Terms & Conditions

The Smarthinking website is intended to provide tutoring and college-level academic support to students over the age of 13. Smarthinking, Inc. (“Smarthinking”) provides its website for personal education and information purposes. Please feel free to browse. Your access to and use of Smarthinking is subject to the following terms and conditions and all applicable laws. By accessing and browsing Smarthinking, you accept, without limitation or qualification, these Terms of Use.

Smarthinking Terms of Use

Copyright Information

Smarthinking and all material contained herein are Copyright © 2015 Smarthinking Inc. All rights reserved. You may print a reasonable number of copies of each Web page within Smarthinking that does not require the entry of an account number and/or password to access. Such copies may be printed solely for noncommercial personal use and as long as you retain all copyright and other proprietary notices contained on such pages. You may not reproduce, distribute, modify, transmit, reuse, repost or use any material contained within Smarthinking for public or commercial purposes without our written permission.

Services and Solicitations

Smarthinking attempts to keep the information contained herein as comprehensive and factual as possible. However, despite these efforts, the posted information may contain errors or omissions, for which Smarthinking assumes no liability. We reserve the right to make changes without notice and at any time in products, services, terms of service, specifications, and availability. The materials on Smarthinking do not constitute a contract or a binding offer of any service by Smarthinking other than the Registration Agreement for Smarthinking’s Electronic Tutoring and Education Services (“Smarthinking Services”). Smarthinking Services are offered only under specific terms and conditions, and you should obtain and review the contract terms before subscribing to the Smarthinking Services. The materials on Smarthinking are not a solicitation of an investment in Smarthinking or any other company.

Complete Disclaimer

SMARTHINKING IS PROVIDED AS-IS WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF SMARTHINKING AND RELATED SERVICES. SMARTHINKING IS NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO SMARTHINKING RELATED SERVICES AND/OR MATERIAL CONTAINED WITHIN SMARTHINKING. YOUR SOLE REMEDY FOR DISSATISFACTION WITH SMARTHINKING AND/OR RELATED SERVICES IS TO STOP USING SMARTHINKING AND/OR THOSE SERVICES. Smarthinking shall not be liable for any damage to your computer equipment or other property resulting from your access to, use of, or browsing in Smarthinking, or downloading material, images, data, text, video, or audio files, regardless of the cause. Unused tutoring time from individually purchased accounts is non-refundable and non-transferable.

Link Disclaimer

Some links on Smarthinking lead to sites posted by independent site owners. Smarthinking does not review independent sites or control their content, and merely provides these links to visitors for their convenience. These links are not an endorsement of products, services, or information provided by other sites. Further, the inclusion of links to other sites does not imply that the other sites have given permission for inclusion of these links, or that there is any relationship between Smarthinking and the linked sites. Smarthinking is an independent operating company and references to other companies, do not imply any partnership, joint venture, or other legal connection where Smarthinking would be responsible for the actions of that company or vice-versa.

Service Mark Notice

SmarthinkingSM, SmarthinkingTM, Smarthinking logos, and the unique trade dress of Smarthinking are service marks of Smarthinking, Inc. All other trademarks, service marks, and logos used in this site are the trademarks, service marks, and logos of their respective owners.

Agreement

By using Smarthinking, you agree to the above stated terms and conditions. This Agreement is entered into in the District of Columbia and shall be construed in accordance with the laws of the District of Columbia, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in the District of Columbia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly cancelled. SMARTHINKING may modify the terms of this Agreement by posting notice of such modification on this page before the modification takes effect. You are bound by such revisions and should periodically visit this page to review the current Terms of Use.

BY USING SMARTHINKING, YOU CONFIRM THAT YOU UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.