Terms of Service

Last Update: 8-28-2014

Parents Message from SmartTutor.com

At Smarttutor.com, we strive to achieve the highest levels of quality and integrity. You trust us to provide a safe and high quality educational experience for your children. We value your trust and respect your rights. We appreciate any feedback you can provide if you ever feel that we have not lived up to your expectations.

We respect your privacy and will ensure that any personal information you submit to us will remain private and secure. We will not sell, license, or provide the information you provide us to third parties. Smarttutor.com is dedicated to the fundamentals of protecting children’s privacy on the Internet. We’ve developed our privacy practices from guidelines established by the Children’s Advertising Review Unit (CARU) and in compliance with the requirements established by the Children’s Online Privacy Protection Act (COPPA).

Smarttutor.com does not solicit personal information directly from children. Any information sent to us is given by parents or guardians and serves the purposes we outline below. Children under the age of 13 must be signed up by their parents or guardian and these parents or guardian must provide the identifying information to us.

Please review the following steps we take to ensure a safe and rewarding online experience for your child. We have summarized our information practices below to explain what data we collect, why we collect it, and how we identify you and your children when you use our service.

  • We do not share your personal data with any third party.
  • We will test our system on a daily basis to ensure that the system works the way it should and to make sure your children get the high quality and safe experience that you expect.
  • Children using the Smarttutor.com.com service (which requires a login), have been pre-approved through accounts set up by their parents. We do not, nor will we ever ask children for personal identifying information.
  • Your child’s progress on the educational activities is logged and stored to have the system guide them on their learning path. A summary of this information is available to the parent or guardian in the reporting area and student data is used, in an anonymous form, to build our statistical database.
  • We strive to continually improve the service in order to provide the best and most effective education for your children, to add more enrichment and fun, to provide appropriate information to parents, and to create a more effective system. Your input and feedback to help us improve in each of these areas is important to us.
  • If your children (or you) submit stories, artwork, or comments to us which gets posted on our site, the children will be identified only by first name, age, city and state.
  • We provide access to a limited number of third party web sites. We screen these sites regularly seeking to ensure their appropriateness.
  • We will communicate with you only in support of our mission, not to market unrelated materials and products.
  • If you send us an e-mail with a question or comment, we will write back using your e-mail address.

As you or your children use the Smarttutor.com service, several cookies will be set on your computer. Smarttutor.com uses the information from cookies to simplify logins and to improve our visitors’ experiences on the site. No personal information is collected about your activities other than those regarding Smarttutor.com. Again, Smarttutor.com does not sell information collected by cookies. We do not use any information from other cookies on your system for commerce-related or any other purposes.

Please read the following three important legal documents setting forth the Terms of Service. They cover the Parental Consent and End User License Agreement including our Billing Policy, and a Privacy Statement.

Parental Consent and End-User License Agreement

Be sure to carefully read and understand all of the rights and restrictions described in this Smarttutor.com End-User License Agreement (“EULA”). Potential subscribers are asked to review and either accept or not accept the terms of the EULA. Users cannot subscribe to this service without accepting the terms of this EULA.

The checking of the “Yes, I accept the Terms of Service” box at registration means you accept the terms of the EULA.

This EULA is a legal agreement between you (the “User” or “Licensee” on behalf of yourself and the minors to whom you grant usage privileges) and Learning Today, Inc. (the “Company”) for the Smarttutor.com service, which may include associated media, computer software, printed materials and documentation. By subscribing to the service, you agree to be bound by the terms of this EULA for both the service and software. If you do not agree to the terms of this EULA, you may not subscribe or use the Software. By checking the “Yes, I accept the Terms of Service” box, you are consenting to (a) Smarttutor.com’s use of the registration information to set-up your children’s logins and learning paths, (b) the collection and use of your child’s performance data to manage their learning path as described in this Agreement, and (c) the terms and conditions of use and payment for the Smarttutor.com Service described in this Agreement. If you have questions about this Agreement, contact Smarttutor.com at info @ smarttutor.com.

