Terms of Use

Introduction and Acceptance of Agreement

Last updated: December 15, 2009

Effective date: December 15, 2009

This Agreement governs the use of the services (the "Service") offered by SmarterLeap, Inc. ("SmarterLeap") at the SmarterLeap.com Web Site (the "Site"). Please read these Terms of Use ("Terms of Use" or "Agreement") carefully. Use of the Site constitutes an agreement to all terms and conditions in this Agreement. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement without modification by User. The Terms of Use are subject to change by SmarterLeap at any time, effective upon posting on the Site of a revised version, and your use of the Service after such posting, will constitute acceptance by you of the revised version of the Terms of Use.

Eligibility
The Site is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Site only with the permission and involvement of a parent or guardian.

Privacy
You can view the SmarterLeap Privacy Policy by clicking here. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to that policy.

Access To The Site
SmarterLeap.com reserves the right to modify or discontinue any services or content provided by the Site with or without notice to the User. You acknowledge and accept that SmarterLeap does not guarantee continuous uninterrupted service or access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Electronic Communication
You agree to electronic communication for all of your transactions and communication with SmarterLeap and the Site. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Links To Other Websites
The Site may contain links to websites controlled or offered by third-parties (non-affiliates of SmarterLeap). You acknowledge that SmarterLeap is not responsible for the availability of, or the content located on or through any third-party website. SmarterLeap makes no representations about and disclaims liability for, any information, materials, products or services posted or offered at any of the third-party websites linked to this website. By providing such links, SmarterLeap does not endorse or recommend any products or services offered or information contained therein, nor is SmarterLeap liable for any failure of products or services offered or advertised at those websites. If you decide to access such linked third-party web sites, you do so at your own risk. Your use of those third-party sites is subject to the terms of use and privacy policies of each such site, and we are not responsible for anything contained therein. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding the content on those sites.

Restrictions on Use
You may not use SmarterLeap or its content for any illegal purpose or in any manner inconsistent with these Terms of Use. You agree to use SmarterLeap and its contents solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity.

Cancellation and Refund Policy
We offer a money back guarantee if you cancel within 48 hours of payment. If you are not happy with our service, please contact us and file a cancellation notice. We will cancel your account and your membership fee will be refunded within 48 hours. All subscriptions not cancelled within this 48 hour period may be cancelled by you at any time but no refund will be made.

If you chose auto-renewal when you signed-up, then your subscription will be automatically renewed at the end of your membership plan at the standard monthly rate (currently $9.00) until you cancel. You may turn off the auto-renew feature at any time in the account settings page.

If you select No, your subscription will expire at the end of your membership plan and your password will stop working. However, you can always re-activate your account at your convenience.

No Liability
You agree not to hold SmarterLeap, SmarterLeap's agents, partners, members and employees, officers, directors, corporate partners, or participants liable for any service delivered which originated through the Site or otherwise were provided by a User. You release SmarterLeap and its agents, officers, directors, corporate partners, members, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.

Indemnification
By agreeing to the terms of this Agreement, you agree to indemnify, defend, and hold harmless SmarterLeap, its directors, officers, members, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries and affiliates (collectively called "Indemnified Parties") from and against any and all liability, claims, loss, costs, damages or expenses , including attorneys' fees and costs incurred by the Indemnified Parties in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site in violation of these Terms of Use or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of such claims. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any claim or matter without the written consent of SmarterLeap.

DISCLAIMER OF WARRANTIES
THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM SMARTERLEAP. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. THE SITE IS PROVIDED BY SMARTERLEAP ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTERLEAP MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION OR CONTENT INCLUDED ON THE SITES. SMARTERLEAP MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTERLEAP EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Entire Agreement
These Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (the "Entire Agreement") between you and SmarterLeap with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.

Refusal or Discontinue of Service
SmarterLeap reserves the right to refuse or discontinue service to any user for non-compliance with these Terms of Use.

Notice Regarding Trademarks
All other trademarks used in the Site are owned or used under license by SmarterLeap and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Site or in any Site content. All rights are reserved.

Notice Regarding Ownership
All content on the Sites is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.

Violation of Terms of Use
In the event you violate any provisions of these Terms of Use, including without limitation or resale or republishing or other transfer or disposition of the Site content without SmarterLeap's express written consent, you shall be liable for any and all loss, costs, damages and expenses (including legal fees) sustained or incurred by SmarterLeap as a result thereof.