Welcome to SmartPhish.com!  Thanks for coming!

Before we get neck deep, the basics are this: be honest, be good, pay your bills, follow the rules and do the right thing.

SmartPhish ("SmartPhish" aka "us" aka "we" aka "our"… - it's all us) provides you this website ("Site") and service ("Service") subject to the following SmartPhish Terms and Conditions ("Terms") and you'll have to agree to them if you want to use it, but we think the terms are reasonable.  After you read the Terms you'll need to check the check box saying that you agree to follow our rules (did we really have to explain that?).  You are also telling us that you can lawfully enter into and form contracts under applicable law.  Once you accept, this becomes a binding contract between SmartPhish and you regarding your use of the Site.  If you don't agree to the Terms, don't register and don't use the Site….sorry but we have to have rules in this crazy world. 

These rules apply to all tutors, students, parents or anybody else who has anything to do with this site.  If you are accessing the services, this includes you.  If you are paying for a student to use the services, this includes you.  If you are a tutor, this includes you.

This site is only intended for people over the age of 13.  If you agree to these terms you are telling us that you are 13 or older.  If you are a parent or guardian or anybody else enabling a child access to the site, you are agreeing to these terms and you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age.

All of your information submitted to the site is subject to our Privacy Policy.  Please read it. 

Our Services

We enable tutors ("Tutors" aka "Teachers") to teach and students to learn or you can do both — ain't life grand.  All of our tutors are independent contractors.  We do not employ tutors.  Our service is to provide tutors and students a platform and suite of tools that will enable learning to take place.  We will continue to roll out new features that will allow people to learn in different ways.  These Terms apply to all of our services and tools. 

We provide Tutors a place to establish themselves and Students a place to learn. 

Costs Associated with Teaching or Learning

You are responsible for buying all of your own equipment necessary to teach or to learn… period.  You are responsible for all of your costs associated with teaching or learning through the site or any services procured through the site.  You pay for your own internet. 

Fees and Taxes

Joining SmartPhish is currently free and we'll try to keep it that way if we can stay afloat doing so.  We provide a free market where the prices paid for services are negotiated or set by the tutor and/or the student.  We do not have anything to do with the price, hence the statement of free market.  We charge a booking fee for every session booked through the site.  We reserve the right to change this at any time.  We may also run promotions from time to time but those will be opt in. 

We will set standardized prices for video lessons.  We will make compensation agreements with tutors as the feature is released.  Compensation agreements will always be subject to change but tutors will always receive fair compensation.  Fair compensation is defined at the sole discretion of SmartPhish, Inc.  We have to figure out the pricing model that works best for students. 

All fees are in US dollars.  You are responsible for paying all fees and applicable taxes in a timely manner.  By agreeing to the Terms you are agreeing that you will pay all fees and applicable taxes in a timely manner.  If you fail to make payments, we will collect fees from your account balance, credit cards on file or through a collection agency and legal counsel.  Pay your bills. 

You are solely responsible for all applicable federal, state, local, and foreign taxes or charges imposed by any government entity, directly or indirectly, in connection with your enrollment as a Tutor. SmartPhish will send you a statement at the end of the year with your earnings.

1. Registering on SmartPhish

Eligible Users.  If you are 13 years old and over, you will need to provide personal information (such as your full name, birth date, and email address) and a password to create your Account. While you are using the Site your first name and first initial of your last name will be displayed.  To protect the privacy of your Account, we will create and display an alias email address on the Site which will automatically forward messages to and from your real email account. 

Children Under the Age of 13.  If you are under the age of 13, you cannot register without the permission of your parent or legal guardian who is at least 18 years old ("Parent").  You will need your Parent to create an SmartPhish account ("Account") for you.  In order to create your Account, your Parent must be a registered user on the Site so that your new Account can be linked to his or her Account. 

