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Terms and Conditions

Terms and Conditions for Proway CDL LLC

Last Updated: March 2, 2025

1. Introduction and Acceptance

These Terms and Conditions (“Terms,” “Agreement”) constitute a legally binding agreement between you (“Student,” “you,” or “your”) and Proway CDL LLC, an Illinois limited liability company (“Proway,” “we,” “us,” or “our”), governing your enrollment in, participation in, and completion of any commercial driver’s license (CDL) training program, course, or service (collectively, the “Program”) offered by Proway CDL LLC.

By submitting an application, enrolling in the Program, making any payment, attending any training session, or otherwise accessing or using any part of the Program, you acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms and Conditions.  If you do not agree to all of these Terms, you are expressly prohibited from enrolling in or participating in the Program, and you must discontinue any use immediately.

2. Eligibility Requirements

To be eligible to enroll in the Program, you must meet all of the following requirements, and you represent and warrant that you do meet them:

  • Age: You must be at least 18 years of age to obtain a CDL and to attend or have courses with PROWAY. If applicable state/country of IL is different, we adjust and require by local authority.
  • Driver’s License: You must possess a valid, non-expired driver’s license issued by your state of residence.  This license must be in good standing and not be subject to any suspension, revocation, or cancellation.
  • Medical Fitness: You must meet all applicable medical and physical requirements as mandated by the Federal Motor Carrier Safety Regulations (FMCSRs), specifically 49 CFR Part 391, Subpart E. This includes passing a Department of Transportation (DOT) physical examination conducted by a certified medical examiner listed on the National Registry of Certified Medical Examiners.
  • Drug and Alcohol Testing: You agree to comply fully with all drug and alcohol testing requirements mandated by the FMCSRs, including 49 CFR Part 40 and Part 382.  This includes, but is not limited to, pre-enrollment, random, post-accident, reasonable suspicion, return-to-duty, and follow-up testing.  Refusal to submit to a required drug or alcohol test, or a positive test result, will result in immediate termination from the Program, without refund.
  • Literacy: Capable of reading roadsigns in United State.
  • English: Student meets guidelines based in Section 391.11 (b) (2.), CFR.
  • Residency:  You must provide proof of residency in Illinois or another state that permits enrollment in an Illinois-based CDL training program.
  • Immigration Status and Legal: Student meets federal requirments.

3. Enrollment and Payment

  • Application: You must complete and submit an accurate and truthful application form, providing all required information and documentation.
  • Tuition and Fees: The total cost of the Program, including tuition, fees, and any other applicable charges, will be clearly outlined in a separate fee schedule provided to you prior to enrollment.
  • Payment Schedule: Payment options and a detailed payment schedule (if applicable) will be provided to you prior to enrollment.  We accept various forms of payment [Specify accepted forms: e.g., credit cards, debit cards, checks, money orders].  Late payments may be subject to late fees, as outlined in the fee schedule.
  • Refund Policy: A detailed refund policy, specifying the conditions under which refunds (full or partial) may be granted, is provided separately and forms part of this Agreement.  This policy will address situations such as withdrawal, dismissal, and Program cancellation.  The refund policy complies with all applicable Illinois regulations, including the Illinois Commercial Driver Training School Act (625 ILCS 50/).
  • Financial Responsibility: You are fully responsible for all tuition and fees associated with the Program, regardless of your completion status, unless otherwise specified in the refund policy.

4. Program Curriculum and Schedule

  • Curriculum: The Program curriculum is designed to meet or exceed all applicable federal and Illinois state requirements for CDL training, as outlined in the FMCSRs (49 CFR Parts 383 and 391) and the Illinois Vehicle Code (625 ILCS 5/). The curriculum will cover all required subjects, including but not limited to:
  • General Knoweldge CDL training and testing..
  • Road side training and knowledge (behind wheel).\par *Vehicle Reviews *Regulations on Safe Roads
  • Drug Test Regulations (as 49 CFR part 40 and CFR  part 383.51. )
  • Schedule: The Program schedule, including class dates, times, and locations, will be provided to you upon enrollment.  Proway reserves the right to modify the schedule due to unforeseen circumstances (e.g., inclement weather, instructor illness).  We will make reasonable efforts to provide advance notice of any schedule changes.
  • Attendance:  Attendance is mandatory for all scheduled classroom sessions, behind-the-wheel training, and other required Program activities. Excessive absences or tardiness may result in academic penalties, up to and including dismissal from the Program, without a refund, as determined by Proway CDL’s attendance policy, a copy will be provided.
  • Progress and Evaluation: Your progress will be regularly evaluated through written examinations, practical skills tests, and instructor observations.  You must achieve a passing grade on all required assessments to successfully complete the Program.  Remedial training may be offered, at Proway’s discretion and possibly at additional cost, if you fail to meet the required standards.
  • Testing: Proway provide test and assessment, based on requirements.