 

PARENTAL CONSENT

I certify that I am over the age of 18 and the parent or legal guardian of the child that I am registering to use the Subscription Service. I agree that Smarttutor.com may use the information it collects during registration and from performance data directly from my child’s performance on learning activities and assessments to help Smarttutor.com formulate and manage my child’s learning path. Additionally, I agree that this data can be used, in an anonymous aggregated form, to build Smarttutor.com’s statistical database.

 

End User License Agreement

Grant of Limited License. Company grants to you, the Licensee and your listed users, a personal, non-exclusive, and nontransferable license to use the service for the term subscribed to.

Copyright, Ownership, & Restrictions of Use. The software and service and copyrights and trademarks are wholly owned by the Company and its vendors and the third party web sites and are protected by United States copyright laws and by international treaty provisions. A Licensee may not copy the Software or Documentation. The subscription allows the Licensee to use the service for the number of users subscribed while they are paying for its use and there is no transfer of ownership or copyright implied or expressed. Licensee agrees that this License grant does not include the rights of modification, manufacture, distribution, sale, or sublicense.

Third Party Property. Licensee agrees that you may upload to the software files, or otherwise transmit on or through this site, only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on the Internet. By submitting Content to any “Public Area” you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Rights that may exist in such Content. By using any features on this site which allow you to post text, graphics or other data (“Content”), you agree that you will not use such features to transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. You also agree that you will not transmit any Content that you do not have a right to transmit or any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. You also agree that you will not transmit any Content designed to harm another person or to cause damage to any computer system. You acknowledge that Smarttutor.com does not screen Content, but that Smarttutor.com shall have the right (but not the obligation) in their sole discretion to refuse or move any Content. Smarttutor.com shall have the right to remove any Content that violates these terms and may remove and bar any person who violates these terms. You acknowledge and agree that Smarttutor.com may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Smarttutor.com, the users of this site, and the public.

Software Operation, Limited Warranty and Limited Remedy. The Smarttutor.com Service is provided on an “as-is” basis. The Company makes significant efforts to ensure that it is fit for the designed purpose but cannot be responsible for children’s efforts to bypass the software to either access software or web sites that are not selected by Smarttutor.com, to leave the Smarttutor.com service to use or misuse software on the computer, or that the selected web sites will necessarily always be fit and appropriate for all children. Furthermore, there might be links from the selected sites to other sites. As much as is reasonably possible, these links are examined regularly to allow users to travel only to safe appropriate sites, but it is likely that at times there might be links to sites that are not desirable for the target audience. Smarttutor.com seeks to regularly check and remove any such links but can make no legal guarantees that links or pop-ups will be 100% appropriate. The Company warrants to each Licensee that the Service will substantially conform to the Documentation, provided the Software is used with compatible computer hardware and operating systems. The sole remedy under this Limited Warranty will be to terminate the subscription. In no event shall Smarttutor.com be liable for any consequential, indirect, special, incidental, or punitive damages arising out of the use or inability to use this subscription. In no event shall Smarttutor.com’s aggregate liability exceed the fees paid by the Licensee to Smarttutor.com. The Subscription is a tool to assist your child for education and entertainment purposes. Because every child learns differently, Smarttutor.com cannot guarantee particular results from your child’s use of the Subscription.

Modification of Terms of Use. This Agreement (and any agreement, rule, or policy relating to the Smarttutor.com Software or Services) may be modified by the Company at any time by publication through the Smarttutor.com website or by sending each User an email. You are responsible for regularly reviewing the Smarttutor.com website to obtain timely notice of such modifications. You shall be deemed to have accepted such modifications by continuing to use the site after 15 days of when such modifications have been posted or you have been alerted by email. In the event that you object to any material changes to the terms and conditions of this Agreement, your sole and exclusive remedy will be to terminate this Agreement and to cease using the Service. Upon request, remaining subscriptions costs will, if cancelled due to a change of the EULA and terms of service, not be billed.

Jurisdiction, Venue and Interpretation. This agreement shall be governed by and construed in accordance with the laws of the State of Florida Each party consents to personal jurisdiction and venue in Broward County Court. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. If a court rules as invalid any provision of this Agreement or the application of any provision to any person or circumstance, the remainder of this Agreement shall not be affected thereby.