2. Account Obligations

When you register on our Site, you agree to give us accurate, current, and complete information about you.  To make sure we have your latest information, you also agree to update your information if there are any changes.  You acknowledge that we can (and we will) rely upon all the information that you give us. 

Once you have set up your Account, you are solely and fully responsible for:

• maintaining the confidentiality of your User ID and password;
• immediately notifying us of any unauthorized use of your User ID or password and any other breach of security involving your Account;
• evaluating and selecting the third parties with whom you interact using the Site; and
• all usage, transactions, activities, charges, and liabilities associated with your Account including any unauthorized charges made on or through your Account until you notify us that your User ID and/or password has been compromised. 

All Users.  As a user in search of or engaging Tutors, you agree that:

• you will read and abide by the pricing information (see Services section above) before using the Site;
• If you are under the age of 18, get parent or legal guardian consent before using the Site and before contacting the Tutors; only contact the Tutors and tutoring services if you are looking for a Tutor. 
• You realize that booking in person tutoring sessions with tutors or students could possibly be dangerous. 
• You agree that SmartPhish is not responsible for your safety.

You also agree that you will NOT:

• distribute or post spam, chain mails or any such data;
• distribute or post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, defamatory or libelous content to the Site;
• manipulate or interfere with the Site.

Parent-Child Accounts.  If you are a Parent who created an Account for your child that is linked to your Account, you are also fully responsible for (a) all of your child's activities on the Site; (b) monitoring and controlling your child's use of the Site; and (c) the consequences of any misuse. 

Teaching on SmartPhish.  If you want to offer educational Content, classes or tutoring services ("Session(s)") through the Site at any time, you need to complete the application process to become a "Tutor" and will be subject to and responsible for complying with the following terms.

• You will read and abide by the pricing information (see Services section above) before using the Site;
• You are fully responsible for the content you provide, and accuracy of the information; In connection with the content you provide, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all of your content to enable inclusion and use of the content in the manner contemplated by the Site and these Terms of Service. 
• You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge and skill sets, to teach and offer the services you mention;
• You will not post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, defamatory or libelous content;
• You will not distribute viruses, post spam, chain mails or other such data;
• You will not use the Site for any business other than for providing tutoring, teaching and instructional services;
• You will not copy, modify or distribute Company Content (as defined below) from our Site, including trademarks and copyrights;
• You will not interfere with or otherwise prevent other Tutors from providing their services;
• You will keep Your Data (as defined below) up-to-date, and respond to users seeking your services in a timely fashion, so as to ensure quality of service provided to students, parents and other users of the Site;
• If you are under the age of 18, but are qualified to be a Tutor, you will obtain parent or legal guardian permission as and when needed, and before registering with the Site; and
• If you are in a state or locale where any form of tutoring requires a license or other form of governmental permission, you shall not use this Site or act as a Tutor until such license and permission is obtained.

3. Ownership Rights to Content; License Grant

Whenever you submit, post or display any material (including text, audio, video, pictures, graphics, sound clips, and other works of authorship) ("Content") on our Site, you represent and warrant that:

• you own all rights in your Content (or that you have acquired all necessary rights in the Content from the actual owner) to enable you to grant to us the rights to such Content;
• you have paid and will pay in full all fees and other financial obligations (if any) arising from the posting of your Content;
• you are the individual pictured, depicted or heard in your Content (or that you have obtained permission from each person who appears and/or is heard in your Content) to enable you to grant to us the rights to such Content; and
• your Content is not defamatory in nature, and does not infringe the intellectual property, privacy, publicity or any other legal or moral rights of any third party. 

You retain ownership of all intellectual property and proprietary rights to any Content that you post on the Site.  However, by submitting, sending or otherwise making your Content available on or through the Site, you hereby grant us a worldwide, royalty-free, freely transferable, non-exclusive right and license to use, reproduce, distribute, and publicly display your Content in any form, media, or technology now known or later developed.  You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction.  You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act reasonably necessary or appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms.  You acknowledge that the display of your Content for any period of time is sufficient consideration for the license granted herein to SmartPhish. 

