Terms & Conditions

Terms of Use

Last Updated: August 31, 2017

Introduction

Welcome to one of the following websites (each, a “Web Site”) operated by SmartyPants, Inc., a Delaware Corporation, with its principal offices in Marina del Rey, California (“Company” or “we” or “us” or “our”):

These Terms of Use (this “Agreement”) set forth the terms and conditions governing your use of this Web Site and the information, content, products, social networking outlets (e.g., Facebook, etc.), and services it makes available.  By using the Web Site or any of its services, you agree to abide by the terms of this Agreement, as may be amended by the Company from time to time in its sole discretion.  YOU AGREE THAT BY USING THE WEB SITE AND SERVICE YOU REPRESENT THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.  YOU ALSO REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Modifications to this Agreement

The Company may make changes to this Agreement from time to time in its sole discretion, by updating this posting on this Web Site, and specifying the effective date of the new version of the Agreement. Your continued use of the Web Site following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Web Site you should check to see if a new version of the Agreement has been posted.

If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Contact Information

If you have any questions or concerns with respect to this Agreement or the Web Site you may contact a representative of Company by emailing [email protected] or mail at Customer Service, SmartyPants, Inc., 4056 Del Rey Ave, Marina del Rey, CA 90292.

Web Site Intended Audience

This Web Site is operated by the Company from its offices in the United States. This Web Site is directed to adults in the United States and is not intended for children under the age of thirteen.

Privacy

We describe our current practices related to personally identifiable information collected through the Web Site in our Privacy Policy. We may update our policies and practices from time to time at our sole discretion.

Refund Policy

Your satisfaction is very important to us.  Purchases of products made directly through the Web Site may be refunded by the Company at its sole discretion. Please contact our Customer Service Team for all questions and concerns regarding such refunds. For purchases of products made through third parties, refunds must be requested from such third parties and will be subject to the refund policies of such third parties.

Your Use of Content and Information — Disclaimer with Respect to Content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Web Site. Some of the Content is provided by the Company or its suppliers, and other Content is provided by persons who use the Web Site (“Users”), such as User opinions and views provided via posts to chat rooms, blogs, bulletin boards, social networks, or discussion forums. While the Company strives to keep the Content that it posts on the Web Site accurate, complete, and up-to-date, the Company cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by the Company or its suppliers, or by Users of the Web Site. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of the Company. The Company does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Web Site.

The Company does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Web Site.  Notwithstanding the foregoing, the Company will have the right (but not the obligation), in its sole discretion and for any reason, to prescreen, edit, refuse to accept, remove, or move any such Content.

THE CONTENT AVAILABLE VIA THE WEB SITE IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE COMPANY NOR ITS SUPPLIERS OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, OR OTHER PROFESSIONAL SERVICES OR ADVICE.  SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID.  IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM.  IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS.  ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT.

User-Submitted Content

You are responsible for all Content that you submit, post, or otherwise make available to or through the Web Site.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account.  The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

You shall not make the following types of Content available.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services.  The Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Web Site, and, if applicable, to delete any such material from its servers.  The Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

You acknowledge that you will not be compensated for any Content you submit, post, or otherwise make available to or through the Web Site, and you agree that Company may publish or otherwise disclose your name in connection with such Content.

The Company makes no claims to ownership of Content that you submit, post or otherwise make available to or through the Web Site, and you continue to retain all ownership rights in such Content and the right to use your Content as you determine.  However, you do grant to the Company and its affiliates a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license as set below:

  1. with respect to Content other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available to public areas of the Web Site (i.e., not intended as a private communication), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such Content (in whole or part) worldwide via the Web Site or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and
  2. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available to public areas of the Web Site, the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such Content for the purpose for which such Content was submitted, posted or made available.

Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Web Site.  You are prohibited from violating or attempting to violate any security features of the Web Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Web Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Web Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Web Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Web Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the Company in providing the Web Site.  Any violation of system or network security may subject you to civil and/or criminal liability.

Ownership and Intellectual Property Rights

Ownership

This Web Site is owned by the Company.  All right to, title to, and interest in the Content available via the Web Site, the Web Site’s look and feel, the designs, trademarks, service marks, and trade names displayed on the Web Site, and the Web Site URLs, are the property of the Company or its licensors, and are protected by copyrights, trademarks, patents, or other proprietary rights and laws.

