoken English test, the Commercial Driver English Proficiency Test (CD-EPT). We may add, change or retire features and course content over time.

3. Accounts and Roles

• Trainers register an Organization, invite Trainees, enroll them in courses, assign the CD-EPT and view their training records. The Trainer who owns an Organization can invite other Trainers and decide what each one may do.
• Trainees join by invitation from their Organization and take the courses and tests assigned to them. Trainees include CMV operators and office staff.
• You must be at least 18 years old to use the Platform.
• Each account is for one person. Keep your password confidential, do not share your account, and tell us right away at [email protected] if you suspect unauthorized use. You are responsible for activity under your account.
• Information you give us, including your name, must be accurate; certificates show it.

4. Organization and Trainer Responsibilities

An Organization, and each Trainer acting for it, is responsible for:

• inviting only people it is authorized to train, and keeping their details accurate;
• giving its Trainees any notices and obtaining any consents that apply to the Organization as their employer or contracting party, including for test recording, AI-assisted scoring, and any use of results in employment decisions (for example, Illinois law requires employers to give notice when they use artificial intelligence in certain employment decisions);
• using Trainees’ records, recordings and results only for lawful purposes, keeping them confidential, and limiting Trainer permissions to people who need them;
• deciding which training its personnel need and meeting its own regulatory obligations, including keeping training and driver qualification records for the periods the regulations require. The Platform helps with recordkeeping but does not replace the Organization’s own records. Download and keep copies of certificates and other records you are required to retain.

5. License and Content Protection

Subject to these Terms and to payment of any fees, we give each authorized user a limited, non-exclusive, non-transferable, revocable license to access the courses assigned to them for the Organization’s internal training. Course content, including lessons, slides, videos, narration, quizzes, certificates’ design, software, and the INFOMAX TRAINING name and logo, is owned by Infomax or its licensors and protected by intellectual property laws.

To protect course content, the Platform shows the viewer’s name and email over lessons, may block screenshots and screen recording, and limits skipping ahead. You may not copy, record, download (except through features we provide), share, publish, resell or create derivative works from course content, or remove or obscure a watermark.

6. Acceptable Use

You agree not to:

• use the Platform in violation of any law or anyone’s rights;
• let someone else complete your lessons, quizzes or test, or complete them for someone else;
• use outside help, another person, recordings or AI tools to answer the English proficiency test;
• try to bypass seat-time tracking, lesson order, content protection, access controls or rate limits;
• probe, scan or test the Platform’s security, interfere with its operation, or upload malicious code;
• use bots, scrapers or other automated tools to access the Platform;
• enter another person’s personal information without the authority to do so, or enter sensitive personal information into AI help questions.

7. Prices, Payment and Refunds

• Some courses and tests are free; others are paid. Prices are shown in U.S. dollars before checkout. A paid course is bought per Trainee enrollment, and a paid CD-EPT is bought per Trainee assignment. There are no subscriptions or automatic renewals.
• The Organization pays through Stripe’s hosted checkout. A Trainer needs the Organization’s purchase permission to buy. Promo codes apply only as stated, and a code for courses cannot be used for a test.
• We may change prices at any time; a change does not affect a purchase already completed. Fees do not include any taxes that apply, which are your responsibility.

Course purchases are final

All course sales are final. We do not refund course purchases, including when a Trainee does not start or does not finish a course. The only exception is a billing error, such as a duplicate charge or a charge for which no enrollment was created: email [email protected] and we will correct it, by refund to the original payment method through Stripe where a refund is the correction. This does not limit any right that applicable law does not allow us to exclude.

CD-EPT refunds

• A paid test assignment that the Trainee has not started can be cancelled by a Trainer with purchase permission, and that assignment’s price is refunded in full.
• A paid assignment that is still unstarted when its validity period ends is refunded automatically.
• If a test ends because of a technical problem before it is scored, the Trainee can usually retry it. If a retry is not possible, contact us and we will refund that assignment.
• Tests that have been completed and scored are not refundable.
• Refunds go to the original payment method and can take several business days to appear.

