TERMS AND CONDITIONS OF USE

The following are the terms and conditions for use (the “TERMS OF USE”) of the StreetSmarts101.com Web site (the “SITE”) and for the Street Smart 101® COURSEWARE (as defined below). Your use of this SITE and the COURSEWARE is subject to these TERMS OF USE. These TERMS OF USE are a binding agreement between you and Street Smarts Interactive, LLC ("STREET SMARTS"). By using or accessing this SITE and the COURSEWARE, you accept and agree to be bound by these TERMS OF USE. Your use of this SITE is governed by the version of the TERMS OF USE in effect on the date the SITE is accessed by you. These Terms are in addition to any other agreements between you and STREET SMARTS, including any customer or account agreements, and any other agreements that govern your use of Courseware, information, content, tools, products and services available on and through the SITE.

COURSE SCHEDULE

STREET SMARTS offers Web-based advanced interactive driver training and education courseware composed of three (3) training courses of instruction: Crash Reduction 101, Driving Coach 101 and Driving Contracts 101, (referred to individually as a “COURSE” and collectively as the “COURSEWARE”). COURSEWARE for each COURSE for which a registration fee has been paid will be available to the new student driver (referred to as the “STUDENT”) and, if applicable, the STUDENT’s parents or legal guardians. Such COURSEWARE will be made available 24 hours a day, 7 days a week, excluding periods of downtime for SITE updating or maintenance. In addition, availability of the COURSEWARE may be affected by circumstances such as, but not limited to: system, site or connectivity failure over which STREET SMARTS has no control.

HARDWARE AND SOFTWARE REQUIREMENTS

STREET SMARTS COURSEWARE is optimized to run on the Adobe® Flash® Player 10; therefore STREET SMARTS prescribes the minimum hardware and software requirements for accessing and using the COURSEWARE as prescribed by Adobe®:

Hardware

Adobe has tested Adobe® Flash® Player 10 software extensively on the following minimum hardware configurations:

Windows®

Intel® Pentium® II 450MHz, AMD Athlon™ 600MHz or faster processor (or equivalent) with128MB of RAM or128MB of VRAM^*

^*Recommended for GPU hardware acceleration–dependent features. Flash Player use software mode for systems that do not meet the system requirements.

Macintosh

PowerPC® G3 500MHz, Intel Core™ Duo 1.33GHz or faster processor with 128MB of RAM

Operating systems and browsers

Flash Player 10 is supported on the following minimum operating systems and browsers:

Windows

Platform

Microsoft® Windows Vista® - Microsoft Internet Explorer 7.0 or later, Firefox 2.x, Firefox 3.x, AOL 9, Opera 9.5 or later, Safari 3.x, Chrome 2.0 or higher

Microsoft® Windows XP - Microsoft Internet Explorer 7.0 or later, Firefox 2.x, Firefox 3.x, AOL 9, Opera 9.5 or later, Safari 3.x, Chrome 2.0 or higher

Microsoft® Windows 2000 - Microsoft Internet Explorer 7.0, Firefox 2.x, Firefox 3.x, AOL 9, Opera 9.5

Microsoft® Windows 7 - Microsoft Internet Explorer 8.0 or later, Firefox 3.x or later

NOTE: Microsoft® Internet Explorer 6.0 is NOT compatible with the STREET SMARTS COURSEWARE.

Macintosh¹

Platform

Mac OS X v10.4 or later (PowerPC) - Firefox 2.x, Firefox 3.x, ALL for Mac OS X, Opera 9.5, Safari 3.x.

Mac OS X v10.4 or later (Intel) - Firefox 2.x, Firefox 3.x, Opera 9.5, Safari 3.x

Mac OS X v10.6 - Firefox 3.x or later, Safari 4.x or later

¹ATI Rage 128 GPU does not support full-screen mode with hardware scaling.

IN ADDITION: All browsers must support Java and JavaScript. STREET SMARTS requires the use of a pointing device such as a mouse and that the computer hardware is equipped with speakers or headphones.

[Test Your Computer]

INTERNET CONNECTION REQUIREMENTS

STREET SMARTS prescribes minimum Internet Connection Speed requirements for accessing and using the COURSEWARE:

The STREET SMARTS COURSEWARE requires a Broadband Internet connection capable of a download speed of 800 Kilobits Per Second (kbps) or greater.

