Bob Smart Class Terms & Conditions
Account Security and Legal Activities
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- You are responsible for maintaining the security of your account and password. Bob Smart Class cannot and will not be liable for any loss or damage from your failure to provide Bob Smart Class with accurate information or to comply with security obligations.
- You agree to immediately notify Bob Smart Class of any unauthorized use of your password or account, or any other breach of security.
- You are responsible for your own conduct. You are also responsible for all content posted and activity that occurs under your account, even when content is posted by others who have accounts under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, trademark laws, patent laws, other intellectual property or industrial property laws, privacy laws, data export laws, and laws regarding libel and defamation).
- You agree not to engage in any activity that interferes with or disrupts the Service, or the servers and networks connected with the Service.
- You agree not to reproduce, duplicate, copy, sale, trade, resale, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express prior written permission of Bob Smart Class.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Bob Smart Class, or any other Bob Smart Class service. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage/ downloads significantly exceeds the average bandwidth usage (as determined solely by Bob Smart Class) of other Bob Smart Class customers on your same account level, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Bob Smart Class customer, employee, member, or officer will result in immediate account termination.
This site and the materials and products on 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, Bob Smart Class disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Bob Smart Class does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Bob Smart Class does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Under no circumstances shall Bob Smart Class be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Bob Smart Class or an authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair, or correction of equipment or data, you assume any costs thereof.
You understand that Bob Smart Class uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the service. Bob Smart Class does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the service will be corrected.
You agree to indemnify, defend, and hold harmless Bob Smart Class, 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 site using your Internet account.
We claim no intellectual property rights over the material you create through the Service. Your profile and materials created remain yours. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through the Service and you are responsible for protecting those rights, as appropriate. Subject to the Terms of Service, Bob Smart Class grants you a personal, non-transferable and non-exclusive right and license to use the assets in the Library; provided that you do not (and do not allow any third party to) create template assets that you sell and/or distribute for free. (Basically you cannot start selling templates that you create with assets from our Library.)
You agree not to access the Library by any means other than through the interface that is provided by Bob Smart Class for use in accessing the Service. It is Bob Smart Class policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act or other applicable law. To learn more or to submit a notice, please contact Bob Smart Class on the website www.eLearningBrothers.com.
The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and Bob Smart Class and govern your use of the Service, superseding any prior agreements between you and Bob Smart Class for the use of the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services, third-party content or third-party software.
Choice of Law and Forum
The Terms of Service and the relationship between you and Bob Smart Class shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. You and Bob Smart Class agree to submit to the personal and exclusive jurisdiction of the courts located within or nearest to Utah County, Utah.
Waiver and Severability of Terms
The failure of Bob Smart Class to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that Bob Smart Class may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Service. Your notices to Bob Smart Class must be sent by an email, which is acknowledged by a reply from Bob Smart Class, or by a courier service which provides delivery confirmation.
Bob Smart Class may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Instead, you may cancel your access to the Service. The other party may then establish a Service account and enter into a contract with Bob Smart Class.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect. Questions about the Terms of Service should be sent to Andrew at eLearning Brothers dot com.