SMARTER INTERNET USE™ - TERMS AND CONDITIONS AGREEMENT
PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE SIGNING UP FOR ANY COURSES OR OTHERWISE REVIEWING THE SMARTER INTERNET USE™ CONTENT. PLEASE DO NOT USE THIS WEBSITE AS IT RELATES TO SMARTER INTERNET USE™ IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS.
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SMARTER INTERNET USE™
All Users of this site agree that access to and use of this SMARTER INTERNET USE™ content and materials are subject to the following terms and conditions and any other applicable law. If you do not agree to these terms and conditions we ask that you simply do not use this site.
- All sales are final. Refunds are only allowed to the extent the course content has not been initiated and only within 24 hours from course enrollment (when payment is received).
- All courses are for the purpose of providing general informational only. To the extent the content is legal in nature such content shall not be considered legal advice nor relied upon. All questions that are legal in nature relating to the content herein should be directed to legal counsel in your area.
- All works contained within this presentation, in any form, is the sole copyright and trademarks/servicemarks of Smarter Internet Use™. Any copying or reproduction without written consent from Smarter Internet Use™ is strictly prohibited.
- To the extent there are any concerns that result in legal action the parties hereby agree that all matters will be heard before an Arbitrator or, where applicable, a court of competent jurisdiction exclusively in the county of Maricopa, state of Arizona.
All sales are final. Refunds are only allowed to the extent the course content has not been initiated and only within 24 hours from the course enrollment/purchase date/time.
NOT LEGAL ADVICE
All courses are for general information purposes only. To the extent that content is legal in nature, such content shall not be considered as legal advice nor relied upon as such. All questions that are legal in nature relating to the content in any course should be directed to legal counsel in your area who may hear the facts and circumstances of your specific situation and assist you. No attorney/client relationship is being created by providing any basic and general information through the courses or answering of basic questions in relation to the same.
The entire content included in this website (www.smarterinternetuse.com) including but not limited to text, graphics or code are copyrighted as a collective work under the United States and other copyright laws, and is the property of SMARTER INTERNET USE™ (hereinafter “SMARTER INTERNET USE™”). ALL RIGHTS ARE RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the limited sole purpose of placing an order with SMARTER INTERNET USE™ and/or purchasing SMARTER INTERNET USE™ products. You are granted permission to display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with SMARTER INTERNET USE™ and/or to purchase SMARTER INTERNET USE™ products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site (including but not limited to printing, screenshots or recordings) is strictly prohibited without prior written consent from SMARTER INTERNET USE™. You further agree not to change or delete any proprietary notices from information or materials downloaded from the website.
All trademarks, service marks and trade names of SMARTER INTERNET USE™ used herein (including but not limited to the SMARTER INTERNET USE™ name, the name SMARTER INTERNET USE™, the SMARTER INTERNET USE™ LOGO and/or the SMARTER INTERNET USE™ “FONT LOGO”, any/or combination thereof, and 100% of the designs on its PRODUCTS and SERVICES) are trademarks or registered trademarks of SMARTER INTERNET USE™.
THIS WEBSITE AND THE MATERIALS, SERVICES AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SMARTER INTERNET USE™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMARTER INTERNET USE™ DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USERS OF THE WEBSITE DO SO AT THEIR OWN RISK. SMARTER INTERNET USE™ DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. DEPENDING ON THE CIRCUMSTANCES THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
SMARTER INTERNET USE™ SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS, PRODUCTS OR SERVICES ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS SOLD HEREIN, EVEN IF SMARTER INTERNET USE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER USES THE PRODUCTS AND SERVICES AT THEIR OWN RISK. CERTAIN APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO, DEPENDING ON THE CIRCUMSTANCES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Hey, we are human too. In the event a SMARTER INTERNET USE™ product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers or other third-party, SMARTER INTERNET USE™ shall have the right to refuse or cancel any orders placed for the specific product listed at the incorrect price. SMARTER INTERNET USE™ shall have the right to refuse or cancel any such orders whether or not the order has been confirmed by SMARTER INTERNET USE™ and your credit card charged. If your credit card has already been charged for the purchase, your order is cancelled, and the product has not already been delivered (the course content hasn’t been accessed) SMARTER INTERNET USE™ shall issue a credit to your credit card account in the amount of the incorrect price if the price paid.
These terms and conditions are applicable to you upon your accessing the website and/or completing the registration or shopping process on the website. Users of the website are encouraged to review the terms and conditions from time to time to keep up to date about the provisions they are agreeing to. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
SMARTER INTERNET USE™ may deliver any appropriate notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in SMARTER INTERNET USE™'s customer records.