4. Prohibited Content and Prohibited Conduct

Our Site is an open marketplace to learn and share knowledge. But we do have some rules.  If you break the rules, we reserve the right to disable your Account and remove your Content without notice.  We love you but we will kick you off.

You are NOT allowed to post to the Site any material or link that is or could appear to be "Prohibited Content," which includes:

• untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable;
• infringing or alleged to be infringing upon a third party's intellectual property rights (including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party);
• inside information, proprietary and confidential information, or any data that you obtained that was not authorized by the owner and that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• unsolicited, undisclosed or unauthorized advertising;
• software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• counterfeited, illegal, stolen, or fraudulent; and
• in violation of any applicable local, state, national or international law, regulation, or statute (including export laws and regulations governing the transmission or retransmission of technical data from the United States).

To ensure that the Site is only used and accessed for educational purposes, you agree NOT to engage in (or attempt to engage in) any "Prohibited Conduct," which includes the following:

• contact or communicate with other users (especially Students) through means other than those provided on the Site unless you had a pre-existing relationship with such users outside of SmartPhish;
• engage in Tutor/Student communications that are unrelated to learning or the subject of the relevant Session, including without limitation communications that solicit or disclose personally identifiable information such as full name, age and city of residence;
• access or use the Site in any way that is harmful, in violation of these Terms, or in any way that is not in full compliance with any applicable local, state, national or international law, regulation, or statute (including export laws);
• hack into, access, tamper with, or use services or areas of the Site that you are not authorized to access;
• alter, tamper, damage, or delete any information (such as postings, registration information, profiles, submissions or other communications) on the Site that are not your own;
• use any robot, spider, scraper or other automated means or interface not provided by us to access the Site, to extract data or to gather or use information (such as email addresses) available from the Site in order to transmit unsolicited advertising, "junk mail," "spam," "chain letters" or "pyramid schemes";
• make it look like we have endorsed you or your Content for any purpose except as we have expressly permitted in writing;
• spoof or impersonate any person or entity, register under a false name, use an invalid or unauthorized credit card, or use another user's Account;
• falsely state or misrepresent your affiliation with any person or entity;
• reverse engineer any aspect of the Site or do anything that might bypass or circumvent measures employed to prevent or limit access to any area, Content or code of the Site (except as otherwise expressly permitted by law);
• send to or otherwise impact the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient;
• interfere with another user's transaction, disrupt the normal flow of communication, or otherwise act in a manner that negatively affects other users' ability to access or use the Site or to engage in real-time exchanges or transactions;
• collect or store personal information about other users without their permission, or stalk or harass other users in any way; and
• take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

5. Monitoring, Investigation and Enforcement

We have the right, but not the obligation, to monitor any activity and Content associated with this Site. 

YOU UNDERSTAND AND ACKNOWLEDGE THAT WE DO NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT ON OUR SITE. 

By using this Site, you give us the permission to record all your communications through the Site.  If you are a Parent of a child user under the age of 13, you can request to have regular access to all records of your child's communications and activities on the Site.

We may investigate any complaints or reported violations of these Terms.  At our absolute discretion, we reserve the right to take any of the following actions as we deem appropriate if you violate any of these Terms:

• contact you in connection with compliance and performance of our Terms and our other policies;
• suspend or terminate your Account;
• stop any purchase transaction;
• withhold funds or adjust your Account balance to account for any applicable fees or charges;
• prevent or restrict access to the Site or particular Content; and/or
• remove any prohibited Content on the Site.

We also reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other governmental officials. In order to cooperate with governmental requests, to protect our systems and users, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted Content.  We will report illegal conduct to law enforcement and we will cooperate to ensure that violators are prosecuted to the fullest extent of the law.  We reserve the right, at our sole discretion, to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving our Site.