5. Student Conduct

  • Code of Conduct: You agree to abide by a strict Code of Conduct, which is provided separately and incorporated herein by reference. The Code of Conduct will address:
  • Respect:  Treat all instructors, staff, fellow students, and third parties with respect and courtesy.
  • Academic Integrity:  Abstain from cheating, plagiarism, or any other form of academic dishonesty.
  • Safety:  Adhere to all safety rules and regulations, both in the classroom and during behind-the-wheel training. This includes the proper use of all equipment and vehicles.
  • Prohibited Substances:  The possession, use, distribution, or being under the influence of alcohol, illegal drugs, or unauthorized prescription drugs on Proway premises or during any Program activity is strictly prohibited and will result in immediate dismissal.
  • Harassment and Discrimination:  Proway maintains a zero-tolerance policy for any form of harassment or discrimination based on race, color, religion, national origin, gender, sexual orientation, age, disability, or any other protected characteristic, in compliance with the Illinois Human Rights Act (775 ILCS 5/).
  • Attendance Policy: Missing Class without giving reasonable heads-up.
  • Social Media Conduct
  • Disciplinary Action:  Violation of the Code of Conduct may result in disciplinary action, ranging from verbal warnings to suspension or expulsion from the Program, without refund, at the sole discretion of Proway.

6. Use of Equipment and Vehicles

  • Proper Use:  You agree to use all Proway equipment and vehicles (including trucks, trailers, simulators, and classroom technology) solely for their intended purpose and in accordance with all instructions provided by instructors and staff.
  • Damage and Liability:  You may be held financially responsible for any damage to Proway equipment or vehicles caused by your negligence, willful misconduct, or violation of these Terms. Proway will maintain adequate insurance coverage for its vehicles, as required by Illinois law, but this does not absolve you of responsibility for your own actions.
  • Inspection, Use, Operation : Equipment

7. Intellectual Property

  • Ownership: All course materials, training manuals, software, and other intellectual property provided to you during the Program remain the exclusive property of Proway CDL LLC or its licensors.
  • Copyright Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the course materials, except for your own personal, non-commercial use in connection with your participation in the Program.

8. Confidentiality

  • Student Information: Proway will maintain the confidentiality of your personal information in accordance with our Privacy Policy [Link to Privacy Policy] and all applicable laws, including the Illinois Personal Information Protection Act (815 ILCS 530/).
  • Proprietary Information:  You agree to hold in confidence any proprietary information or trade secrets of Proway that you may learn during the Program.

9. Disclaimer of Warranties

Proway CDL LLC provides the program “as is” and “as available,” without any warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Proway does not guarantee that you will pass the cdl licensing examination or obtain employment as a commercial driver. The successful completion of the program does not guarantee employment or any specific level of income. Proway gives all students best chances possible.

10. Limitation of Liability

To the fullest extent permitted by applicable law, Proway CDL LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the program; (ii) any conduct or content of any third party related to the program; (iii) any content obtained from the program; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Proway has been informed of the possibility of such damage. Proway’s total cumulative liability to you for any and all claims arising out of or relating to this agreement or the program shall not exceed the total amount of tuition and fees actually paid by you to Proway.

11. Indemnification

You agree to indemnify, defend, and hold harmless Proway CDL LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (i) your violation of these Terms; (ii) your use of the Program; (iii) your violation of any rights of a third party; or (iv) your negligence or willful misconduct.

12. Governing Law and Dispute Resolution

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.
  • Dispute Resolution: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Cook County, Illinois.

13. Termination

  • By Proway: Proway may terminate this Agreement and your participation in the Program, with or without cause, at any time.  Reasons for termination include, but are not limited to:
    • Violation of these Terms or the Code of Conduct
    • Failure to meet academic or performance standards
    • Non-payment of tuition or fees
    • Falsification of application information
    • Disruptive action.
  • By Student: You may terminate this Agreement by providing written notice to Proway, subject to the terms of the refund policy.
  • Effects: Refunds, Termination effects.

14. Entire Agreement

This Agreement, together with the Privacy Policy, the Code of Conduct, and the Refund Policy (all of which are incorporated herein by reference), constitutes the entire agreement between you and Proway concerning the Program and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Proway.

15. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

16. Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. The failure of Proway to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.

17. Assignment

You may not assign this Agreement or any of your rights or obligations hereunder without the prior written consent of Proway. Proway may assign this Agreement without your consent.

18. Notices

All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

If to Proway CDL LLC: 540 Allendale Dr unit 209 -212, Wheeling, IL 60090, United States

If to you: At the address provided on your application form.

Notices may also be provided via email, with confirmation of receipt required.

19. Amendments

Proway reserves the right to amend these Terms and Conditions at any time. We will post the updated Terms on our website and update the “Last Updated” date. Your continued participation in the Program after any such changes constitutes your acceptance of the revised Terms. 20. Acknowledgement

BY ENROLLING OR ATTENDING COURSES: , YOU ACKNOWLEDGE YOU PROVIDED REASONABLE AND FAIR OPPORTUNITIES, READ AND ASK ANY INQUIRY BEFOREHAND .