Terms and Conditions
V1 Smarter Golfer is a Web service operated by Expand Technologies that makes it easy for you to track your 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 V1 Smarter Golfer. If you do not accept these Terms of Use in their entirety, you may not access or use V1 Smarter Golfer. Portions of V1 Smarter Golfer 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 V1 Smarter Golfer Privacy Statement supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, and terms and conditions published on V1 Smarter Golfer with respect to the subject matter covered by the V1 Smarter Golfer Privacy Statement. PRICING POLICY AND TERM OF USE Pricing may change without notice. The term of this Agreement is one year, and the Agreement automatically renews each year for one year at then-current pricing. You may cancel this service at any time. E-mail notification is sufficient to notify Expand Technologies of your desire to discontinue this service. To cancel your service from V1 Smarter Golfer, Email such notification to: sales@smarterlessons.com Unless otherwise agreed, the yearly 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 V1 Smarter Golfer 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 V1 Smarter Golfer after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve V1 Smarter Golfer shall be subject to the Terms of Use, as modified from time to time. PRIVACY AND PERSONAL INFORMATION You are required to have a V1 Smarter Golfer account to use V1 Smarter Golfer. 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 EXPAND TECHNOLOGIES WILL USE YOUR PERSONAL INFORMATION Expand Technologies will not sell or rent your personal information to third parties. Expand Technologies 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. 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. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of V1 Smarter Golfer, you agree that you will not use V1 Smarter Golfer for any purpose that is unlawful or contrary to these Terms of Use. You also may not use V1 Smarter Golfer in any manner that could damage, disable, overburden, or impair V1 Smarter Golfer or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any V1 Smarter Golfer account, computer systems or networks associated with V1 Smarter Golfer. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through V1 Smarter Golfer. EXPAND TECHNOLOGIES' RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT Expand Technologies wants your voluntary feedback and suggestions on V1 Smarter Golfer 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 V1 Smarter Golfer, 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 V1 Smarter Golfer All content and software (if any) that is made available to view and/or download from the Web pages that are part of V1 Smarter Golfer ("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 V1 Smarter Golfer 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 United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. 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 V1 Smarter Golfer 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 V1 Smarter Golfer, With The Delay Or Inability To Use V1 Smarter Golfer, The Provision Of Or Failure To Provide Services, Or For Any Information, Software, Products, Or Services Obtained Through V1 Smarter Golfer, Or Otherwise Arising Out Of The Use Of V1 Smarter Golfer, 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 V1 Smarter Golfer, Or With Any Of These Terms Of Use, Your Sole And Exclusive Remedy Is To Discontinue Using V1 Smarter Golfer. CUSTOMER SUPPORT Expand Technologies provides information about how to use V1 Smarter Golfer on the Web pages that are part of the Services. If you have any questions about V1 Smarter Golfer 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 V1 Smarter Golfer or any portion thereof at any time, without notice. Expand Technologies may also terminate or suspend your access to V1 Smarter Golfer 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 V1 Smarter Golfer account, your right to use V1 Smarter Golfer immediately ceases. GENERAL These Terms of Use are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Placer County, California, U.S.A. in all disputes arising out of or relating to the use of V1 Smarter Golfer. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Expand Technologies as a result of these Terms of Use or use of V1 Smarter Golfer. 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 V1 Smarter Golfer 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 V1 Smarter Golfer. 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 V1 Smarter Golfer and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Expand Technologies with respect to V1 Smarter Golfer. 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 V1 Smarter Golfer Web Site are: Copyright © 2001-2008 by Expand Technologies and/or its suppliers, c/o Expand Technologies, 1629 Lead Hill Blvd Suite 100, Roseville, California 95661 U.S.A. All rights reserved. Expand Technologies may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in V1 Smarter Golfer, including the Web pages that are part of V1 Smarter Golfer. Except as expressly provided in these Terms of Use, the provision of V1 Smarter Golfer 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.
I hereby authorize Expand Technologies to bill my credit card for
the yearly fees for the Smarter Students service.
Subscription Plan:
I understand that the yearly fee I am authorizing to be charged to my
credit card is $39.95
Initials:
(800) 365-6492