6. Purchasing a Session

If you want to purchase any Session on the Site either for yourself or on behalf of your child, you must pay using any major credit card issued by a United States bank.  We may also request your billing address along with your credit card information.  If the payment is successful, your credit card will be charged for the full price of the Session at the time of purchase.  If we are unable to charge your card successfully, we will contact you using the contact information provided in your Account.  If your payment method fails, we may collect fees owed using other collection mechanisms (including charging other payment methods on file with us and retaining collection agencies and legal counsel).  You may not use the SmartPhish cancellation/refund process to unjustly obtain Sessions without paying the necessary fees or use your purchased Sessions in any way that violates the Terms.

7. Cancellation Policy

Students and tutors are both responsible for keeping their scheduled appointments.  Both parties must cancel at least 24 hours in advance.  We expect this policy to change from time to time as we figure out how to better serve you. 

8. User Reviews

You are asked to provide a review for each Session you took from a Tutor on the Site ("Review").  You should use caution, good judgment and proper language when leaving a Review for a Tutor and restrict the scope of your Review to a Tutor's teaching-related skills (i.e., communication skills, knowledge, patience, clarity, etc.).  What you post will become part of that Tutor's record on the Site.  Tutors are not permitted to discuss Reviews with you or to make any comments or suggestions to you regarding any future or past Review.  Because we do not censor Reviews or investigate them for accuracy, we are not legally responsible for the remarks posted, even if those remarks are defamatory. 

By using the site you are agreeing to leave honest feedback and your feedback has not been influenced by anything other than the quality of service you received.

9. Privacy

You agree that you have read our Privacy Policy and will abide by the terms set forth in it.  The Privacy Policy is part of these terms.

10. Disclaimer of Warranties

While we'll always do our best to make this Site fun, safe and easy, please be aware that you're using it at your own risk! 

THE SITE IS PROVIDED BY SmartPhish ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND (EITHER EXPRESS OR IMPLIED) including implied warranties of merchantability, fitness for a particular purpose, implied warranties of title, non-infringement AND THOSE ARISING FROM A SESSION OF DEALING, TRADE, USAGE OR PERFORMANCE. 

Tutors.  We do not guarantee and are not responsible for any user who is a Tutor.  We are not responsible for any actions taken by the Tutor.  No information located on the Site should be interpreted as financial or investment, medical or health, or legal advice or interpreted to create any kind of financial advisor-client, doctor-patient, or attorney-client relationship between you and a Tutor.

Content.  We have no control over and are not responsible for the quality, accuracy, legality or reliability of any information or services made on or through this Site by any user.  Any statements, services or Content posted by users are those of the respective users and NOT of SmartPhish.  We do not endorse any Content on or linked from the Site from any user and make no warranties on behalf of any user. Some links on the Site lead to websites controlled by independent third parties.  We are not responsible or liable for your use of or access to such third party websites.  We do not intend any link from our Site to any user or third-party Content to be referrals or endorsements of the linked user or third party or any product or services of the linked user or third party.

Site.  We control and operate the Site from our headquarters in the United States and make no representation that the Site is appropriate or available for use in other locations.  We neither guarantee secure or timely access and operation of the Site nor guarantee that your use will be uninterrupted, virus-free, and error-free.  We urge you to keep backup copies of your Content and other material that you maintain on or use with the Site.  We are not responsible or liable for loss of your Content or other material.

11. General Release and Indemnification

If you have a dispute with one or more users, you release us and our affiliates (and our officers, directors, agents, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. 

You agree that you will indemnify and hold harmless SmartPhish and our affiliates (and their respective employees, officers, directors, agents, and representatives) from and against any and all claims or demands instituted by a third party, arising out of or related to your use of the Site, breach of these Terms or your violation of any law or the rights of a third party, including all costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees). 

12. Limitation of Liability

You will not hold SmartPhish responsible for other users' actions or inactions, including Content they post. 