Please contact us before disputing a charge with your card issuer, so that we can try to fix the problem.

8. Certificates and What They Mean

• A course certificate is issued when a Trainee completes every required lesson and passes the required quizzes. It shows the Trainee’s name, the course, the Organization, the completion date and a certificate number. It records that the Trainee completed our training material; it does not certify the Trainee’s competence, skill or fitness for any job.
• Certificates, including the CD-EPT certificate, are not professional licenses or government certifications. Our courses are not Entry-Level Driver Training under 49 CFR Part 380, are not a substitute for a CDL skills test, and are not approved, endorsed or certified by FMCSA, the U.S. Department of Transportation or any other government agency.
• Whether a course meets a specific regulatory training requirement (for example, hazardous materials training under 49 CFR 172.704 or supervisor training under 49 CFR 382.603) depends on the Organization’s operations and on any additional function-specific or hands-on training the regulation requires. The Organization is responsible for that determination.
• A certificate is only as reliable as the work behind it. If we find that a certificate was earned in violation of these Terms, we may treat it as invalid and tell the Organization.

9. The Commercial Driver English Proficiency Test (CD-EPT)

• The test is a pre-screening tool. Its content is aligned with the English language requirement in 49 CFR 391.11(b)(2), and its certificate says “Assessment aligned with 49 CFR § 391.11(b)(2).” “Aligned with” describes what the test is designed to measure. Neither the test nor its certificate is issued under that regulation or by or on behalf of FMCSA, the U.S. Department of Transportation or any other agency.
• The test does not certify or disqualify anyone, and its result does not bind a roadside inspector, enforcement officer or other authority, who make their own determinations.
• An AI examiner conducts the conversation and AI produces a draft score. A person on our team reviews every result before it is final. Any employment or qualification decision belongs to the Organization, which should base it on a qualified person’s judgment and all relevant information, not on the test result alone.
• The test records the Trainee’s voice and camera, as explained in the Privacy Policy and the notice shown before the test. Trainees must take the test themselves, alone, without assistance.

10. Training Is Not Legal Advice

Our courses summarize federal and state safety regulations for training purposes. They are not legal advice and do not create an attorney-client or consulting relationship. Regulations, guidance and enforcement policies change, and a course reflects them as of the date it was prepared. Always check the current text of the regulations (for example, at ecfr.gov) and get qualified advice for your specific situation. Separate consulting services from Infomax are governed by their own agreements.

11. AI Features

We use AI tools to narrate course content, to answer questions in the help assistant, to explain quiz answers, and to run and score the CD-EPT. AI output, especially help-assistant answers, can be inaccurate or incomplete. Do not rely on an AI answer for a safety or compliance decision without checking it against the course material or the regulation.

12. Privacy and Training Records

Our Privacy Policy explains how we handle personal information. Trainees’ training records are kept for the Organization’s training program, and Trainers in the Organization can see them as the Privacy Policy describes. We process Trainee information to provide the Platform to the Organization and will not sell it.

13. Feedback and Third-Party Services

If you send us suggestions, we may use them without obligation to you. The Platform relies on third-party services, such as Stripe for payments and video hosts for some lessons. Their own terms apply to your use of them, and we are not responsible for them.

14. Suspension and Termination

You may stop using the Platform at any time, and you can ask us to close your account at [email protected]. We may suspend or close an account, or remove access to content, if you breach these Terms, if required by law, or to protect the Platform, other users or the public. Where reasonable, we will tell you first. When access ends, your license ends; records are kept or deleted as described in the Privacy Policy. Before closing an Organization account, download any certificates and records you need to keep. Sections 5, 7 (amounts owed) and 8 through 22 continue after termination.