Entire Agreement & Term. This EULA and the Billing Policies form the entire agreement between Licensee and Company. The subscription period defines the term of this agreement unless it is either terminated or modified by the Company, at its sole discretion, or until the Subscription Period terminates. Upon termination of this Agreement, Licensee agrees to cease use of the Subscription.

Copyright & Trademark Notice. Copyright © 2013 Smarttutor.com. Any rights not expressly granted in this Agreement are reserved for the exclusive use of Smarttutor.com. Publisher is Learning Today, Inc., 3045 Center Ave.
Fort Lauderdale, FL 33308. “Smart Tutor”, “Think Outside the Books”, and “Learning Today”, are the exclusive trademarks of Learning Today, Inc. All other copyrights and trademarks are the exclusive rights of their respective owners.

Copyright Violation Notice. Smarttutor.com respects the intellectual property of others and we ask our subscribers to do the same. We have selected for our users a group of sites which have appropriate activities for our users and which satisfy other Smarttutor.com criteria (no requests for child info, no downloads, no direct links to inappropriate sites, no aggressive advertising). Each site remains the property and responsibility of its respective owner. We do not block links advertising, or interfere with the transmission of web site information in any way that we feel obscures or changes the copyright of others. We do not block advertisements or identifying marks. We do seek to direct children directly to the activities. If any copyright owner is displeased with how we link to their materials, please contact us and we will investigate and change or drop the link immediately.

If you believe that your work is accessible on the Smarttutor.com service in a way that constitutes copyright infringement, you may notify Smarttutor.com by providing Smarttutor.com (info @ smarttutor.com) the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Smarttutor.com site where the material that you claim is infringing is located;
  • your address, telephone number, and e-mail address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Unsolicited Submissions. Smarttutor.com welcomes comments regarding its products and services. However, Smarttutor.com’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Smarttutor.com’s staff are similar to someone else’s creative work. Accordingly, we must ask that you do not send us any such ideas. While we value your feedback on our services and products, we ask that you be specific in your comments on those services and products and not submit any creative ideas, suggestions or materials. If, despite our request that you do not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Smarttutor.com. None of the Information shall be subject to any obligation of confidentiality on the part of Smarttutor.com and Smarttutor.com shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

Billing Policies

SmartTutor.com will bill your credit card for your subscription monthly (or annually if that is the selected term). The membership automatically renews monthly (or annually) unless you cancel prior to the next renewal date. Your renewal date is one month from your subscription date, or one year from your subscription date if the term is annual. Users will NOT be charged during the FREE 14-day trial.

During the course of the 14-Day Free Trial, you may add any of your children free of charge. Any children added after your 14-Day Free Trial will be prorated so that the renewal date for the additional children is the same as the renewal date of your initial sign-up.

Your right to use SmartTutor.com is subject to SmartTutor.com receiving payment from your credit card or alternate means. If payment is not received by SmartTutor.com for any reason, including charge back, SmartTutor.com reserves the right to suspend or terminate your access and account.

 

Cancellations

Should you decide to cancel one or more of your children on Smart Tutor, you may do so at any time. The cancellation will become effective at the start of the next billing cycle, which is monthly for the regular plan or twelve months from the date of sign-up for the annual plan.

You may cancel by clicking on the “ Cancel subscription plan” link on the My Account page and answering the appropriate questions. In the alternative, you may cancel via email (info@smarttutor.com), write to SmartTutor.com (3045 Center Ave. Fort Lauderdale, FL 33308) or call our office.

Refunds

Smarttutor.com does not issue refunds for non-usage of the system. After the service is canceled, your credit card will not be prorated for the days left in your billing cycle. If you delete a child from the program and the system bills your credit card after the deletion, we will issue a refund.

We understand there are exceptional circumstances. Therefore, we will carefully review each petition for a refund and make decisions based on our billing policies. For transactions using PayPal, no refunds after 60 days can be made as per PayPal’s agreement.

