Welcome to SmartestDesk ("SmartestDesk," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the SmartestDesk website, simulation portal, content, and related services (collectively, the "Service").
By creating an account, purchasing a product, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 18 years of age, or the age of majority in your jurisdiction, to purchase or use the Service. By using the Service, you represent that you meet this requirement.
When you purchase a SmartestDesk simulation, you are purchasing a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial test-preparation purposes only. You do not acquire ownership of any content, item, or material, and no rights are granted other than the limited license expressly described in these Terms.
You may:
You may NOT:
Violation of this Section 5 constitutes a material breach of these Terms. You agree that monetary damages may be inadequate and that we are entitled to seek injunctive relief in addition to all other remedies available at law or equity, plus reasonable attorneys' fees and costs.
All content, design, branding, item banks, score-report architecture, diagnostic logic, and other materials provided through the Service are owned by SmartestDesk or its licensors and protected by U.S. and international intellectual property laws. Nothing in these Terms grants you any right, title, or interest in or to any of our intellectual property other than the limited license expressly stated.
All prices are stated in U.S. dollars and processed through Stripe. By purchasing, you authorize the charge to your selected payment method. Pricing is subject to change; the price displayed at the moment of purchase governs the transaction.
Your access code is valid for the window stated at purchase (currently sixty (60) days for the GACE 737 Mastery Simulation). The window begins on the date of code activation. Each access code activates on a maximum of two (2) devices and cannot be reset or transferred.
All sales are final. Because SmartestDesk products deliver immediate access to proprietary digital materials, no refunds will be issued once an access code has been activated or any portion of the simulation has been viewed. Please choose your acquisition and your devices carefully.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We do not warrant or guarantee that use of the Service will result in any particular outcome on the actual GACE 737 examination. SmartestDesk simulations are independent practice materials, not the live exam. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, our total cumulative liability to you for any claim arising out of or relating to the Service is limited to the amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages.
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles. Any dispute arising under or relating to these Terms shall be brought exclusively in the state or federal courts located in Shelby County, Tennessee, and you consent to the personal jurisdiction of such courts.
We may update these Terms from time to time. Material changes will be communicated by email and by posting the updated Terms with a new "Effective Date." Continued use of the Service after changes take effect constitutes your acceptance of the updated Terms.
Questions about these Terms? Contact us at support@smartestdesklearning.com or by mail at SmartestDesk, Memphis, TN.