Who Buys Be Smart Kids?

Be Smart Kids Policies

Activating Product

YOU MUST ACTIVATE YOUR PRODUCT

When you purchase Be Smart Kids, you must activate the product online or call 1-866-423-KIDS and activate over the phone. The product is licensed for only one computer. Please have your serial number ready if you call.

Tech Support

You can call Tech Support at 1-866-423-KIDS. Tech support is free for one full year after purchase of the product. If you need support after a year of the purchase date, some charges may apply. Charges may be up to $25. Payment is expected in full at time service is provided.

If you are moving Be Smart Kids to a new computer or if you are upgrading your computer and you need to reactivate your serial number, the first reactivation is free. Any reactivation for any reason after that, there will be a $25 fee.

Please store your serial number in the event you ever need to reinstall the program. Also, have your serial number ready when you call for tech support so that we may better serve you. Please check out our Support section and FAQ for answers to your questions before calling.

Return Policy

Be Smart Kids, Inc. has a 30-day money-back guarantee. If you need to return a product for any reason, please call 1-866-423-KIDS to obtain a return code. Proof of purchase is required to receive a full refund. Return code must be clearly marked on the return box. Code is only valid within the guarantee period.

The product must be received by Be Smart Kids, Inc. within the guarantee period and must be returned at your expense via UPS, Federal Express, DHL or insured first-class mail. Returns will not be accepted without a return code or after expiration of the guarantee period. Your refund will be the amount of the product price only. Shipping and handling charges are nonrefundable. Products must be returned in the original packaging in a proper shipping container and with proof of purchase. Be Smart Kids, Inc. is not responsible for any items lost during shipping.

If your item was damaged or defective during initial shipping, please keep the box and merchandise and notify us immediately at 1-866-423-KIDS. Please have your order number and serial number along with your e-mail address and proof of purchase for fastest service.

If you have activated the product and are wanting to return it within the 30 day limit, you will need to send us proof that you have taken Be Smart Kids off of your computer. For information on how to do this, you will need to call Be Smart Kids.

 

License Agreement

Be Smart Kids, Inc. Software License Agreement

This is a legal agreement between you, the user, and Be Smart Kids, Inc. This agreement covers all software that is distributed as part of the Be Smart Kids Process for which there is no separate license agreement between you and the owner of the software (collectively the “Software”). By opening or breaking the seal on the Software packet(s), installing or downloading the Software, you agree to be bound by the terms of this agreement. If you do not agree to these terms, promptly return all unopened Software items (CD, written materials, and packaging).

You may use one copy of the Software on only one computer at a time. “Use” means loading the Software in temporary memory or permanent storage on the computer. If you are a customer of Be Smart Kids, Inc., you hereby grant Be Smart Kids, Inc., or an agent selected by Be Smart Kids, Inc., the right to perform an audit of your use of the Software during normal business hours, or over the Internet, you agree to cooperate with Be Smart Kids, Inc. in such audit, and you agree to provide Be Smart Kids, Inc. with all records reasonably related to your use of the Software. The audit will be limited to verification of your compliance with the terms of this agreement.

The Software is protected by United States copyright laws and international treaties. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk, provided you keep the original solely for backup or archival purposes. You may not rent or lease the Software or copy the written materials accompanying the Software. Ownership of this Software is not transferable, but you may transfer the Software and all accompanying materials on a permanent basis to another computer, if you retain no copies other than allowed by this agreement. You may not reverse engineer, decompile or disassemble the Software. You may not use the disks on another computer or network, or loan, rent, lease, or transfer them to another user except as permitted by this agreement.

LIMITED WARRANTY

Be Smart Kids, Inc. warrants the Software disks will be free from defects in materials and workmanship under normal use for thirty (30) days from the date you receive them. This warranty is limited to you and is not transferable. Any implied warranties are limited to thirty (30) days from the day you receive the Software. Some jurisdictions do not allow limits on the duration of an implied warranty, so this limitation may not apply to you. The entire liability of Be Smart Kids, Inc. and its suppliers, and your exclusive remedy, shall be replacement of any disk not meeting this warranty that is sent with a return authorization number to Be Smart Kids, Inc. This limited warranty is void if any disk damage has resulted from accident, abuse, misapplication, or service or modification by someone other than Be Smart Kids, Inc. Any replacement disk is warranted for the remaining original warranty period of thirty (30) days, whichever is longer.

Be Smart Kids, Inc. does not warrant that the functions of the Software will meet your requirements or that operation of the Software will be uninterrupted or error free. You assume responsibility for selecting the Software to achieve your intended results and for the use and results obtained from the Software.

BE SMART KIDS, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PERTICULAR PURPOSE, FOR THE SOFTWARE AND ALL ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights; you may have others, which vary from jurisdiction to jurisdiction.

IN NO EVENT SHALL BE SMART KIDS, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow an exclusive or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

U.S. GOVERNMENT RESTRICTED RIGHTS

The software and documentation are “commercial items” as that term is defined at 48 C.F.R. 2.101 consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R.12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the software and documentation with only those rights set forth herein. Contractor/manufacturer is Be Smart Kids, Inc., 609 Asheville Hwy., Greeneville, Tennessee, 37743.

GENERAL

This license is effective until terminated. It will terminate upon the conditions set forth above, or if you fail to comply with any of its terms. Upon termination, you agree that the Software and accompanying materials, and all copies thereof, will be destroyed. This agreement is governed by the laws of the State of Tennessee. Each provision of this agreement is severable. If a provision is found to be unenforceable, this finding does not affect the enforceability of the remaining provisions, terms, or conditions of this agreement. This agreement is binding on successors and assigns. Be Smart Kids, Inc. agrees and you agree to waive, to the maximum extent permitted by law, any right to a jury trial with the respect to the Software or this agreement. Because this waiver may not be effective in some jurisdictions, this waiver may not apply to you. You acknowledge that you have read this agreement, that you understand it, that you agree to be bound by its terms, and this is the complete and exclusive statement of the agreement between you and Be Smart Kids, Inc. regarding the Software.