IN NO EVENT WILL SmartPhish OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES (EVEN IF SmartPhish HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF OR INABILITY TO ACCESS OR USE THE SITE, (B) ANY TRANSACTIONS YOU ENTERED INTO THROUGH THE SITE, (C) ANY GOODS OR SERVICES YOU SOLD OR PURCHASED THROUGH THE SITE, (D) ANY OF YOUR DECISIONS BASED UPON OR THE RESULTS OBTAINED FROM THE INFORMATION ON THE SITE, AND (E) ANY COMMUNICATIONS THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. 

13. Copyright Infringement; Designated Agent

We do not have any "digital rights management" or other security technology features to restrict someone else from copying and redistributing your Content. 

We respect the intellectual property rights of others and request that all of our users do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

• the electronic or physical signature of the owner of the copyright (or authorized representative);
• identification of the copyrighted work that you claim has been infringed;
• identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (for example, by providing a URL to the material);
• your name, address, telephone number, and email 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 that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our designated agent to receive notification of claimed infringement may be reached at:

SmartPhish, Inc.
ATTN: Copyright
4420 Dickason Ave. #1100
Dallas, TX 75219
Email: copyright@SmartPhish.com

It is our policy to terminate in appropriate circumstances any Account for repeated infringement of intellectual property rights and we also reserve the right to terminate any Account for even one instance of infringement.

14. Changes and Modifications to the Terms (including the Privacy and Cancellation Policies)

We have the right to update or change these Terms at any time and for whatever reason.  We will send an email to all registered users and prominently post on the Site when Terms have changed. 

You are responsible for updating your personal information on your Account to provide us your current e-mail address.  In the event that the last e-mail address that you have provided us is either invalid or for any other reason incapable of delivering to you the notice described above, our dispatch of the e-mail containing such notice and prominent posting of the changes on the Site will nonetheless constitute effective notice of the amendment described in the notice. 

After we have provided notice of material changes to the Terms, we will provide you with the opportunity to confirm your agreement to such changes upon your next log in to your Account.  You may choose not to agree to such Terms; however, in such event we may choose to deactivate your Account. 

15. Modifications to the Site

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.   You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. 

16. Communication Preferences, Opt-In, and Opt-Out Choices

By accepting our Terms and Conditions your account will Opt-in to marketing e-mails. You have a choice to give or not to give us your consent to use your personal information for marketing purposes and to send you marketing e-mail. When you choose to "opt out," you decline to give us your consent (a) to disclose your personal information with our corporate affiliates or corporate partners for their marketing purposes, and (b) to receive marketing communications or promotional materials via email from us, any corporate affiliates, or corporate partners. You can exercise and change your opt-out choices in the following way:

After registration, by accessing your Account settings, or by following the "unsubscribe" directions provided in the marketing email sent to you. 

If you choose to "opt out", it may take up to ten (10) days after you "opt out" for your election to be fully effective. Our systems require time to update and promotional mailings using personal information shared before you elected to opt out may already be in process. Thus, your personal information might continue to be shared with our corporate affiliates and corporate partners and you might continue to receive promotional materials from SmartPhish, our corporate affiliates and corporate partners for up to ten (10) business days after you have changed your opt-out election. 

17. Termination of Terms

You agree that we may suspend or block your access to the Site, terminate these Terms or terminate your Account at any time and at our sole discretion, with or without cause or any notice to you.  If applicable law requires us to provide notice of termination or cancellation, we may give notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records.  You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end.  If you use the Site after these Terms terminate, your use will constitute your agreement to the Terms then posted on the Site.

You may also terminate your Account and discontinue your use of the Site at any time.  These Terms (and all other terms and policies incorporated herein) will continue to apply to all of your past usage of the Site even if you are no longer using the Site. 

The provisions entitled "Ownership of Rights to Content," "Copyright License Grant," "General Release and Indemnification," "Disclaimer of Warranties," "Limitation of Liability," and "Privacy" will survive the termination of these Terms.

