“Smarty Pants Online Training”

TERMS AND CONDITIONS OF USE

PLEASE CAREFULLY READ THE FOLLOWING TERMS BEFORE

ACCESSING THIS SITE AND SMARTY PANTS ONLINE TRAINING. BY ACCESSING

THE SITE (WHICH INCLUDES SMARTY PANTS ONLINE TRAINING), YOU AGREE

YOU HAVE READ THIS DOCUMENT, AND YOU ACCEPT AND AGREE TO ALL OF

THE COVENANTS AND CONDITIONS IMPOSED IN THIS DOCUMENT. IF YOU DO

NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS THE SITE.

The Customer, or Authorized User of this website, in consideration for the use of the services

provided by Online Professor, LLC, known as “Smarty Pants Online Training,” acknowledges,

agrees to and accepts all of the following terms and conditions set forth in this Agreement:

1. Information:

a. Address: Smarty Pants Online Training

3116 Olde Brownstone Ct. Augusta, GA 30909

b. Customer Service: Email: [email protected]

Telephone: 706-925-6210

2. Definitions:

a. “Company”: Online Professor, LLC

b. “Website”: SmartyPantsOnlineTraining.com

c. “Services”: Access to online professional education and training courses and

other materials known as “Smarty Pants Online Training,” available to Customers and

Authorized users of the Website.

d. “Customer”: individual or entity who has purchased Services from

Company pursuant to this Agreement.

e. “Authorized User”: Individuals who are specifically designated and registered

as authorized users of the website, pursuant to this Agreement. All Authorized Users agree

to be bound by the terms and conditions of this Agreement.

3. Fees; Refund Policy

a. In consideration for the Services provided to the Customer, Customer shall

pay the fees (“User Fee”) according to the schedule outlined on the website. The Company

reserves the right to change the pricing terms for the Services at any time, unless otherwise

agreed to in writing by Company and Customer. Company may suspend, disconnect, or

otherwise terminate Customer’s (including any Authorized User’s) access to the Website or

its Services, immediately upon the nonpayment of any fees.

b. User Fees are non-refundable (subject to the provisions of paragraph 6), and

are due before access to the Services is provided.

4. Limited License: In consideration of the User Fee, Online Professor, LLC

hereby grants to Customer and Authorized User(s), and Customer/Authorized User accepts

a non-transferable, non-exclusive license, without the right to sublicense, to access the

content and information available at SmartyPantsOnlineTraining.com , and Smarty Pants

Online Training, according to the provisions contained herein, and subject to the payment of

the applicable subscription fees. Customer and Authorized User may not copy, distribute or

otherwise share the materials with others. This Limited License is for the duration of time

for which the applicable fees have been paid. Customer and Authorized Users shall make no

attempt to : (a) save, alter, modify, adapt, translate, create derivative works of, merge with

other software or content, improve, reverse engineer, disassemble the software, including the

object and source coed thereof or the content provided on the Website; (b) sublicense,

distribute, sell , loan , or otherwise transfer the Smarty Pants Online Training program, the

contents of the website, or access thereto, to any person other than an Authorized User.

5. Copyright: Smarty Pants Online Training, and SmartyPantsOnlineTraining.com are

owned by Online Professor, LLC and are protected by United States copyright laws and

international treaty provisions. Online Professor, LLC owns and retains all right, title and

interest in and to SmartyPantsOnlineTraining.com and Smarty Pants Online Training and its

contents, including patents, trademarks, copyrights, trade secrets, and other intellectual

property rights embodied or contained therein. Therefore, except as specifically provided

herein, Customer and Authorized User may not copy or distribute the program.

6. Limited Warranties: While Company endeavors to make web access to the Smarty Pants

Online Training course available 24 hours a day, 7 days a week, Company does not warrant

that the Smarty Pants Online Training online course will be uninterrupted nor does it

warrant any particular feature of the course. If there is an interruption of services for more

than 24 hours, that is due to the fault of Company, then the customer shall be entitled to the

choice of a credit for payment of future services, or a partial refund. Company personnel are

available for customer service only during regular business hours. ALTHOUGH

COMPANY HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION, IT

MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE

RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THAT

INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR

OMISSIONS THEREIN. TO THE FULLEST EXTENT PERMISSABLE UNDER

APPLICABLE LAW, COMPANY MAKES NO OTHER WARRANTIES OR

CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR

OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF

NONINFRINGEMENT OR ANY IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY

IMPLED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE,

COURSE OF DEALING OR USAGE OF TRADE.

7. Disclaimers and Limitations of Liability: TO THE MAXIMUM EXTENT

PERMITTED BY LAW, NEITHER COMPANY NOR ANYONE ELSE WHO HAS

BEEN INVOLVED ON BEHALF OF COMPANY IN THE CREATION,

PRODUCTION OR DELIVERY OF SMARTY PANTS ONLINE TRAINING OR ANY

SERVICES PROVIDED IN CONNECTION THEREWITH, SHALL BE LIABLE FOR

ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING

DAMAGE FOR LOSS OF BUSINESS PROFIT, BUSINESS INTERRUPTION, LOSS

OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE

SMARTY PANTS ONLINE TRAINING COURSE, EVEN IF COMPANY HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL

COMPANY OR ITS LICENSORS OR SUPPLIER'S TOTAL CUMULATIVE

LIABILITY FOR LOSS OR DAMAGE UNDER THIS AGREEMENT EXCEED THE

AMOUNT OF FEES PAID BY CUSTOMER FOR THE ONLINE COURSE.

8. Indemnification: Customer and Authorized Users agree to indemnify and hold harmless

Company, its officers, directors, managers, agents and employees from and against any and

all claims, causes of action, including attorneys fees and court costs related to or arising from

Customer’s or Authorized User’s improper or illegal use of the Website, Services, or

Programs, or breach of the terms of this Agreement.

9. Miscellaneous Provisions

a. Complete Agreement: This Agreement, and any accompanying order form,

constitute the entire understanding and agreement of the Customer, Authorized

User, and the Company, and supersedes any and all oral or written agreements or

understandings between the parties.

b. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED

IN ACCORDANCE WITH THE LAWS OF THE STATE OF GEORGIA,

WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS. IN THE

EVENT OF A DISPUTE HEREUNDER, IT IS AGREED THAT VENUE LIES

EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN

COLUMBIA COUNTY , GEORGIA, AND SUCH COURT SHALL BE A

PROPER FORUM IN WHICH TO ADJUDICATE SUCH DISPUTE. THE

PARTIES AGREE TO WAIVE ANY DEFENSE TO AN ACTION FILED IN

SUCH COURT BASED UPON LACK OF PERSONAL JURISDICTION OR

IMPROPER VENUE.

c. Non-waiver: The failure of Company at any time to enforce this Agreement

or any provision hereof shall not be deemed a waiver of that provision or waiver of

any other provision of this Agreement, whether or not of the same or similar nature.

d. If any provision of the Agreement shall be held by a court of competent

jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall

remain in full force and effect. No modification or waiver of any provision of this

Agreement shall by effective unless made in writing and signed by all parties.