Terms of Use

These Terms of Use apply to SmartyMinds website located at www.smartyminds.com, and all associated sites linked to www.smartyminds.com by The Raj Organization LLC, its subsidiaries and affiliates (the “sites”). SmartyMinds, SmartyMind, SmartyMinds.com, SmartyMind.com, and the respective sites are all property of The Raj Organization LLC. If you do not accept the provisions of this statement, do not visit these sites.

The Raj Organization LLC reserves the right to update this Terms of Use at any time. Use of these sites after changes to the Terms of Use are posted is acceptance and agreement to the changes.

PRIVACY
The Raj Organization LLC’s Privacy Statement applies to the use of the sites and is incorporated into these Terms of Use by reference. Please visit our Privacy Statement page to review our standards and practices.

CONTENT & COPYRIGHT
All “Content” such as text, graphics, user interfaces, visual interfaces, trademarks, logos, images, data compilations, audio, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on these sites are owned, controlled or licensed by or to The Raj Organization LLC, and is protected by US and international intellectual property laws including but not limited to trade dress, copyright, patent and trademark laws. The compilation of the Content on these sites are the exclusive property of The Raj Organization LLC and is protected by US and international intellectual property laws including but not limited to trade dress, copyright, patent and trademark laws. All software used on these sites are the property of The Raj Organization LLC or its software suppliers and is protected by US and international intellectual property laws including but not limited to trade dress, copyright, patent and trademark laws.

Unless otherwise stated in these Terms of Use, no Content may be reproduced in any format or distributed in any way to any other computer, server, website, or other medium for publication, distribution, or any commercial purpose. The sites or any portion of the sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. Doing so is a violation of these Terms of Use.

TRADEMARKS
The Raj Organization LLC, RajOrganization.com, TheRajOrganization.com, SmartyMinds, SmartyMind, SmartyMinds.com, SmartyMind.com, graphics extraordinaire, and other graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of The Raj Organization LLC in the US and/or other countries. The Raj Organization LLC’s trademarks and trade dress may not be used in connection with any product or service that is not The Raj Organization LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Raj Organization LLC.

LICENSE AND SITE ACCESS
The Raj Organization LLC grants you a non-exclusive, non-transferable limited license to access and use the sites. Any unauthorized use terminates the permission or license granted by The Raj Organization LLC.

This license does not allow you to download (other than page caching) or modify the sites, or any portion of it. This license does not include any resale use of the sites or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the sites or its contents; any downloading or copying of account information for the benefit of a competitor; or any use of data mining, robots, or similar automated or manual data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Raj Organization LLC. You may not use any meta tags or any other “hidden text” utilizing The Raj Organization LLC’s name or trademarks.

You may not attempt to gain unauthorized access to any portion of the sites, or any other systems or networks connected to the sites or to any Raj Organization LLC server, by any illegitimate means.

You may not test the vulnerability or breach the security measures of the sites or any network or server connected to the sites. You may not attempt to gather information on any other user or visitor to the sites, or any other customer of The Raj Organization LLC, or otherwise exploit the sites by any means for the purpose of revealing any information, including but not limited to personal identification information, as provided for by the sites.

You agree to not interfere or attempt to interfere with the proper working of the sites or with any other person’s use of the sites. You agree to not interfere or attempt to interfere with the infrastructure of the sites or The Raj Organization LLC’s systems, servers, or networks, or any systems, servers, or networks connected to the sites or to The Raj Organization LLC.

You may not manipulate identification or disguise the origin of any communication you transmit to The Raj Organization LLC through the sites or any service offered by the sites. You may not misrepresent or impersonate any other individual or entity.

You may not use the sites or any Content for any illegal purpose or to solicit illegal activity. You may not use the sites or any Content for activities that are strictly prohibited by these Terms of Use or that infringes the rights of The Raj Organization LLC.

ELECTRONIC COMMUNICATIONS
When you visit SmartyMinds.com or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or any other mode of communication you expressly request. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing. You agree that despite best practices and efforts, electronic communications are not completely secure and vulnerable to third-party interception. You agree that the Raj Organization LLC is not responsible for any communications that are intercepted by third-parties by illicit or illegal means.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY THE RAJ ORGANIZATION LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE RAJ ORGANIZATION LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RAJ ORGANIZATION LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE RAJ ORGANIZATION LLC DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM THE RAJ ORGANIZATION LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE RAJ ORGANIZATION LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR SOLE REMEDY AGAINST THE RAJ ORGANIZATION LLC FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY
You agree to indemnify and hold The Raj Organization LLC, its members, officers, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against The Raj Organization LLC by any third party due to or arising out of or in connection with your use of the sites.

GOVERNING LAW
This Agreement is to be governed by, construed and enforced according to the laws of the State of Nevada. You agree that all matters, including disputes, related to your access or use of the sites will be governed by the laws of the United States and the State of Nevada. You agree to personal jurisdiction by and venue in Clark County, Nevada, and waive any objection to such jurisdiction or venue.

ARBITRATION
The Raj Organization LLC agrees that it will use its best efforts to amicably resolve any dispute arising out of or relating to this statement. Any controversy, claim or dispute that cannot be so resolved shall be settled by final binding arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. Any such arbitration shall be conducted in a city of the The Raj Organization LLC’s choosing. Within fourteen (14) days after the commencement of the arbitration, each party shall select one person to act as arbitrator, and the two arbitrators so selected shall select a third arbitrator within ten (10) days of their appointment. The prevailing party shall only recover out-of-pocket expenses, except that the prevailing party will be entitled to reasonable costs and attorneys’ fees.

VOID WHERE PROHIBITED
The Raj Organization LLC administers and operates the www.smartyminds.com site from the United States; any other Raj Organization LLC sites may be administered and operated from various locations outside the United States. Although the sites are accessible worldwide, not all features, products or services provided or offered through or on the sites may be available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Raj Organization LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the sites is void where prohibited. If you choose to access the sites from outside the United States, you do so on your own initiative and are solely responsible for complying with applicable local laws.

ENFORCEMENT
If any portion of these Terms of Use are deemed void or unenforceable by a court of law, those portion or portions will be removed while the the remainder of the Terms of Use shall remain in effect and enforceable. These Terms of Use represent the entire agreement between you and The Raj Organization LLC with regard to use of the sites and hereby supercedes any and all previous versions of the Terms of Use. The Raj Organization LLC’s failure to enforce strict performance of these Terms of Use shall not be interpreted as a waiver by the Raj Organization LLC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the Raj Organization LLC and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or implied to confer any rights or remedies on any third parties.

PROCEDURE FOR MAKING COPYRIGHT INFRINGEMENT CLAIMS
Any notices for claims of copyright infringement should be sent to The Raj Organization LLC’s registered agent.