18. Safety Recommendations

We recommend the following safety recommendations be followed:

• Don't meet in strange isolated places.
• Check to see if the tutor has been ID verified
• Let family and friends know where you are going and who you are meeting.

It is not required that you follow each of these steps, however you MUST agree that you have seen these recommendations and it is by your own choice that you choose not to follow them.  You agree to hold harmless SmartPhish, Inc. or any of it's associates in the event something bad should happen.

19. Notices

Notices To You

All notices from us will be sent to you by e-mail, by posting on the Site or by postal mail.  We will send notices to you at the e-mail address or physical mailing address maintained in our records for you.  You must monitor your e-mail messages frequently to ensure awareness of any notices sent by us. 

Notices To Us

You can send notices to us (involving anything other than copyright infringement and privacy issues) only through postal mail to the following address:

SmartPhish
ATTN: Customer Service
4420 Dickason Ave. #1100
Dallas, TX 75219

For notices mailed through First Class mail, it is deemed received three (3) business days after it is deposited in the U.S. Mail or personally delivered by express courier such as Federal Express. 

20. Governing Law; Dispute Resolution

The Site is arranged, sponsored, or managed by SmartPhish in the state of Texas, USA. The laws of the state of Texas govern these Terms, without giving effect to any principles of conflicts of laws that would result in the application of the laws of a different jurisdiction. 

If a dispute arises between you and SmartPhish, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly.  Accordingly, you and SmartPhish agree that any claim or controversy at law or equity that arises out of these Terms or our services (a "Claim") will be resolved in accordance with one of the subsections below or as otherwise agreed to in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution through our Customer Support.

Law and Forum for Disputes - For any claim or dispute against SmartPhish where the total amount of the award sought is more than $10,000, you agree that it must be resolved by a court located in Dallas County, Texas.  You agree to irrevocably and unconditionally submit to the personal jurisdiction of the courts located within Dallas County, Texas for the purpose of litigating all such claims or disputes.  To the extent you have in any manner violated or threatened to violate SmartPhish's intellectual property rights, you agree that we may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is $10,000 or less, you agree to submit such claim to confidential arbitration in Dallas, Texas. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association ("AAA"). There shall be one arbitrator that shall be appointed pursuant to AAA procedure within 15 business days of receipt of the demand for arbitration by the respondent(s) in any such proceeding.  The arbitration decision or award shall be in writing and shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

21. General Provisions

No Assignment.  These Terms are personal to you. You may not transfer, assign or delegate them to anyone at any time.  Any attempt by you to assign, transfer or delegate these Terms will be null and void.  We shall have the right to transfer, assign and/or delegate these Terms without your permission

No Agency. Third-Party Beneficiary.  We are not your agent, fiduciary, trustee, or other representative.  Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any other person any legal or equitable right, remedy, or claim under or in respect to these Terms.  These Terms are intended to be and are for the sole and exclusive benefit of SmartPhish and you.

Severability.  If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

No Waiver.  We will not be considered to have waived any of our rights or remedies described in these Terms unless the waiver is in writing and signed by us.  No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver.  Any single or partial exercise of a right or remedy by us will not preclude further exercise of any other right or remedy.  Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of SmartPhish's right to subsequently enforce such provision or any other provisions of these Terms.

22. Legal Notices

Various laws require or allow us to give users of this Site certain notices and each of them is incorporated into these Terms. 

NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED

SmartPhish WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY SmartPhish TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE SmartPhish PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY SmartPhish, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO SmartPhish COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.

TRADEMARK NOTICE

The trademarks SmartPhish and all other trademarks or service marks used in the Site are owned or used under permission from their respective owners by SmartPhish and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks or service marks. You may not use any of the trademarks or service marks displayed on this Site or in any Session without prior written consent from their respective owners.