[Test Your Computer]

COMPLETION AND CERTIFICATION POLICY

The STUDENT must personally complete all portions of the COURSEWARE for each COURSE for which the STUDENT is registered and must complete the end of course survey for each such COURSE in order to receive a certificate of completion for each COURSE. In addition, the STUDENT must certify that he or she has not circumvented any requirements of the applicable COURSEWARE or provided any false information to STREET SMARTS regarding STUDENT.  If STREET SMARTS discovers that the STUDENT has violated any provision of these TERMS OF USE, the STUDENT will be not be permitted to complete the COURSEWARE or receive a certificate of completion, with no refund of any registration fees paid to STREET SMARTS.

SATISFACTION POLICY

STREET SMARTS guarantees the individual who purchased the COURSEWARE (referred to as the “PURCHASER”) will be satisfied with the COURSEWARE. If the PURCHASER believes that he/she or their STUDENT did not benefit in any way from completing a COURSE, STREET SMARTS will refund the registration fees paid by the PURCHASER for such COURSE.

For this guarantee to be in effect:

1. The STUDENT must have completed the entire COURSEWARE for the COURSE as well as the end of course survey and certification.

2. The PURCHASER must have completed the Program Evaluation in their Parent Portal.

3. The PURCHASER must have met the HARDWARE AND SOFTWARE REQUIREMENTS above.

4. The PURCHASER must have met the INTERNET CONNECTION REQUIREMENTS above.

To receive a refund the PURCHASER must contact STREET SMARTS within thirty (30) days after he/she or their STUDENT completing the COURSEWARE for the applicable COURSE to request a refund. The PURCHASER must contact STREET SMARTS by telephone during normal business hours. STREET SMARTS will not grant a refund under this policy for requests submitted by e-mail, fax or written correspondence. All refunds will be mailed within thirty (30) days after receipt of the request and confirmation that all refund requirements have been satisfied.

Contact information for STREET SMARTS may be found here: Click Here to Our Contact Us Page

CANCELATION REFUND POLICY

A refund of the registration fees for a COURSE will be made to any STUDENT who cancels their enrollment contract within thirty (30) days of purchase AND prior to starting the COURSEWARE for the COURSE.

To receive a cancellation refund the STUDENT must contact STREET SMARTS within thirty (30) after purchase by telephone during normal business hours. STREET SMARTS will not grant a refund under this policy for requests submitted by e-mail, fax or written correspondence. All refunds will be mailed within 30 days after the effective date of cancellation.

Contact information for STREET SMARTS may be found here: Click Here to View

TERMINATION POLICY

STREET SMARTS reserves the right to terminate any STUDENT whose account has been inactive for a period one hundred and eighty (180) days and has not completed the COURSEWARE for a registered COURSE. STREET SMARTS may exercise this right without prior notice and without any obligation to refund any portion of the registration fees paid by STUDENT.

PRIVACY STATEMENT

STREET SMARTS is the sole owner of the information collected on this SITE. STREET SMARTS collects information from its users at several different points on this SITE.  STREET SMARTS will not use or sell this information to promote products or a service unrelated to its COURSEWARE or in ways different from what is disclosed in its Privacy Policy.

You can view the entire Privacy Policy here: Click Here to View

REPRESENTATIONS AND WARRANTIES

STUDENT represents and warrants that the user information and registration information provided by STUDENT is true and correct, and acknowledges that the truth and accuracy of such information is a material inducement to STREET SMARTS in permitting STUDENT to enroll in any COURSE. STUDENT further acknowledges and agrees that any willful or intentional misrepresentation by STUDENT regarding such user information or registration information constitutes a breach of these TERMS OF USE and, in addition to STREET SMARTS’S right to terminate STUDENTS use of the COURSEWARE and the SITE without refund of any fees, may subject student to liability for damages incurred by STREET SMARTS as a result of such breach, including but not limited to general, consequential, and punitive damages.

