In consideration of your use of the Product, you agree to: (a) provide true, accurate, current and complete information about yourself on the SURATION registration system (b) maintain and promptly update your account data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, SURATION has the right to suspend or terminate your account and refuse any and all current or future use of the Product.
SURATION products and services are intended for use by anyone who is interested in education. Most often this is teachers, students, parents, administrators, family members and/or guardians. Those individuals under 13 years old, must obtain approval to use their accounts through an authorized parent, guardian or equivalent authorized authority, including subscribing schools and/or districts. Documentation of this authorization is provided by eligible Users at the time of registration.
If the TOU’s are not met by users the accounts may be terminated by SURATION at any time and without notice. It is the responsibility of Users of their own accounts to adhere to the TOU. It is the responsibility of all multiple and bulk purchasers of subscriptions to ensure all of the Users in their subscription pool adhere to the TOU. Owners of multiple and bulk accounts will be given information on their subscribers in order to manage their accounts, including termination, renewal and compliance with all COPPA and applicable laws.
SURATION proactively and regularly scans Third-Party web links on our website and platform to ensure they are in working order and have not been inadvertently altered. SURATION has also incorporated user feedback systems which allow users to inform us if they detect any Third-Party web link which is not working properly or has been altered. SURATION also has access to information disseminated on our Notifications system.
Taken together information collected by SURATION and the information given to the owners of multiple and bulk subscriptions cannot guarantee the integrity of every Third-Party web link or the authenticity of users. Monitoring the Notification system cannot guarantee the integrity of the content disseminated. However, these systems are designed to maximize the safety of the SURATION website, allow SURATION to take corrective action as needed, and continually enhance the user experience.
Any Free Trial of the Product is a temporary courtesy provided to allow potential users to learn about how SURATION works and to determine if they would like to subscribe to the service. All ages are eligible to take part in 10 free initial SURATION searches without providing any registration information.
An optional 10 day free trial is also available. This requires full registration upfront, and only those over 12 years of age and those with credit cards are allowed to sign up for this 10 day trial. Authorized Users may register and open a 10 day trial account, for use by those under 13 years old, but they must adhere to all TOU, Privacy and COPPA laws. Within the 10 day period any user on a trial has the right to cancel the service without a charge by SURATION. On the 11th day SURATION will automatically charge the Users credit card, for the period of subscription agreed to at time of User registration. Once the card is charged, SURATION does not give refunds.
The user will complete all registration information and set up a personal userid and password. You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your username and password. If you feel your password is no longer secure, you should change it immediately. SURATION cannot and will not be liable for any loss or damage arising from the unauthorized use of your password. If you lose or forget your password you can change it in your “my account” section of the SURATION website. If that does not work you can let SURATION know through our firstname.lastname@example.org email. Authorized Users may set up Individual Subscriptions for those under 13 years old.
Usage of the Product is strictly limited to those subscribing to SURATION accounts under one of the offered plans. Subscribing users or owners of subscriptions are prohibited from publishing or in any way communicating their authentication credentials (including usernames and passwords) to non-subscribing individuals. Posting of authentication credentials (including usernames and passwords) on websites, emails, newsletters or any other types of electronic or print media is in violation of the TOU policy. License keys, purchased by owners of multiple or Bulk accounts may be sent to individuals or groups who use these to initiate registrations under the TOU.
Subject to the TOU, SURATION grants users the right to access and use the Product for educational purposes. SURATION retains all rights with respect to our Products (Service, Software, Intellectual Property, Proprietary Data and all other SURATION generated or gathered Data.) All Individual, Multiple and Bulk users agree not to duplicate, publish, modify, or otherwise distribute the material contained within the Product unless specifically authorized in writing by SURATION to do so.
The Data and software of the Product and Service are the proprietary property of SURATION and/or our business partners and are protected by U.S. and international copyright and other intellectual property laws. You agree not to frame, or assist Third-Parties in altering any of the Web pages contained in the Product without SURATION’s prior authorization. Any unauthorized altering of the content on SURATION’s website or the appearance of altering the content, including Third-Party Content is strictly prohibited under the TOU.
