Smarter Lessons is a Web service operated by Expand Technologies that makes it easy for you to schedule and manage lessons using the Internet.
These Terms of Use constitute a legal agreement between you and Expand Technologies. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use Smarter Lessons. If you do not accept these Terms of Use in their entirety, you may not access or use Smarter Lessons.
Portions of Smarter Lessons may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, and terms and conditions and these Terms of Use, the Terms of Use shall control. However, the Smarter Lessons Privacy Statement supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, and terms and conditions published on Smarter Lessons with respect to the subject matter covered by the Smarter Lessons Privacy Statement.
PRICING POLICY AND TERM OF USE
Pricing may change without notice. The term of this Agreement is one month, and the Agreement automatically renews each month for one month at then-current pricing. You may cancel this service at any time. E-mail notification is sufficient and necessary to notify Expand Technologies of your desire to discontinue this service. To cancel your service from Smarter Lessons, Email such notification to: sales@smarterlessons.com Unless otherwise agreed, the monthly fee for this service will be billed to your credit card.
MODIFICATION OF THESE TERMS OF USE
Expand Technologies may wish to update or change the terms, conditions, and notices for Smarter Lessons from time to time to reflect changes in the Services, changes in the laws affecting the Services, or for other good reasons. You understand that Expand Technologies reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of Smarter Lessons after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve Smarter Lessons shall be subject to the Terms of Use, as modified from time to time.
PRIVACY AND PERSONAL INFORMATION
You are required to have a Smarter Lessons account to use Smarter Lessons. To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current. Expand Technologies agrees that it will only use your personal information as follows:
HOW SMARTER LESSONS WILL USE YOUR PERSONAL INFORMATION
Smarter Lessons will not sell or rent your personal information to third parties. Smarter Lessons will not use or share your personal information in a manner that differs from what is described in this Privacy Statement without your prior consent. Smarter Lessons will add you to its customer list, which may be shared with third parties from time to time for the purpose of selling its products and services. Any such customer list will contain language that no organization or individual on the customer list expressly endorses or recommends Smarter Lessons, its products or services. Your name and/or your facility name may appear on business show graphics and other displays without mention that you are not expressly endorsing or recommending the Smarter Lessons service, nor, without prior arrangement, that you are endorsing or recommending the Smarter Lessons service.
CONFIDENTIALITY OF LOGIN INFORMATION
Login ID and Password information for your account may only be used by legitimate employees at your facility or those who are accessing your account for scheduling purposes. Login information is considered proprietary information of Smarter Lessons. Under no circumstances are you authorized to divulge or create any login Password and ID for use by any entity that is a competitor of Smarter Lessons. Violations of this policy may result in immediate cessation of service to your facility by Smarter Lessons and you may not be permitted access to the system for any reason.
You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Expand Technologies immediately of any unauthorized use of your account. Expand Technologies is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
USE OF DATA
Certain information will be accumulated by Smarter Lessons through your use of Smarter Lessons. This information may include, but not be limited to, names and addresses of your employees and students, email addresses of your employees and students, credit card information, student preferences, comments and video drills that you attach to student lesson histories, swing video of your students and employees and any other video you or your employees choose to upload to Smarter Lessons. This information may be accessed by you and your employees in the normal course of conducting your business. This information may also be accessed by Smarter Lessons. Smarter Lessons will not share this information with third parties. Smarter Lessons may, at its sole discretion, contact those students who have opted to receive email about Smarter Lessons offers and about offers for third party products and services. All emails sent by Smarter Lessons to students will contain the option for the students to opt-out of future emails.
VIDEO AND AUDIO CONTENT
Smarter Lessons is not responsible for the content of any video or audio data placed on Smarter Lessons server(s) by you or your employees. You and your employees are solely responsible for the suitability of video and audio content placed on Smarter Lessons server(s).
LINKS TO THIRD-PARTY SITES
The Web pages that are part of Smarter Lessons may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of Expand Technologies and Expand Technologies is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Expand Technologies is not responsible for webcasting or any other form of transmission received from any Linked Site, nor is Expand Technologies responsible if the Linked Site is not working appropriately. Expand Technologies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Expand Technologies of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
You are solely responsible for any dealings with third parties (including advertisers) who support Smarter Lessons or are identified in the Web pages that are part of Smarter Lessons, including the delivery of and payment for goods and services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Smarter Lessons, you agree that you will not use Smarter Lessons for any purpose that is unlawful or contrary to these Terms of Use. You also may not use Smarter Lessons in any manner that could damage, disable, overburden, or impair Smarter Lessons or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any Smarter Lessons account, computer systems or networks associated with Smarter Lessons. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Smarter Lessons. You may not use Smarter Lessons to introduce or promote any product or service, competitive to Smarter Lessons or not, other than your own lesson services as described in your table of lesson types stored in Smarter Lessons. Promotion of any product or service such as, but not limited to, golf training aids, merchandise that is golf related or not, mental evaluation products or services, playing statistic products or services, or non-golf instructional services is strictly prohibited.
