“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.