LIMITATION OF LIABILITY

STREET SMARTS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEB SITE OR YOUR DOWNLOADING OF ANY COURSEWARE, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL STREET SMARTS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY STREET SMARTS, INCLUDING, BUT NOT LIMITED TO, NON PERFORMANCE RESULTING FROM BANKRUPTCY, REORGANIZATION, INSOLVENCY, DISSOLUTION OR LIQUIDATION EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY. ANY OTHER THIRD PARTIES PROVIDING SERVICES THROUGH THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR AGENTS OF STREET SMARTS. STREET SMARTS IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. IN ADDITION, STREET SMARTS EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS (INCLUDING, WITHOUT LIMITATION, TYPOGRAPHICAL OR DISPLAY ERRORS) ON THIS SITE OR ON PENDING PURCHASES MADE UNDER AN INCORRECT PRICE FOR ANY SUCH SERVICE PURCHASED. THIS RIGHT APPLIES WHETHER OR NOT THE ORDER HAS BEEN CONFIRMED OR YOUR CREDIT CARD CHARGED. IF, NOTWITHSTANDING THE PRECEDING, STREET SMARTS SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE-DESCRIBED FUNCTIONS OR USES OF THIS SITE OR ITS CONTENT, THE LIABILITY OF STREET SMARTS SHALL BE LIMITED TO AN AMOUNT WHICH DOES NOT EXCEED THE AMOUNT PAID BY YOU TO STREET SMARTS FOR SUCH PRODUCT OR SERVICE. IN ITS SOLE DISCRETION, IN ADDITION TO ANY OTHER RIGHTS OR REMEDIES AVAILABLE TO STREET SMARTS AND WITHOUT ANY LIABILITY WHATSOEVER, STREET SMARTS AT ANY TIME AND WITHOUT NOTICE MAY TERMINATE OR RESTRICT YOUR ACCESS TO ANY COMPONENT OF THIS SITE. SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES

STREET SMARTS believes that drivers who incorporate the concepts of the course of instruction contained in the COURSEWARE will reduce their risk of being involved in an automobile crash. However, all drivers operate their automobiles at their own risk. STREET SMARTS DOES NOT WARRANT THAT THIS COURSE OF INSTRUCTION WILL PREVENT EVERY STUDENT WHO TAKES THIS COURSE FROM BEING IN AN AUTOMOBILE ACCIDENT. STREET SMARTS MAKES NO OTHER WARRANTY OF ANY KIND REGARDING THIS SITE, THE COURSEWARE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. STREET SMARTS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. STREET SMARTS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM STREET SMARTS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

INDEMNIFICATION

You shall defend, indemnify and hold harmless STREET SMARTS and its members, officers, employees and agents from and against any claim, cause of action, demand, costs and expenses, including without limitation reasonable legal fees, arising from your violation of these TERMS OF USE, or which are brought by you or on your behalf in excess of the liability limits described herein or by third parties as a result of your use of this SITE.

CHANGES IN TERMS OF USE

STREET SMARTS reserves the right to change these TERMS OF USE at any time and without prior individual notice to you. STREET SMARTS will provide notification of the material changes to these TERMS OF USE through the SITE prior to the change taking effect. You should review the most current version of this document by visiting StreetSmarts101.com and clicking on the TERMS OF USE hyperlink located at the bottom of the page.

CLAIMS OF COPYRIGHT INFRINGEMENT

The Digital Millennium Copyright Act of 1998 (as amended, the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that we have wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter- notices must meet the then-current statutory requirements imposed by the DMCA, as provided in 17 U.S.C 512. Notices and counter-notices with respect to this SITE should be sent to Street Smarts Interactive, LLC, 4621 E. Kelly Dr., Gilbert, AZ 85234, Attn: President. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

LINKS

This SITE contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by STREET SMARTS of the contents of such other Web sites. STREET SMARTS shall not be responsible for the content of any other Web sites and makes no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.

GOVERNING LAW

These TERMS OF USE and its performance shall be governed by the laws of the State of Arizona, without regard to its conflict of laws provisions, and by any applicable Federal laws. You consent and submit to the exclusive jurisdiction of the State and Federal courts located in Maricopa County, Arizona, in all questions and controversies arising out of these TERMS OF USE and your use of this SITE. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this SITE and the COURSEWARE must be brought within two (2) years from the date on which such claim or action arose or accrued.

ATTORNEY'S FEES

If STREET SMARTS takes any action to enforce these TERMS OF USE, it will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

INJUNCTIVE RELIEF

You acknowledge that a violation or attempted violation of any of these TERMS OF USE will cause such damage to STREET SMARTS as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that STREET SMARTS shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these TERMS OF USE by you, as well as to recover from you any and all costs and expenses sustained or incurred by STREET SMARTS in obtaining such an injunction, including, without limitation, reasonable attorney's fees.

ASSIGNMENT

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

SEVERABILITY

These provisions contained in these TERMS OF USE shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

HEADINGS

The headings used in these TERMS OF USE are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

ENTIRE AGREEMENT

These TERMS OF USE, together with any terms and conditions incorporated herein or referred to herein, constitute the entire agreement between you and STREET SMARTS relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this SITE.