TERMS OF USE FOR SMARTER LESSONS PARTICIPATING SITES AND SERVICES
These Terms of Use apply to you whenever you access or use any Smarter Lessons Services. When you use Smarter Lessons to gain access to any Smarter Lessons participating site or service, the terms and conditions associated with that site or service may also apply to you. Please refer to the applicable terms of use associated with each participating site or service that you visit.
EXPAND TECHNOLOGIES' RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT
Expand Technologies wants your voluntary feedback and suggestions on Smarter Lessons so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Expand Technologies needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you should understand that by submitting any feedback or suggestions to Expand Technologies concerning Smarter Lessons, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Expand Technologies and its affiliated companies permission to:
Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.
These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Expand Technologies' use of the materials contained within such feedback or suggestions. Expand Technologies is under no obligation to post or use any materials you may provide and may remove such materials at any time at Expand Technologies' sole discretion.
SOFTWARE AND CONTENT AVAILABLE ON SMARTER LESSONS
All content and software (if any) that is made available to
view and/or download from the Web pages that are part of Smarter Lessons
("Software") is owned by and is the copyrighted work of Expand
Technologies and/or its suppliers. Your use of the Software is governed by the
terms of the license agreement, if any, that accompanies or is included with
the Software ("License Agreement"). You may not install or use any
Software that is accompanied by or includes a License Agreement unless you
first agree to the License Agreement terms. For any Software not accompanied by
a license agreement, Expand Technologies hereby grants to you, the user, a
personal, non-transferable license to use the Software for viewing and
otherwise using Smarter Lessons in accordance with these Terms of Use, and for
no other purpose provided that you keep intact all copyright and other proprietary
notices. All Software is owned by Expand Technologies and/or its suppliers and
is protected by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is expressly prohibited by law,
and may result in severe civil and criminal penalties. Violators will be
prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,
COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You
acknowledge that the Software, and any accompanying documentation and/or
technical information, is subject to applicable export control laws and
regulations of the
LIABILITY DISCLAIMER
Expand technologies and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on or obtained through smarter lessons for any purpose. All such information, software, products, services, and related graphics are provided "as is" without warranty of any kind. Expand technologies and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
In no event shall expand technologies and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of smarter lessons, with the delay or inability to use smarter lessons, the provision of or failure to provide services, or for any information, software, products, or services obtained through smarter lessons, or otherwise arising out of the use of smarter lessons, whether based on contract, tort, negligence, strict liability, or otherwise, even if expand technologies or any of its suppliers has been advised of the possibility of damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of smarter lessons, or with any of these terms of use, your sole and exclusive remedy is to discontinue using smarter lessons.
CUSTOMER SUPPORT
Expand Technologies provides information about how to use Smarter Lessons on the Web pages that are part of the Services. If you have any questions about Smarter Lessons or any problems that you would like to report, please contact us or visit Smarterlessons.com.
TERMINATION AND RESTRICTION OF ACCESS
Expand Technologies reserves the right, in its sole discretion, to terminate your access to Smarter Lessons or any portion thereof at any time, without notice.
Expand Technologies may also terminate or suspend your access to Smarter Lessons for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Expand Technologies. Upon termination of your Smarter Lessons account, your right to use Smarter Lessons immediately ceases.
GENERAL
These Terms of Use are governed by the laws of the State of
Expand Technologies may assign these Terms of Use, in whole or in part, at any time. Expand Technologies' performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Expand Technologies' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of Smarter Lessons or information provided to or gathered by Expand Technologies with respect to such use. You agree to indemnify and hold Expand Technologies, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on Smarter Lessons. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and Expand Technologies with respect to Smarter Lessons and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Expand Technologies with respect to Smarter Lessons. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
INTELLECTUAL PROPERTY NOTICES
All contents of the Smarter Lessons Web Site are: Copyright © 2007-2013 by Expand Technologies and/or its suppliers, c/o Expand Technologies, 2931 Park Dr. Ste 20-129, El Dorado Hills, California 95762 U.S.A. All rights reserved.
"Smarter Lessons" is a registered trademark of Expand Technologies.
Expand Technologies may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in Smarter Lessons, including the Web pages that are part of Smarter Lessons. Except as expressly provided in these Terms of Use, the provision of Smarter Lessons and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.