15. Disclaimers

To the fullest extent the law allows, the Platform and all content are provided “as is” and “as available,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the Platform will be uninterrupted or error-free, that it will meet every regulatory requirement that applies to you, or that completing training will prevent violations, failed inspections, crashes or penalties.

16. Limitation of Liability

To the fullest extent the law allows, Infomax and its officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, or for fines, penalties or out-of-service orders, arising from or related to the Platform, even if advised of the possibility. Our total liability for all claims related to the Platform will not exceed the greater of the amount you paid us for the Platform in the 12 months before the claim arose, or $100.

These limits do not apply to liability for fraud, gross negligence or willful misconduct, or to any liability that cannot be limited by law.

17. Indemnity

An Organization will defend and indemnify Infomax against third-party claims, and related losses and reasonable legal fees, arising from the Organization’s breach of these Terms, its employment or qualification decisions, or its failure to give its personnel required notices or obtain required consents. We will promptly notify the Organization of a claim and cooperate reasonably in its defense.

18. Governing Law and Venue

The Federal Arbitration Act governs Section 19. Otherwise, these Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws rules. Any dispute that is not arbitrated under Section 19 (because it falls within an exception, because you opted out, or because a court decides it must be heard in court), and any action to compel arbitration or to confirm, modify or vacate an award, will be brought only in the Circuit Court of the Eighteenth Judicial Circuit, DuPage County, Illinois, or the United States District Court for the Northern District of Illinois. You and we consent to the jurisdiction of those courts. This venue clause does not override Section 19.

19. Arbitration Agreement and Class Action Waiver

Please read this section carefully. It affects how disputes are resolved and your right to go to court.

Who and what this covers

This agreement to arbitrate is between Infomax and each user of the Platform, including each Organization, Trainer and Trainee. It covers any dispute, claim or controversy between you and Infomax arising from or relating to these Terms, the Platform, our courses, certificates or CD-EPT tests, or the collection or use of your information, whether based on contract, statute (including privacy and biometric privacy statutes), tort or any other legal theory, and whether it arose before or after you agreed to these Terms (a “Dispute”). If you have a separate signed agreement with Infomax that has its own dispute resolution clause, that clause controls for Disputes under that agreement.

Try to resolve it informally first

Before starting an arbitration or a small claims case, the party with the Dispute must send the other a written notice describing it, the relief sought, and the sender’s name, email address and account email. Send notices to us at [email protected] and to our mailing address in Section 22; we will send notices to the email address on your account. For 60 days after the notice is received, the parties will try in good faith to resolve the Dispute, including by a call if either asks. Limitation periods are tolled during those 60 days.

Binding individual arbitration

• If the Dispute is not resolved, it will be decided by binding arbitration administered by the American Arbitration Association (“AAA”) before a single arbitrator. Disputes between Infomax and an Organization, or a Trainer acting for one, follow the AAA Commercial Arbitration Rules. Disputes between Infomax and an individual acting in a personal capacity, including a Trainee, follow the AAA Consumer Arbitration Rules and Mediation Procedures, or any other AAA rules the AAA decides apply. The rules in effect when the arbitration is filed apply, as modified by this section. They are available at adr.org.
• For an individual’s claim, the individual pays no more than the filing fee the applicable AAA fee schedule assigns to individuals, and Infomax pays all other AAA filing, administration and arbitrator fees. If the individual wins, Infomax will reimburse that filing fee. If Infomax does not pay fees it owes in time for the arbitration to proceed, the individual may choose to bring the claim in court under Section 18 instead. Each party pays its own lawyers’ fees unless the arbitrator awards them under applicable law. For Disputes with an Organization, fees are allocated under the AAA Commercial Rules.
• Hearings take place by video or on written submissions unless the arbitrator decides an in-person hearing is needed. An in-person hearing for an individual takes place in the county where the individual lives; for an Organization, in DuPage County, Illinois.
• The arbitrator may award any individual relief a court could award on the claim, including injunctive relief limited to what is needed for the individual claimant. The award is final and binding, and judgment on it may be entered in any court with jurisdiction.