As a condition of your use of the Product, you warrant to SURATION that you will not use the Product for any purpose that is unlawful or prohibited by the TOU. You agree not to use the Product in any manner that could damage, disable, overburden, or impair the Product. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through SURATION.
SURATION is designed to put limits and controls on a user’s ability to add to or alter the content on SURATION’s website. On-going monitoring by SURATION and immediate feedback systems available to its users to communicate directly with SURATION are designed to provide all users a safe on-line environment. However, even with all of these safeguards SURATION cannot guarantee the safety of the user environment under all conditions. This is due to the nature of the Internet and how it works. However, SURATION also requires all users and owners of subscriptions to agree to and follow the rules of conduct:
SURATION reviews all content posted on our website, prior to it being available to SURATION users. It is our intent to ensure no inappropriate, inaccurate or irrelevant educational content be accessible or downloadable on the SURATION website, by any outside user or Third-Party. However, SURATION cannot guarantee successful implementation under all circumstances and that all content will be free of inappropriate content. However, SURATION has set up procedures, internal and through User feedback, to correct any problems as quickly as possible.
Anytime a User recommends content for use on the SURATION website the content will be reviewed and approved by the SURATION staff before a decision is made to put it on our Website. Whether or not the content is uploaded on to the SURATION website there is no provision for SURATION to pay for the content, and no restrictions on the use of the content by SURATION other than those that would apply under the TOU. SURATION assumes all content suggested for use on our Website comes with no restrictions of any kind and SURATION is not responsible for protecting the content other than as described in the TOU. SURATION will not be held liable for the public distribution or loss of any such content. The User bears all responsibility and risks associated with the use, maintenance, and retention of such content, including any reliance on the accuracy, completeness, or usefulness of such content.
Users of SURATION acknowledge that it is not feasible for SURATION to review the personal information for all users of the Product, nor to review all third-party content and postings on the Product or Service. Accordingly, SURATION, cannot and does not confirm the accuracy of such information, content or postings and the User is advised to exercise a reasonable degree of caution in dealing with such information, content or postings and other users on this web site. SURATION makes no representation or warranties as to accuracy. Everything on the site is provided “as is” without warranty of any kind, either express or implied including, but not limited to, the implied warranty of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the exclusion of implied warranties in which case some exclusions may not apply.
The Product contains links to other Web sites or resources. Because SURATION has no control over such sites and resources, users acknowledge and agree that SURATION is not responsible for the availability of such external sites or resources, and SURATION does not endorse and is not responsible or liable for the Data or any other content, advertising, products, or other materials on or available from such sites or resources. Users further acknowledge and agree that SURATION shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the Data or any other content, goods or services available on or through any such site or resource. SURATION has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SURATION. These links are only for your convenience and therefore you access them at your own risk.
SURATION may monitor your online applications and you agree not to block or interfere with such efforts. You also agree to notify SURATION immediately upon any suspected misuse of the Service or Data.
SURATION may limit the number of network calls that your application may make via the Service APIs, and/or the maximum file size, and/or the maximum Data that may be accessed, or anything else about the Service and the Data that SURATION deems appropriate, in its sole discretion; these limitations may on occasion be without notice. In addition, SURATION may post usage limitations at the Service area of its Website, and change such usage limits at any time. SURATION may utilize technical measures to prevent over-usage and/or stop usage of the Service APIs by an application after any usage limitations are exceeded.
You will not modify, obscure or delete any of SURATION Data that is stored on your own equipment without SURATION written consent. No Third-Party may store or cache the Data or Web Links not authorized by SURATION in writing. Access to the Data that you give to your customers shall be limited to the Software as a Service (SaaS) delivery model. You are only permitted to use the Data within an application that leverages real-time use of the Service APIs.