License to Use Content

The Company grants you a nonexclusive, nontransferable, revocable, limited license to view, copy, print, and distribute Content (other than your own submitted Content) retrieved from the Web Site only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in conjunction with the Content.  You may not use any Content available via the Web Site in any other manner or for any other purpose without the prior written permission of the Company.  All rights not expressly granted in this Agreement are expressly reserved to the Company.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Web Site so long as the link does not portray t the Web Site, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.  You may not use the Company logo or other proprietary graphic or trademark as part of the link without our express written permission.  You may not present the link to the Web Site in any way that suggests the Company has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products or services on your site.

Trademark Notices

All trademarks, service marks, logos and designs used on this Web Site, whether registered or unregistered, are owned by the Company or other third parties.  You may not use or display any trademarks, service marks, logos or designs owned by Company or its affiliates without our prior written consent.

Copyright Infringement

The Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Web Site or Services.  Th Company has adopted a policy that provides for the immediate suspension and/or termination of any Web Site or Service user who is found to have infringed on the rights of the Company or of a third party, or otherwise violated any intellectual property laws or regulations.  The Company’s policy is to investigate any allegations of copyright infringement brought to its attention.  If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material; (d) information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the Company’s designated agent at:

Clay Nichols, SVP of Brand

SmartyPants, Inc.

4056 Del Rey Ave.

Marina del Rey, CA 90292

Tel: 1-888-751-2291

Fax: 1-310-496-0969

Email: [email protected]

Alleged Violations

The Company reserves the right to terminate your use of the Web Site.  To ensure that the Company provides a high-quality experience for you and for other users of the web Site, you agree that the Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Web Site.  The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but the Company reserves the right to terminate your account or your access to the Web Site immediately, with or without notice to you, and without liability to you, if the Company believes that you have violated any of the terms of this Agreement, furnished the Company with false or misleading information, or interfered with use of the Web Site by others.

Your Contact with Advertisers or Other Third Parties and Other Web Sites

Your dealings with advertisers or other third parties found on or accessible through the Web Site are solely between you and the third party.  These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings.  These links are provided solely as a convenience to Users and should not be construed as an endorsement by the Company of content, items, or services on those third-party websites.  You access and use such sites, including the content, items, or services on those sites, solely at your own risk.  Unless we expressly state otherwise, the fact that the Company has provided a link to a site is not an endorsement of the service or site, its content, or its sponsoring organizations.  We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties.  You should carefully review their privacy statements and other conditions of use.

The Company does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that the Company will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.

Disclaimer of Warranties with Respect to Web Site

THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

THE COMPANY DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.  THE COMPANY MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.

Limitations of Liability

THE COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE.  YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

ADDITIONALLY, IN NO EVENT WILL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE.  THESE LIMITATIONS WILL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Web Site, your violation of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.  Your obligations of indemnification set forth above shall survive the termination of this Agreement.

Your Account

You are responsible for maintaining the confidentiality of any passwords associated with your Company account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account (unless we cause a security breach).

Modification or Suspension of the Web Site

The Company may at any time modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you.

Modification

The Company may, in its sole discretion and without prior notice, (a) revise the terms of this Agreement; (b) modify the Web Site; and (c) discontinue the Web Site at any time.  The Company shall post any revision to the terms of this Agreement to the Web Site, and the revision shall be effective immediately on such posting.

Severability of Agreement or Waiver

If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and you further agree that the remaining provisions contained in the Agreement shall continue in full force and effect. No waiver of any breach of any provision of the terms of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

California Use Only

The Web Site is controlled and operated by Company from its offices in the State of California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations.  Your use of or access to the Web Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

Applicable Law

This Agreement and the resolution of any dispute related to this Agreement or the Web Site shall be governed by and construed in accordance with the laws of California without giving effect to any principles of conflicts of law. Any legal action or proceeding between the Company and you related to the Agreement shall be brought exclusively in a court of competent jurisdiction sitting in the County of Los Angeles, California, United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.

All contents of the Web Site are: Copyright © 2010 – 2017 SmartyPants, Inc.  All rights reserved.