Exceptions: what may go to court

• Either party may bring an individual claim in small claims court, if it qualifies and stays there.
• Either party may go to court for a claim of infringement or misappropriation of intellectual property, or for a temporary or preliminary injunction to stop unauthorized access to or use of the Platform or its content.
• A claim of sexual harassment or sexual assault may be brought in court if the claimant chooses, as federal law allows.
• Nothing here prevents anyone from reporting a concern to a government agency.

Class action waiver

You and Infomax may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate more than one person’s claims, except as the mass arbitration provisions below allow, and may not preside over any class or representative proceeding. You and Infomax both waive the right to a jury trial.

Mass arbitration

If 25 or more similar Disputes are brought against Infomax, or by Infomax, by the same or coordinated counsel or other organized effort (a “Mass Filing”):

• the AAA’s Mass Arbitration Supplementary Rules and fee schedule apply in addition to the rules above;
• each claimant must still send an individual notice and complete the informal resolution period above;
• the claims will be filed and administered in batches of up to 50, with one arbitrator for each batch where the AAA allows. Batches proceed at the same time as far as the AAA can administer them, and the parties may agree to larger batches or to mediation;
• a ruling in one claimant’s or one batch’s arbitration binds only the parties to it;
• limitation periods are tolled for each claim from the date its notice of Dispute is received until its batch is filed.

If a court decides that any part of these mass arbitration provisions cannot be enforced, that part is removed and the claims proceed individually under the AAA rules alone.

Who decides what

The arbitrator decides all questions about the interpretation, scope, applicability, enforceability and formation of this agreement to arbitrate, except that a court decides: whether a claim falls within one of the exceptions above; whether someone validly opted out; the validity and enforceability of the class action waiver and the mass arbitration provisions; and whether a separate agreement replaces this section.

Your right to opt out

If you are an individual, you may opt out of this agreement to arbitrate within 30 days after you first agree to these Terms. Users who agreed to an earlier version have 30 days from the date we notify them of this version. To opt out, email [email protected] with the subject “Arbitration Opt-Out”, your name and the email address on your account, and a statement that you opt out of arbitration. Opting out does not affect any other part of these Terms or the use of the Platform, and Disputes will then be resolved in court under Section 18.

If part of this section is not enforceable

If the class action waiver is found unenforceable for a claim, or for a request for public injunctive relief, then that claim or request (and only that one) will be severed and heard in court under Section 18, never in a class arbitration. It will be stayed until the individual claims are decided in arbitration. If any other part of this section is found unenforceable, the rest still applies.

Changes and survival

If we make a material change to this section, it will not apply to a Dispute for which a notice was already sent. You may reject the change by emailing [email protected] within 30 days after we notify you of it, in which case the previous version of this section continues to apply to you. This section survives the end of your account and of these Terms.

20. Changes to These Terms

We may update these Terms. We will post the new version here with a new “Last updated” date, and for a material change we will notify Trainers and other affected users by email or in the Platform at least 30 days before it takes effect, unless a faster change is required by law or to address a security risk. Changes do not apply to a dispute that arose before the change, and Section 19 explains how changes to the arbitration agreement work. Continuing to use the Platform after a change takes effect means you accept it.

21. General

• You agree that we may provide notices, receipts and other communications electronically, and that electronic acceptance of these Terms and electronic certificates have the same effect as paper.
• These Terms, the Privacy Policy and any signed agreement with your Organization are the whole agreement about the Platform. If a provision is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver.
• You may not transfer these Terms without our written consent; we may transfer them as part of a merger, acquisition or sale of assets.
• We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of internet or cloud providers.

22. Contact Us

Questions about these Terms: [email protected]

Infomax Consulting Inc.
2760 Forgue Dr, Suite 104
Naperville, IL 60564
www.infomaxci.com