You must clearly and conspicuously attribute the source of all Data as received from the Service and may not modify, obscure or delete the text, images, artwork, logos, copyrights or similar proprietary notices or other aspects of any Data that you receive from the Service, except that, with respect to graphic images, you may re-size such images while maintaining the same relative proportions of such image. If you display the Data in a way that SURATION finds unacceptable for any reason, including if your display violates the TOU or disparages, damages, tarnishes or impairs the value, integrity or goodwill of the Data or its subjects or brands therein, SURATION may require you to immediately change or cease your display of such Data. All Data transmitted by SURATION in connection with your application remains the property of the proper owners or licensors thereof. You acknowledge and agree that SURATION has no obligation to, monitor the content created by your Users of the Service.
Each of SURATION’S partners and any party to an agreement with SURATION shall maintain in confidence all Confidential Information (as defined below) disclosed by the other party. Any party disclosing Confidential Information shall be known as the “Disclosing Party” and any party receiving the Confidential Information of another party shall be known as the “Receiving Party.” Without the prior written consent of the Disclosing Party, no Receiving Party shall use, disclose or grant use of the Disclosing Party’s Confidential Information except as permitted under the TOU. No Receiving Party shall disclose any part of the Disclosing Party’s Confidential Information to any third party, other than its employees or authorized advisers. Each Receiving Party shall maintain the Disclosing Party’s Confidential Information in strictest confidence and exercise all necessary and appropriate precautions to prevent disclosure of the Disclosing Party’s Confidential Information to any person except as specifically authorized in the TOU. Each Receiving Party shall promptly notify the Disclosing Party upon discovery of any unauthorized use or disclosure of Disclosing Party’s Confidential Information.
Each Receiving Party may disclose Disclosing Party’s Confidential Information to the extent required by applicable governmental regulations or applicable law; provided that, if a Receiving Party is required to make any such disclosure of Disclosing Party’s Confidential Information, it shall give reasonable advance notice to Disclosing Party of such disclosure requirement and use its reasonable efforts to secure confidential treatment of the Confidential Information being disclosed.
As used in the TOU, “Confidential Information” means any information, knowledge or data with respect to Disclosing Party’s business, services, trade secrets, technologies, systems, customers, and sales, marketing and service methods, including but not limited to, techniques, computer flow charts and programs, computer software (whether owned or licensed by Disclosing Party), hardware, and firmware, models, data and data systems, documentation, manuals, diagrams, research and development efforts and results, technical, marketing, operation and performance information, cost know-how, business pricing policies, methods, systems, practices, sales and marketing methods, trade secrets, know-how, processes, procedures, employee lists or resumes, financial information, cost and revenue information, customer lists, information relating to past, present or prospective customers and information belonging to Disclosing Party’s customers. All of the foregoing information, whether oral or written, together with analyses, compilations, studies, notes of conversations, or other documents prepared for or by Disclosing Party or Receiving Party that contain or otherwise reflect Confidential Information, is also Confidential Information. Confidential Information does not include information that is or becomes generally available to the public other than as a result of disclosure, directly or indirectly, by Receiving Party.
Users and Subscription Owners expressly understand and agree that use of the Product and Service is at your sole risk. The Product and Service is provided on an “as is” and “as available” basis. Except for any warranties expressly contained in a contractual agreement between you and SURATION, SURATION expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, SURATION makes no warranty that (i) the Product and Service will meet your requirements, (ii) the Product and Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Product and Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the Product or Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from or through SURATION or the Product or Service shall create any warranty not expressly stated in the TOU.
Users and Subscription Owners expressly understand and agree that SURATION shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damage, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SURATION has been advised of the possibility of such damages.)
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of the Disclaimer of Warranties and Limitation of Liability sections may not apply to you.
You agree to indemnify, defend and hold SURATION and its subsidiaries, affiliates, members, managers, partners, officers, directors, agents, and employees harmless from any claim, demand liability, cost, expense, loss, judgment, penalty or damages, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Product or Service, your use of the Product or the Service, your connection to the Product or the Service, the disclosure of such content, your negligence or willful misconduct , your breach of your responsibilities, representations or warranties under any contractual agreement between you and SURATION, your violation of the TOU, or your violation of any rights of another.