NON-WAIVER AND ASSIGNMENT OF RIGHTS
The failure of SMARTER INTERNET USE™ to exercises or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of SMARTER INTERNET USE™ or you to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, SMARTER INTERNET USE™ may assign its rights and duties under this Agreement to any party at any time without notice to you.
ARBITRATION OF CLAIMS
Pursuant to A.R.S. §§ 12-133(D) and 12-1501, any and all claims arising from or relating to the performance, alleged breach, termination, interpretation, operation or validity of this Agreement shall be subject to binding arbitration. Arbitration of claims pursuant to this section shall take place in Phoenix, Arizona before the American Arbitration Association in accordance with its Commercial Arbitration Rules, or before any other mutually agreed arbitrator or arbitral entity. The costs of arbitration, including the arbitrator’s fees, shall initially be paid equally by both parties, subject to reallocation by the arbitrator’s final award. The party prevailing in arbitration shall be entitled to its reasonable attorney’s fees and costs as part of the award. Judgment on the arbitration award may be entered in any court in any legal or judicial jurisdiction thereof pursuant to A.R.S. § 12-1511.
CHOICE OF LAW, VENUE, WAIVER OF JURY TRIAL
This Agreement shall be exclusively governed by and construed in accordance with, and the User exclusively and irrevocably attorns to, and agrees to apply, the laws of the State of Arizona and the federal laws which may be applicable herein, to the exclusion of all other laws in any jurisdiction or country. The User understands and agrees: (i) Should any event arise wherein the Arbitration of Claims clause is rendered invalid or is otherwise found to not be applicable or available, the Parties agree that that any action or other legal proceeding relating to this Agreement shall be brought exclusively in any court of competent jurisdiction located in Maricopa County, State of Arizona, and for that purpose the User now irrevocably and unconditionally agrees and submit to the jurisdiction of such Arizona court; (ii) that the User irrevocably waives any right to, and will not, oppose any such Arizona court action or proceeding on any jurisdictional basis, including forum non conveniens; (iii) the User will not take the position that another state or country is the appropriate forum for such proceeding, and will not initiate, commence, or continue such proceedings in another state or country; (iv) the User will not oppose the enforcement against you in any other jurisdiction of any judgment or order duly obtained from an Arizona court as contemplated by this section; and (v) the User specifically agrees that neither this Agreement nor any performance thereunder in any way constitutes the conducting of business by SMARTER INTERNET USE™ in any location other than Maricopa County, State of Arizona and indeed agrees that SMARTER INTERNET USE™ is not carrying on business in any jurisdiction other than the state of Arizona. The User irrevocably waives any and all rights that you may have to a trial of such proceedings by way of a jury in any judicial proceeding involving any claim in any way relating to this Agreement and agrees to waive personal service of process and consents that service of process upon you may be made by Certified or Registered mail, return receipt, or by an internationally recognized bonded courier company at the address or by email or other electronic method provided by you in your enrollment materials.
USE OF SITE
Harassment in any manner or form on the site (including via e-mail and chat) or by obscene or abusive language is strictly forbidden. Impersonation of others, including a SMARTER INTERNET USE™ instructor or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
SMARTER INTERNET USE™ does not and cannot necessarily review all communications and materials posted to the website or created by users accessing the website and is not in any manner responsible for the content of these third-party communications and/or materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the site, SMARTER INTERNET USE™ is merely acting as a neutral conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SMARTER INTERNET USE™ reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SMARTER INTERNET USE™ at its sole discretion. You will not be provided notice for any such removal or blocking.
You agree to indemnify, defend, and hold harmless SMARTER INTERNET USE™, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
In an attempt to provide increased value to our visitors, SMARTER INTERNET USE™ may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with SMARTER INTERNET USE™, SMARTER INTERNET USE™ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SMARTER INTERNET USE™. SMARTER INTERNET USE™ encourages you to review the privacy and data collection terms on any third-party linked websites for your own knowledge and safety. SMARTER INTERNET USE™ assumes no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. The links to third-party sites are only for your convenience and therefore you access them at your own risk. This does not mean that SMARTER INTERNET USE™ is not concerned about the contents and links on the website. SMARTER INTERNET USE™ desires to protect the integrity of its website and the links placed upon it. Based on the foregoing, SMARTER INTERNET USE™ requests feedback from its users (you) not only its own website, but for sites it links to as well (including if a specific link does not work or is otherwise causing problems).
Email the Following: email@example.com with the Subject Box Titled “SMARTER INTERNET USE™ – TERMS OF SERVICE”