Special Offers & Price Changes

Smarttutor.com may run special offers on our site from time to time. These offers are subject to change at any time. Pricing may vary and changes made by Smarttutor.com become effective at the start of the next billing cycle.

Payment Options

Smarttutor.com accepts Visa, MasterCard, Discover, and American Express credit cards only.

Billing Security

Smarttutor.com uses Secure Sockets Layer technology that sends credit card data in encrypted code.

Passwords

Your password gives you access to the Subscription service. Please take appropriate measures to keep your password confidential and do not share it with third parties or with your children. You will be responsible for all activities that occur under your password regardless of whether you are the person who took such actions. If your password becomes disclosed, please advise Smarttutor.com. A new password will then be issued, and your previous password will be eliminated.

 

Privacy Policy

At Smarttutor.com, we strongly feel that children’s safety, which is related to privacy, is all-important. If you have questions or comments about our policy, we would like to hear from you. Contact info @ smarttutor.com, or write to Smarttutor.com, 3045 Center Ave. Fort Lauderdale, FL 33308. Our site complies with the Children’s Online Privacy Protection Act “COPPA,” which you may read about here.

Please read this Privacy Policy carefully because it describes our privacy practices and helps distinguish our service from others which have different policies.

Smarttutor.com’s service – providing an educational sequence personalized for each child with reports to the parents – requires being able to identify the children. This information is never shared with any outside parties and is securely stored. The only contact information that is collected is for contacting parents. Smarttutor.com will never seek to directly contact your children. Smarttutor.com will never market to children.

Children on the internet should be closely supervised and instructed about security. We recommend that parents provide the following information to all children: Kids’ Rules for Online Safety.

Smarttutor.com does not disclose any personal information to outside parties. Smarttutor.com has appropriate security measures in place to safeguard against unauthorized access to the personal information collected at our Web site, including limiting the number of people who have physical access to our database servers, as well as electronic security systems and password protections.

What about the collection of information by third parties?

Our web site contains links to web sites not maintained by Smarttutor.com. Although we do our best to ensure that such web sites maintain the highest standards for privacy policy, the privacy and data collection practices on any linked web sites are entirely separate from Smarttutor.com and are not covered by this Privacy Policy. As a policy, we do not take our users to sites where an email or other personal information is solicited. However, we cannot guarantee that this will not occur.

What security measures do we take?

Smarttutor.com has taken reasonable steps to ensure that all information received from our online visitors remains as secure as possible against unauthorized access and use. All personal information provided by customers is kept in Smarttutor.com secure database, and is protected by our security measures, which are periodically reviewed. Bear in mind, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient.

Children’s Privacy Guidelines

Smarttutor.com exists to serve and provide a safe enjoyable experience for children. To ensure this, we work with the following.

  • We do not collect online contact information directly from children. Without prior parental consent, online information will only be used to respond directly to the child’s request and will not be used for other purposes.
  • We do not distribute to third parties any personally identifiable information without prior parental consent.
  • We do not give the ability to publicly post or otherwise distribute personally identifiable contact information without prior parental consent.
  • We try to avoid providing access to any web sites which request personal information such as emails or addresses of the users.
  • We do not entice by the prospect of a special game, prize or other activity, to divulge more information than is needed to participate in the activity.

What’s a cookie? A cookie is information a web site puts on your computer’s hard drive so that the site can remember your preferences or which pages you visited on that site.

Smarttutor.com.com only uses cookies with Members at the following times:

  • To remember parental login name (for easier access) and to automatically load the login information for children associated with the parental account.
  • As you explore various web sites, a session cookie will tell Smarttutor.com which pages you visit and the amount of time between each visit. This cookie does not remember any information about you or your computer; a “session cookie” only remembers information about your current visit to the site.

Your family’s use of this site is conditioned on your having accepted these terms. You should check back to this policy frequently, since it is subject to change from time to time, and your continued use of the site is conditioned upon your acceptance of any modifications hereto.

We want to make this service useful to families and to provide parents and caregivers a service with which they are happy to have their children interact, learn and play. If you have any comments or questions, we’d like to hear them ( info@ smarttutor.com). This is, after all, built for you.