You acknowledge that SURATION may establish general practices and limits concerning use of the Product or Service, including without limitation the maximum number of days that any uploaded content will be retained by SURATION, the maximum disk space that will be allotted on SURATION servers on your behalf, and the maximum number of times (and maximum duration for which) you may access the Product or Service in a given period of time. You agree that SURATION has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Product or Service. You acknowledge that SURATION reserves the right to deactivate accounts that are inactive for an extended period of time. You further acknowledge that SURATION reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that SURATION, in its sole discretion, may terminate your username and password, account or use of the Product or Service, and remove and discard any content within the Product or Service, for any reason, including, without limitation, for lack of use or if SURATION believes that you have violated or acted inconsistently with the letter or spirit of the TOU. SURATION may also in its sole discretion and at any time discontinue providing the Product or Service, or any part thereof, with or without notice. You agree that any termination of your access to the Product or Service under any provision of the TOU may be effected without prior notice, and acknowledge and agree that SURATION may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Product or Service. Further, you agree that SURATION shall not be liable to you or any third-party for any termination of your access to the Product or Service.
SURATION, and other logos, tag lines and product and service names are trademarks, service marks, and trade names (collectively the “Marks”) of SURATION, LLC. Users and Subscription Owners acknowledge that SURATION, LLC is the sole owner of the entire right, title and interest in the Marks and reserves all rights to the use of the Marks. All other trademarks and servicemarks appearing on the Product are the property of their respective owners. Unless otherwise noted, all other aspects of the Product or Service are either copyrighted or are the proprietary information and/or design of SURATION, LLC. SURATION, LLC is the sole owner of the entire right, title and interest to such intellectual property rights, including but not limited to text, design, graphics, interfaces, or code.
It is our policy to respond to claims of intellectual property infringement. SURATION will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, SURATION will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Notices of claimed infringement should be directed to: email@example.com
Please put “Notice of Infringement” in the subject line of all such notifications. When SURATION removes or disables access to any material claimed to be infringing, SURATION may attempt to contact the owner/administrator of the site that contains such material in order to provide an opportunity to respond to the notification, although SURATION makes no promise to do so. Any and all counter notifications submitted by the owner/administrator of the site will be furnished to the complaining party. SURATION will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before SURATION replaces or restores access to any material as a result of any counter notification.
If SURATION has granted to you a license under a contractual agreement between you and SURATION, such license is a limited, nonexclusive, revocable, non-sublicensable and non-transferable license to display the trade names, trademarks, service marks, logos, copyright notices, domain names and other distinctive brands of Company (cumulatively, the “SURATION Brands”) in accordance with the TOU and solely for attributing the source of the Product, Service and Data, and for the purpose of promoting or advertising that you use the Product or Service in certain of your applications. Your use of the SURATION Brands (including any associated goodwill) shall inure to SURATION’s benefit.
Unless such restriction is prohibited by law, at no time shall you challenge or assist others in challenging the SURATION Brands or SURATON’s registration thereof, nor shall you attempt to register any SURATION Brands or brand identifiers (including domain names) that are similar in any way to any of the SURATION Brands.
You may not do any of the following with respect to the SURATION brands:
SURATION maintains a NO Refund policy. Once a purchase of a SURATION product or service is made a refund will not be given. All users enjoy the opportunity to trial the products and services at no charge for specified periods of time and under specific guidelines. The purpose is to give users a chance to try out SURATION prior to committing to purchasing the subscription(s). This approach is of benefit to users and allows SURATION to keep costs as low as possible. This policy is in force for all purchasers – Individual, Multiple and Bulk.
The TOU constitute the entire agreement between you and SURATION and govern your use of the Product and the Services. The TOU and the relationship between you and SURATION shall be governed by the laws of the Commonwealth of Virginia without regard to conflict of law provisions. You and SURATION agree to submit to the personal and exclusive jurisdiction of the courts located within Loudoun County, Virginia. The failure of SURATION to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Product or Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. You acknowledge that accounts on the Product or Service may not be assigned without the prior written consent of SURATION.